Timeline For Adjustment of Status

[emily29 2]

I know I might be jumping the gun a bit here - but I was wondering if someone could help me get this timeline figured out in my head! Sometimes it seems like the longer I think about things, the harder it gets to understand it!

I am petitioning for my fiance from Sweden to come to the US with a K1 visa. I know that it is valid for 6 months before arrival in the US, and that we need to be married within 90 days of his coming here. I was just wondering whether we need to apply for his adjustment of status within that first 90 days as well, and if so, if we need to be married much sooner than 90 days from his arrival.

I'm trying to work out how to plan our wedding with such a murky timeframe, and I want to be sure that I don't miss any deadlines in the process.

Thanks for any feedback!

[Scandi 3,976]

No you don't have to file for AOS within those 90 days, some wait for years. It's recommended to do it as soon as possible after the wedding though as the time in between the date when his i-94 expires and the date when he files for AOS is considered "out of status". Nothing's going to happen, but your fiancé can't work or leave the country until he has the EAD and AP (which he gets about 90 days after filing for AOS if those two are included in the filing).

Edited July 15, 2016 by Scandi

[C-ma'am 684]

The above answer is correct.

While there is no specific time frame to file for AOS, it's recommended that it gets done ASAP after marriage. In most cases, you need to wait to receive your marriage certificate.

If you look at my timeline, for example, you'll see that we got married in June and AOS was filed in September of that same year.

[p-ana 933]

The k1 visa will be valid for 6 months from the date he had his medical.

Whenever he arrives in the USA within the 6 months validity of the visa, he will then have 90 days to get married. That is the requirement for the visa.

The aos can be filed at your discretion but it is for his best interest to file it as soon as possible so he can be authorized to stay and start his new life here.

It's good you're thinking ahead and planning everything. The adjustment for him in this new life will be a lot easier having someone that cares like you.

Best of luck

[emily29 2]

Thanks so much for the information! I thought this was the case, but must have read something that made me concerned I had misunderstood - and we'd need to get married shortly after he arrived here in order to get filing done.

This site has been so great throughout this whole process!

[Adil & Jeanne 296]

BTW the 6 months is from date of medical exam not visa issued

[Cyberfx1024 7,978]

Thanks so much for the information! I thought this was the case, but must have read something that made me concerned I had misunderstood - and we'd need to get married shortly after he arrived here in order to get filing done.

This site has been so great throughout this whole process!

Not shortly after here arrives. You have the full 90 days to get married, and then you can file for AOS even if it is passed the 90 days mark. For example: my wife arrived September 27th, we got married October 4th, but we did not file for AOS until January 19th. As long as you get married within the 90 day window you are fine.

[Ash.1101 1,755]

There is no time line for when you need to file AOS. Just do it as soon as possible.

My husband (then fiance) came in on Dec 6th, we married on Feb 20th, his 90th day in the country was March 4th. We planned on AOSing before March 4th, as we had everything, but I kept putting it off because I was busy with work. We filed April 7th for AOS.