Holding off filing AOS from K-1 Fiance Visa question

[Pearl1973 1]

Hey everyone, hope you can help with my question:

Please see my timeline for reference.

Question: How long can I wait to file for AOS for my husband who came on a K-1 fiancé visa? We were married within 90 days of his arrival and his 1-94 expires in September. He has done some questionable things since moving here that has made me very concerned of his real intentions. Basically, I'm wondering if he is using me to get a green card. I am not sure what the answer it to that. I do not want to make any hasty decision for now. So I would like to wait it out and see what is really going on and try to get some more information or see if I can trust him again. We are getting counselling and hopefully it helps. How long can I hold off the AOS application before he is considered out of status and I can no longer adjust without some type of fine or him having to go back to his country? His visa was issued in June 2016. I know me not filing means he cannot work for a while but I would rather go with that option than be on the hook for the Affidavit of support when the guy is long gone. Also, how long are his medicals (done via K-1 petition) valid for? I would like to avoid paying another fee for medicals.

The guy has put me through a lot already and I am really afraid to file until I am really sure that he is here for me not for a green card.

Thank you so much for your time.

[Merrytooth 5,748]

As long as you married within the 90 days, you have fulfilled the K1 visa requirements.

There is no fix timeframe to file for AOS.

Medicals from K1 visa are valid for 1 year.

Once the I-94 expires, he is at risk of being deported for being out-of-status.

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Sometimes, you have to trust your gut feelings.

If he is up to not good, leave him.

As a K1 holder, he can only adjust status through the USC I-129F petitioner.

[Unlockable 7,315]

For your own benefit take as long as you need. You married within the 90 day timeframe.

There are cases where people started the AOS years after getting married.

You should not worry about paying for a new medical if need be. If you need the time to be sure about your marriage then paying a fee to redo the medical again will be small change compared to the risk of staying in a fraudulent marriage.

Edited August 18, 2016 by NuestraUnion

[Georgia16 2,858]

Sorry to hear that. Take as long as you need no hurry!

[Lee&Ana 88]

Get rid of him and send him home. I regret filing AOS for my wife. It was a waste of $1,070. If he is acting up now, picture how much ####### he can pull when he has a work permit and 2 year green card. If it starts out badly it will just get worse. When I was in your position, my thinking was, she is adjusting, when she works it will get better etc. That was not the case. If there is no "honeymoon" during the honeymoon phase, you have nothing but an expensive lesson like I have.

Pm me if you want to talk privately and compare notes

Edited August 18, 2016 by Lee&Ana

[Ash.1101 1,756]

Honestly, if you have that feeling when you should be in the honey moon phase of your relationship, then def keep going to counselling but you gut may be right.

Either way, you can hold off on AOS as long as you'd like. Just remember, the longer you wait, the more overstay he will accrue once his I-94 has expired. Some people wait years to do it, just make sure he doesn't commit any crimes or get caught per se by anyone who may notice that he's no longer in status.

Merrytooth has given all the right answers.


Again though, keep trying counselling, but it is helpful to note that no one really should be needing counselling a month or two into a marriage. Premarital maybe just to be sure, but not actual relationship counselling. I wish you the best and I hope it works out in what ever way is best for you and yours.

[Ebunoluwa 6,136]

Sorry to hear that, hope it works out for you but don't settle, raise the standard !

[Pearl1973 1]

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?

[Georgia16 2,858]

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?

He is blowing his own wife (you) on facebook and on the phone? :-O

[Pearl1973 1]

He is blowing his own wife (you) on facebook and on the phone? :-O

Yes...imagine that. He did not even want to post our wedding pictures.

[mrskent 11]

Yes...imagine that. He did not even want to post our wedding pictures.

Wow that is a HUGE flag alone to me! I would want someone to be happy to share such a joyous day! I mean all the struggles and hurdles we go through of living miles apart, only to get married to the love of our lives!

I had a similar situation but it was my boyfriend who I immigrated from the US to Canada, but once my gut told me something was up, and I couldn't see myself growing old with him - as hard as it was, I ended it and he got deported.

It was the BEST decision of my life, a couple years later, someone I was friends with through the art community - became my husband, he's my soulmate and the love of my life and I've never been happier. Please PM me on here to talk, you're not alone in this

[Mollie09 1,543]

Did you post a picture of that enormous red flag too?

[LionessDeon 2,060]

Thank you all for your responses....my sentiments exactly - we should be in our honeymoon phase. It really breaks my heart to have to do hold off the AOS process or even come on this forum and ask such questions after everything I went through during the K-1 process and the financial commitment I put towards the process and for him and for us and now I am questioning things or his intentions. How can someone come here and start blocking you on facebook and on his phone? what are you hiding?

Yes, girl, if you have any hesitations just wait it out a bit. Since my fiance's arrival in July he has given me his cell phone password and doesn't hide anything. Please look out for yourself. As you said you have already put alot of money, effort, and time into this process. Signing those AOS papers will put you on the hook for even more. Follow your instincts. You can resolve the AOS issue later if he changes his behavior. Sorry, this should be such a happy time. Good Luck!

Edited August 19, 2016 by LionessDeon

[Georgia16 2,858]

Yes...imagine that. He did not even want to post our wedding pictures.

So sorry to hear that! ... I know how happy you were to get him here

[Kastrs 723]

Yes...imagine that. He did not even want to post our wedding pictures.

That could be a cultural thing, I am not sure where your husband is from. I know my husband does not and will not post any pictures of me on his FB page, and I am not bothered by that at all. The blocking you and other behavior is abnormal.

I would definitely say trust your gut-it will not get better. I am sorry you are going through this.