How long to file AOS?

[BigRedCat 36]

(I have already done a search as this has been asked many times but wanted a current update.)

 

How long do I have to file AOS after K1? We were married within 90 days and she already has her SS card but I haven't put everything together for AOS yet. Its been 6 months since we were married. Am I ok to file AOS in a month or two? Life has just been hectic and I haven't had the time or money to put everything together to file - I'm also concerned because I started a business and its been up and down profit wise so not sure how to handle that as far as showing support income. Do they go on last years tax return not current income? 

 

 

[Roel 7,191]

Another question that pops up regularly..

 

There is NO DEADLINE for filing AOS.

You can file day after the wedding, you can file a year after a wedding.

 

As long as you understand that until you file, your wife is out of status and can be deported.

[Ben&Zian 4,397]

Yup, like above. As long as you married within the 90 days you fulfilled the K-1 requirement.

 

Technically you can wait years if you wanted to; but your spouse is out of status after the expiration of the I-94 (the 90 days given upon initial entry).

 

They are removeable by law. They cannot work legally or travel out of the country (would be denied re-entry). So best advice is to file for AOS as soon as possible.

[Crazy Cat 39,222]

I agree with @Roel and @Ben&Zian.   If AOS has not been filed within 90 days of arrival (expiration of I-94), the K-1 spouse will be out of status and technically subject to deportation.  Once AOS has been filed, the K-1 spouse will be in "authorized stay" status in the US.  The K-1 spouse cannot exit and re-enter the US until approved Advance Parole is in hand.

Edited June 13, 2018 by missileman

[BigRedCat 36]

Ok thanks guys! Just wanted to make sure if I wait a couple more months I will be ok. We travel within the US but don't plan to leave the country. 

[chi6488 93]

Just do it.  I filed for K1 and K2 3 weeks of arrival