Timing of AOS filing

[AmandaandChayne 734]

Sorry I’m sure this has been covered somewhere but my head hurts and confused this morning. Do we need to have filed for AOS within the 90 days after married? 

[Alabamak1 688]

it's not required, but you prevent being out of status and put yourself on the line to get your GC sooner as well as EAD/AP. 

[Boiler 43,430]

90 days after you arrive.

[aleful 1,905]

hi

 

no, it is not required. you can do it if you want to, but there is no obligation.

 

the requirement is to marry within 90 days, but you can file the adjustment of status after that, there is no time limit for that

 

 

[Jeanne Adil 1,651]

So,  if a person does not AOS, are they out of status 

and since they have no green card,  are they illegal?

we didn't have to do this so i am just curious

[Boiler 43,430]

Just now, adil-rafa said:

So,  if a person does not AOS, are they out of status 

and since they have no green card,  are they illegal?

we didn't have to do this so i am just curious

After 90 days if they have not filed to adjust they are out of status and deportable.

[Jeanne Adil 1,651]

Just now, Boiler said:

After 90 days if they have not filed to adjust they are out of status and deportable.

ouch

[Boiler 43,430]

4 minutes ago, adil-rafa said:

ouch

Like any other non immigrant visa, but no need to go there. I am a firm believer in keep it simple.

[Jeanne Adil 1,651]

Just now, Boiler said:

Like any other non immigrant visa, but no need to go there. I am a firm believer in keep it simple.

just surprises me that some don't get it done right away because it is so costly

read that on here many times

more reason to do the CR1 and not have to come up with $1225 so quickly after coming here

[Alabamak1 688]

4 minutes ago, adil-rafa said:

just surprises me that some don't get it done right away because it is so costly

read that on here many times

more reason to do the CR1 and not have to come up with $1225 so quickly after coming here

 back a few years, K-1 didn't take 7 months like did ours. and there may be a numbers of reasons, not to marry first and then think about it later how to fix it.

 

I give you our response to that:  We wanted to be together as soon as possible and we didn't want to be stuck on a marriage with long distance if we didn't get approved for her visa. although the current $1225 was a concern and future months of not working is also a big issue...we managed it so far w/o my wife not working

[Boiler 43,430]

If you are short of cash and have done the K1 for whatever reason what do you need asap - EAD.

 

Pretty easy to get a job around here for $2 an hour, how much are you missing out delaying it?

 

[Boiler 43,430]

1 minute ago, Alabamak1 said:

 back a few years, K-1 didn't take 7 months like did ours. and there may be a numbers of reasons, not to marry first and then think about it later how to fix it.

 

I give you our response to that:  We wanted to be together as soon as possible and we didn't want to be stuck on a marriage with long distance if we didn't get approved for her visa. although the current $1225 was a concern and future months of not working is also a big issue...we managed it so far w/o my wife not working

My K1 was over a year, time lines vary and it used to be a lot longer, EAD was quicker back then.

[Alabamak1 688]

2 minutes ago, Boiler said:

My K1 was over a year, time lines vary and it used to be a lot longer, EAD was quicker back then.

i dont recall the VJ member who literally got I-129F all the way to conditional GC in 7 months. It does happen, unless she/he was lying in her timeline 

[Boiler 43,430]

I tend to ignore the outliers, who knows what happened, but there are general trends over the years, my year plus K1 was withing the norms of the time, as was a 60 day maybe less EAD.

[Alabamak1 688]

we dont physically have our EAD/AP combo card, but it is in production. from I-129F to EAD has taken us around 444 days