When to file for AOS? Curious

[Danny70 11]

Hi,

 

My wife came here two months ago. In that time we've gotten married, she just got her social security card, we got an apartment under both of our names, she's on my health/ dental insurance plan from work and later today I'm putting her on my bank accounts.  

 

I'm trying to get as much evidence in place for our AOS. The K1's 90 days is up in a month. Do we have to file for AOS by then or can we file in later this summer?

[K1visaHopeful 2,655]

20 minutes ago, Danny70 said:

Hi,

 

My wife came here two months ago. In that time we've gotten married, she just got her social security card, we got an apartment under both of our names, she's on my health/ dental insurance plan from work and later today I'm putting her on my bank accounts.  

 

I'm trying to get as much evidence in place for our AOS. The K1's 90 days is up in a month. Do we have to file for AOS by then or can we file in later this summer?

As soon as her I94 expires, she will become out of status. That means that at the worst and very rarely to occur, she could be picked up and brought before an immigration judge and be forced to apply for AOS immediately or face removal proceedings. 

You dont have to file within the 90 days but you should try to file as soon as possible as it takes a very long time and she will not be able to work, drive (in most states) or leave and return to the US until she is either approved for her EAD and AP or her GC (whichever comes first).

EAD/AP is taking 5 to 7 months right now so that is the earliest she will be able to do any of those things above once you file. GC can take months or years. If you dont file, she cant do any of that. Would you want to be deprived of those things if you were her?

Edited April 22, 2019 by K1visaHopeful

[Crazy Cat 39,193]

There are no benefits to filing later......

[payxibka 10,044]

1 hour ago, Danny70 said:

Hi,

 

My wife came here two months ago. In that time we've gotten married, she just got her social security card, we got an apartment under both of our names, she's on my health/ dental insurance plan from work and later today I'm putting her on my bank accounts.  

 

I'm trying to get as much evidence in place for our AOS. The K1's 90 days is up in a month. Do we have to file for AOS by then or can we file in later this summer?

The evidence requirement for the i485 isn't that onerous.   What you are doing is more akin to what is needed in two years 

[K1visaHopeful 2,655]

1 minute ago, payxibka said:

The evidence requirement for the i485 isn't that onerous.   What you are doing is more akin to what is needed in two years 

Exactly. All you need for evidence now is your Marriage Certificate. Everything else is brought to the interview so you'll have plenty of time to collect proof of bonafide marriage.

[DaveAndAnastasia 2,078]

You should file as soon as you have all the documents necessary to file (and you don't need any evidence beyond the marriage certificate to file); there's zero benefit to waiting.

 

Also note that you can pay USCIS lockbox fees via credit card, and paying credit card interest for a month or two is less bad than delaying your new spouse's ability to work and drive (in most states, anyway) for a month or two.

[Danny70 11]

Oh, we were under the impression we needed as much evidence as we needed right now. We'll get it done this week then and send it in. 

 

Should we send in any of our evidence besides our marriage certificate? 

[K1visaHopeful 2,655]

34 minutes ago, Danny70 said:

 

 

Should we send in any of our evidence besides our marriage certificate? 

You can but it's not needed and you will just have to bring it all over again to the interview.

The I485 form is not adjudicated (approved or denied) before the interview and you cannot get an RFE for not sending marriage evidence (other than photocopies of you MC with each form) as marriage evidence is not a requirement with the initial application.

[Peot 128]

Another thing to consider is that your K1 medical exam comes with an expiry. If you don't want to have to re-take the medical for your AOS, file sooner than later. 
 

1 hour ago, Danny70 said:

Oh, we were under the impression we needed as much evidence as we needed right now. We'll get it done this week then and send it in. 

 

Should we send in any of our evidence besides our marriage certificate? 

Please, please, please read the instructions for filing AOS. It will let you know what evidence is required. If it doesn't ask for it, you don't need to provide it. At the AOS interview you should bring all previously submitted evidence as well as follow their instructions that they will provide you.