How long do you have to file for adjustment of status after you're married?

[Lynxwarden 28]

Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off  

 

But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there.

 

I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!

[yuna628 9,528]

1 minute ago, Lynxwarden said:

Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off  

 

But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there.

 

I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!

There is no set timeframe to file for AOS. However, keep in mind, it is generally prudent to file for it before your 90 days is up. It's not a requirement, but just remember though, that if you delay significantly, you will eventually be out of status. The NOA1 from the AOS will protect your status, giving you further authorized stay until the petition is complete.

[payxibka 10,044]

3 minutes ago, Lynxwarden said:

Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off  

 

But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there.

 

I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!

Ideally before the 90 days ad indicated on the I94

[Lynxwarden 28]

7 minutes ago, payxibka said:

Ideally before the 90 days ad indicated on the I94

So the 90 days not only indicates how long you have to be married, but also how long you have to file for AOS? Is that right?

[payxibka 10,044]

1 minute ago, Lynxwarden said:

So the 90 days not only indicates how long you have to be married, but also how long you have to file for AOS? Is that right?

In the strictest sense, Yes

[Boiler 43,426]

After 90 days you are out of status and subject to arrest and deportation.

[JFH 12,189]

People have waited years before filing AOS, for various reasons.

 

You are out of status once your 90 days are up, unless you have the NOA1 from the AOS filing. Also, don't you want to work and travel? You can only do that by filing for AOS or the EAD/AP (which are best filed with AOS to save processing fees).

[Pitaya 2,576]

As many others have said, there is no real defined time frame to start AOS. However, the sooner you get started the sooner she can work, travel, drive, etc. Her activities will be limited until some of the AOS/EAD/AP work is filed and accepted. When her I-94 expires, she is potentially at the mercy of the CBP and possible detention issues. Unknown where you live, one of the VJ mods live in Texas, and has a pinned thread in the Working/Traveling during US Immigration forum, speaking about roving CBP checkpoints near the southern border and at airports. https://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/ If her documents are expired, or not in order, it could make for some real legal issues. Get the AOS ball rolling, as with most every timeline associated with USCIS, wait times are becoming quite protracted. Wait times for AOS adjudication is hovering at a year or more (check out some recent postings in the K1/K3 AOS Process forum), EAD/AP adjudication was recently changed to 6.5 to 8.5 months. https://www.visajourney.com/forums/topic/708136-psa-nbc-ead-i-765-processing-times-updated-to-65-85-months/   Get the AOS/EAD/AP paperwork concurrently filed ASAP.

 

Some useful AOS links:

https://www.visajourney.com/content/k1k3aos/

https://www.uscis.gov/i-485

 

This entire immigration process is not the faint of heart, nor light of wallet.

Good luck on your immigration journey.

[Crazy Cat 39,213]

15 minutes ago, Lynxwarden said:

So the 90 days not only indicates how long you have to be married, but also how long you have to file for AOS? Is that right?

There is a very recent case here on VJ where the poster failed to file before the expiration of the I-94.  She was a passenger in a vehicle which was stopped by police.  As a result, she spent 5 weeks in jail.......

There are no benefits in waiting to file...none at all.

[Crazy Cat 39,213]

30 minutes ago, yuna628 said:

There is no set timeframe to file for AOS. However, keep in mind, it is generally prudent to file for it before your 90 days is up. It's not a requirement, but just remember though, that if you delay significantly, you will eventually be out of status. The NOA1 from the AOS will protect your status, giving you further authorized stay until the petition is complete.

It's a requirement if a person wants to avoid being out of status and subject to jail.....

Edited May 29, 2019 by missileman

[yuna628 9,528]

39 minutes ago, missileman said:

It's a requirement if a person wants to avoid being out of status and subject to jail.....

Sure. But these days it seems like some enjoy rolling that dice.

[Crazy Cat 39,213]

Just now, yuna628 said:

Sure. But these days it seems like some enjoy rolling that dice.

That's true........😄   I just don't see any benefits in delaying filing for AOS.......

[DaveAndAnastasia 2,078]

39 minutes ago, missileman said:

That's true........😄   I just don't see any benefits in delaying filing for AOS.......

Yeah; if you're having financial problems, well, the sooner your spouse can legally work, the sooner they can help your new family out there ...

[Pitaya 2,576]

40 minutes ago, missileman said:

That's true........😄   I just don't see any benefits in delaying filing for AOS.......

Agree   We filed our AOS/EAD/AP for wife and stepson about 2 weeks after their POE.

[JFH 12,189]

3 hours ago, DaveAndAnastasia said:

Yeah; if you're having financial problems, well, the sooner your spouse can legally work, the sooner they can help your new family out there ...

Which is why the cost of AOS should be factored into the initial budget of the visa. If I had a dollar for every post I’ve read on here where the poster can’t afford/didn’t prepare for the cost of AOS....I’d retire tomorrow.