K1 AOS, is there a time limit for application.

[mikefromNJ 5]

Hello. 

I'm the petitioner. My k1 fiance an i got married 25 days after entering USA. 

Is there a time limit on applying for AOS and I-485?

[HRQX 4,145]

13 minutes ago, mikefromNJ said:

Is there a time limit on applying for AOS and I-485?

USCIS doesn't have a time limit for AOS filing. But the K-1 only allows 90 days of status. It's risky to overstay:

 

A pending I-485 results in a period of stay authorized by the Secretary of Homeland Security. Thus, it's in the best interest of the immigrant to file for AOS ASAP.

[JFH 12,190]

The sooner you file, the sooner she will be a permanent resident. I’d also recommend applying for the EAD at the same time so that she can work.

 

Whilst there is no deadline per se, she will officially be in overstay if you don’t have a receipt for the AOS before her 90 days expire. That’s not as scary as it sounds since overstay is forgiven for spouses of USCs but surely the purpose of bringing her here was for her to build a life with you. Until you file AOS she is still in limbo status and cannot get on with starting to “live” here in the full

sense of the word. 

[Ed&Midori1031 330]

2 hours ago, mikefromNJ said:

Hello. 

I'm the petitioner. My k1 fiance an i got married 25 days after entering USA. 

Is there a time limit on applying for AOS and I-485?

There is no time limit, but the sooner the better.  Once the 90 days are up your new spouse is considered out of status. Some people apply right after marriage, and I've heard of stories where couple wait years.  My wife and I filed about 3 months after we married. 

[Ryan H 3,812]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

[DaveAndAnastasia 2,093]

Also note that delaying AOS to save money is not cost-effective in the long run; your spouse can't work legally until they get an EAD or green card, and they can't get that without applying for AOS.

And it doesn't take very long for any job, even a part-time, minimum-wage one, to earn more than the fees.

 

And while it may be tempting to delay applying until it seems likely you'll get approved after two years of marriage and so get a 10-year green card rather than having to bother with ROC down the line, consider

- All the issues with being out of status above

- The countdown until you can apply for citizenship starts when you get your first green card

- USCIS processing times are very unpredictable right now; your guess as to how long things will take could easily be wrong

 

Anyway, the tl, dr version is that the only good reasons to delay applying to adjust status after arriving on a K-1 and getting married are

1) If you're unsure if want to stay in the US beyond the 90-day stay granted by the K-1.

2) If you haven't been able to gather the required documents for AOS yet (note: this is only a good reason for things that are actually explicitly required to file like a copy of your marriage certificate; if it's things you can submit later or bring to your interview, go ahead and file without them).