I think i may have screwed up

[Jaccerz 1]

So, got married to my partner in July, based on my k1 visa. Took months to get marriage certificate from County. Infact, got the certificate AFTER priority date, im still within my 180 days of incuring unlawful presence however, we are filling AOS this week, just finalising paperwork, since we married within the 90 days and im in America, are we doing this the correct way of filling AOS or is there something else we have to do? 

[MJ&YY 124]

6 minutes ago, Jaccerz said:

So, got married to my partner in July, based on my k1 visa. Took months to get marriage certificate from County. Infact, got the certificate AFTER priority date, im still within my 180 days of incuring unlawful presence however, we are filling AOS this week, just finalising paperwork, since we married within the 90 days and im in America, are we doing this the correct way of filling AOS or is there something else we have to do? 

You can file AOS at any time once you have all the documents. The sooner, the better, for obvious reasons.  There’s nothing additional you have to file. The standard AOS package of docs is sufficient. 
 

You might be asking whether you need to also file an I-130. The answer is no. If you had gotten married after the 90 days was up, then the answer would have been yes. 

[Jaccerz 1]

Just now, MJ&YY said:

You can file AOS at any time once you have all the documents. The sooner, the better, for obvious reasons.  There’s nothing additional you have to file. The standard AOS package of docs is sufficient. 
 

You might be asking whether you need to also file an I-130. The answer is no. If you had gotten married after the 90 days was up, then the answer would have been yes. 

ok thank you!

also, do you know, is the advance parole for travel, only for inbetween the time of filing and approval? or does it also cover the conditional 2 years?

[Dashinka 23,274]

I agree with @MJ&YY.  As long as you were married within the 90 day window of the K1 entry, you are fine.  There are no deadlines for filing the AOS, but yes, it is always good to file it as soon as possible once you have all the required documents.

 

Good Luck!

[powerpuff 5,914]

3 minutes ago, Jaccerz said:

ok thank you!

also, do you know, is the advance parole for travel, only for inbetween the time of filing and approval? or does it also cover the conditional 2 years?

Once your GC is issued, AP is void. 

[Dashinka 23,274]

1 minute ago, Jaccerz said:

ok thank you!

also, do you know, is the advance parole for travel, only for inbetween the time of filing and approval? or does it also cover the conditional 2 years?

The AP will only be needed until the AOS is approved and the GC issued.  Once the GC is issued (2 yr or 10 yr), the EAD or AP card will no longer be needed, but do not get rid of them, if you end up naturalizing at some point in the future, you should turn them into USCIS at that time.

[Jaccerz 1]

okay thanks! The reason i was asking about AP is because I have no intention of going anywhere in the next 2 years anyways.  so i wasnt going to bother filing for AP if i dont need to. 

[MJ&YY 124]

3 minutes ago, Jaccerz said:

okay thanks! The reason i was asking about AP is because I have no intention of going anywhere in the next 2 years anyways.  so i wasnt going to bother filing for AP if i dont need to. 

Go ahead and file it + ead. There’s no additional cost so why not have it? EAD and AP will still take 8+ months to get. It’s not a complicated form. 

[Dashinka 23,274]

Not to mention you never know when an emergency may pop up. With the timelines for getting a GC, better to have it and not need it than to need it and not have it.

[Just Paul 4,591]

Grab a copy of the NOA from the I-485 and file the EAD and AP for free.   I help out at an immigration clinic and weekly there are at least two that come in with an "emergency travel need" or "got a great job offer" and need one of those.   Free Free Free - words you rarely hear in immigration.