Going out-of-status on a k-1 visa...

[firewalker 0]

ok , my fiance entered the US on July 7, 2007 on a K-1 visa. We got married July 27, 2007. Considering that the AOS goin up to a $1,000. Were going to apply for an EAD first to raise the money for the AOS. Considering that the K-1 visa is for 90 days, does that apply only to the marriage or for her visa status of stay in the US? I have read that after 90 days you are considered out of status. Chances are by the time we raised the money and file for the AOS we would be consider out of status, what bearing/effect does this have on filing the AOS and what we should do and what paperworks do we apply for?

I am an US citizen, my wife is a Filipina which we are now married as of yesterday (July 27, 2007).

[no name 1]

Under the new filing fees you pay $1010 and it covers EAD/AP/AOS.

Your profile says K3, you might want to change that.

Edited July 28, 2007 by devilette

[bostonparis 0]

I may be wrong, but I thought I read somewhere here that if you come on a K1 fiance visa, you cannot file for EAD first. Is that correct?

Found the link:

Link

Edited July 28, 2007 by bostonparis

[pj1959us 0]

I may be wrong, but I thought I read somewhere here that if you come on a K1 fiance visa, you cannot file for EAD first. Is that correct?

Technically you can (as a code a6) but with the processing times it does no good since it is dependent on the I-94 date. If it is received it is normally only valid for a few days so most people don't bother.

[Lona.C. 16]

ok , my fiance entered the US on July 7, 2007 on a K-1 visa. We got married July 27, 2007. Considering that the AOS goin up to a $1,000. Were going to apply for an EAD first to raise the money for the AOS. Considering that the K-1 visa is for 90 days, does that apply only to the marriage or for her visa status of stay in the US? I have read that after 90 days you are considered out of status. Chances are by the time we raised the money and file for the AOS we would be consider out of status, what bearing/effect does this have on filing the AOS and what we should do and what paperworks do we apply for?

I am an US citizen, my wife is a Filipina which we are now married as of yesterday (July 27, 2007).

I might be wrong , but heard the status is good from point of entry date = date of entry then 90 days

and just wondering , but why would you want to pay for ead first when you have to pay the full 1010 for AOS once you file for it , it will include the EAD and AP with the AOS

[LaL 418]

I may be wrong, but I thought I read somewhere here that if you come on a K1 fiance visa, you cannot file for EAD first. Is that correct?

Found the link:

Link

they came on a K3.

[bostonparis 0]

I may be wrong, but I thought I read somewhere here that if you come on a K1 fiance visa, you cannot file for EAD first. Is that correct?

Found the link:

Link

they came on a K3.

Oh. In the post, they said they came in on a K1.

ok , my fiance entered the US on July 7, 2007 on a K-1 visa. We got married July 27, 2007. Considering that the AOS goin up to a $1,000. Were going to apply for an EAD first to raise the money for the AOS. Considering that the K-1 visa is for 90 days, does that apply only to the marriage or for her visa status of stay in the US? I have read that after 90 days you are considered out of status. Chances are by the time we raised the money and file for the AOS we would be consider out of status, what bearing/effect does this have on filing the AOS and what we should do and what paperworks do we apply for?

I am an US citizen, my wife is a Filipina which we are now married as of yesterday (July 27, 2007).

Edited July 28, 2007 by bostonparis

[firewalker 0]

ok , sorry about that ....i fixed my profile ....i did have it as k-3 by default...we are k-1 holders.

also , the reason we were looking at getting a EAD is to raise to $ for the AOS , since it's its going up in price . ok ?

but , as i understand after marriage , there is no time limit for filing for the AOS . is this correct ?

Edited July 28, 2007 by firewalker

[Dan J 277]

You can apply for an EAD on a K-1 before you file for AOS, however, it will only be valid until the I-94 expires. Considering the processing time for an EAD is about 90 days, well, by the time you get it, it will be expired and you cant really use it.

A K-3 visa is different, since a K-3 is a multiple entry visa good for two years.

ok , sorry about that ....i fixed my profile ....i did have it as k-3 by default...we are k-1 holders.

also , the reason we were looking at getting a EAD is to raise to $ for the AOS , since it's its going up in price . ok ?

but , as i understand after marriage , there is no time limit for filing for the AOS . is this correct ?

Yes you can apply for AOS after the 90 days, I'm not sure what the time limit is though.

[Keisha 0]

ok , my fiance entered the US on July 7, 2007 on a K-1 visa. We got married July 27, 2007. Considering that the AOS goin up to a $1,000. Were going to apply for an EAD first to raise the money for the AOS. Considering that the K-1 visa is for 90 days, does that apply only to the marriage or for her visa status of stay in the US? I have read that after 90 days you are considered out of status. Chances are by the time we raised the money and file for the AOS we would be consider out of status, what bearing/effect does this have on filing the AOS and what we should do and what paperworks do we apply for?

I am an US citizen, my wife is a Filipina which we are now married as of yesterday (July 27, 2007).

90 days is for getting married. As far as I understand, you want to apply for her EAD first so that she could work and you would have enough money to apply for AOS. She can apply for EAD before AOS. I am not sure how long it takes to get it though. Find out how long it takes.

I read somewhere on the forum, that once you are married, she can file for AOS even after her I-94 expires and this won't have a negative effect on her AOS. The main thing you are married, congratulations by the way!!!

[Kathryn41 3,205]

Basically, in case it isn't clear in the above answers, you would be wasting your money to apply for an EAD before you apply for the AOS. The EAD would be based on the validity of the I-94 - which expires 90 days after entry. The EAD is taking at least 90 days to process so it wouldn't even be approved before it had expired. There is no time limit on when to apply for the AOS, although technically she is out of status from the time the I-94 expires until you apply to adjust her status. It hasn't been a problem for many who have delayed filing for AOS, however, it can be. You will want to file for AOS as soon as you can get the fee and documents together. Once she has filed, her status is again legal. Save your money from the EAD and apply it towards the AOS fee. Perhaps you know someone who can lend you the money to cover the fee then pay them back once your wife gets her EAD and is able to work?

Edited July 28, 2007 by Kathryn41

[firewalker 0]

thanks for the reply's ...i understand aloy better now . i know that by nov. i will be able to get the AOS filed. the reason i have a hard time right now is becouse i got a place for us and all the bills of getting everything for our home.( i was a roommate before ) . thank you (salamat po)