AOS filing timing?

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Old Jan 9th 2004, 4:04 pm
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Default AOS filing timing?

I have a question I can't find an answer to.

I'm here on a K1. I entered the US Nov. 12, 2003. My I-94 marks the 90 day point for my use of the K1 - Feb. 10. (Apparently, Christmas Day and New Year's Day do not count in the 90 day count... I didn't know this!)

We are getting married January 30th.

As I understand, so long as the *marriage* has taken place before the "deadline" (Feb. 10 in our case), you can wait a little before filing the AOS. I know of someone who waited months, and has just recently passed the interview with flying colours.

What's the straight dope on this, though? I mean, we intend to file as soon as we can after the wedding. Finances may keep us a little tight for a week or two, though, so we want to know what kind of leeway we have.

Thanks a bunch.

E.
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Old Jan 9th 2004, 4:31 pm
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Default Re: AOS filing timing?

Ellen,

Originally posted by Elenfair
I have a question I can't find an answer to.

I'm here on a K1. I entered the US Nov. 12, 2003. My I-94 marks the 90 day point for my use of the K1 - Feb. 10. (Apparently, Christmas Day and New Year's Day do not count in the 90 day count... I didn't know this!)
How do you figure that the holidays don't count? 10 February comes 90 days after 12 November. Get out your calendar and count'em off, and include the holidays.

Originally posted by Elenfair
We are getting married January 30th.

As I understand, so long as the *marriage* has taken place before the "deadline" (Feb. 10 in our case), you can wait a little before filing the AOS. I know of someone who waited months, and has just recently passed the interview with flying colours.

What's the straight dope on this, though? I mean, we intend to file as soon as we can after the wedding. Finances may keep us a little tight for a week or two, though, so we want to know what kind of leeway we have.
If you don't file for AOS until more than 180 days after 10 February, don't leave the country until after your AOS has been approved - even if you do have Advance Parole.

Regards, JEff
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Old Jan 9th 2004, 7:42 pm
  #3  
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Default Re: AOS filing timing?

Originally posted by jeffreyhy

How do you figure that the holidays don't count? 10 February comes 90 days after 12 November. Get out your calendar and count'em off, and include the holidays.
I guess I can't count Hee. Stranger things have happened

If you don't file for AOS until more than 180 days after 10 February, don't leave the country until after your AOS has been approved - even if you do have Advance Parole.
Yeah, I don't expect we'd "delay" more than a couple of weeks anyway, if at all. I was just mainly curious.

E
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