psychobabbler1

I was wondering why some K-1 people don't file for AOS ASAP after getting married. It seems it would be in the best interests of the foreign spouse, esp. in some cases like the recent post by marriagefailing. I've read other posts before where people have said they hadn't filed AOS yet, despite being married for some time. For some reason, I thought that one had to get married *and* file for AOS before the 90 days on the K-1 expired (we filed one week after getting married, though it was about 11 months till we had the interview). Maybe I read something wrong or am not remembering things correctly? Why wouldn't you file immediately after getting married? I don't understand.

tinaflorida

I thought you had to do both within the 90-day period, too. My husband and I got married within 60 days so we could enjoy our honeymoon and still get everything covered when we returned home.

Like you, I would think that anyone in that position would want to get it done ASAP. I remember how long the wait seemed before I could actively go out and job hunt so I was glad we applied quickly. Staying at home alone all day got very old very fast.

jeffreyhy

psycho,

Some people are procrastinators, some people have their reasons that may or may not make sense to others. In any event, one is required to marry within the 90 day period after entry but is not required to apply for AOS within the 90 day period.

However, one does begin to run certain risks once the 90 day period has expired.

Regards, JEff

Noorah101

My fiance arrived on April 21st. We got married April 29th. We were waiting for my next paycheck in order to submit paperwork. My mom passed away 2 weeks later on May 13th and for a month I was too busy with family issues and arrangements to have the time to devote to AOS. That's why we didn't file until June 15th.

Time, money, family issues, document preparation time, are all reasons it may take some time to actually do the filing. I believe you don't start being considered out of status until past 180 days. But I do agree the sooner you file after marriage, the better!

Rene

jeffreyhy

Rene,

One is out of status the day after the date stamped on the I-94, if they haven't applied for adjustment.

The penalty of a ban on re-entry kicks in when one has accumulated 180 days out of status.

Regards, JEff

Noorah101

Ah, ok...thanks JEff!

Kajikit

psychobabbler1 had something important to tell us on Fri, 16 Jul 2004
20:57:23 +0000:

    >I was wondering why some K-1 people don't file for AOS ASAP after
    >getting married. It seems it would be in the best interests of the
    >foreign spouse, esp. in some cases like the recent post by
    >marriagefailing. I've read other posts before where people have said
    >they hadn't filed AOS yet, despite being married for some time. For
    >some reason, I thought that one had to get married *and* file for AOS
    >before the 90 days on the K-1 expired (we filed one week after getting
    >married, though it was about 11 months till we had the interview).
    >Maybe I read something wrong or am not remembering things correctly?
    >Why wouldn't you file immediately after getting married? I don't
    >understand.

I think the big one is money and coming up with the five-hundred-odd
dollars it takes to file for AOS, AP and a work permit... I know
somebody who's been married for a month and her K1 just ran out, but
she doesn't have the money to file for AOS yet - they have to save up
for it.

I plan to apply ASAP - probably the week after the wedding, because
the sooner you file the sooner you'll be processed and the less chance
there is of something unforseen going wrong back 'at home' before you
get that Advance Parole...

--
~Karen AKA Kajikit
Lover of shiny things...

Made as of 4th July 2004 - 89 cards, 56 SB pages (plus 3 small giftbooks), 59 decos & more!

Visit my webpage: http://www.kajikitscorner.com
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sibsie

$725 now for a complete AOS package!

Margaret

psychobabbler1 <member21586@british_expats.com> wrote in message news:<[email protected]>...
    > I was wondering why some K-1 people don't file for AOS ASAP after
    > getting married. It seems it would be in the best interests of the
    > foreign spouse, esp. in some cases like the recent post by
    > marriagefailing. I've read other posts before where people have said
    > they hadn't filed AOS yet, despite being married for some time. For
    > some reason, I thought that one had to get married *and* file for AOS
    > before the 90 days on the K-1 expired (we filed one week after getting
    > married, though it was about 11 months till we had the interview).
    > Maybe I read something wrong or am not remembering things correctly?
    > Why wouldn't you file immediately after getting married? I don't
    > understand.




For some people, it's lack of money. We filed ours within 2 months
after we married.

Exile

"sibsie" wrote:
    > $725 now for a complete AOS package!


Is there anywhere I can see a breakdown of that?
Because of the amount of information involved, I've been very blinkered in
my approach to this, just concentrating on one step at once.

AOS will soon be my next priority.


Cheers,

Andy

JohnCindy

We tried to file ours asap but it kept coming back for this or that. My hubby was tired of sitting home but the time was great for him to adjust to ways of life here so he did take advantage of that time

Cindy

utopiacowboy

And if the AOS results in the spouse ending up with a CR1 then you can add in another $200 for the removal of conditions later. For this kind of money, we are better off waiting for the I-130 approval and going back to Bogota for the IR1 next year.

katesuiter1

We got married on March 17th 2003, attempted to file a few days after, and was turned away as I didn't have a G325a for Corey, or his birth certificate. (Things the instructions didn't specify as being needed, also confirmed by two reps at the "helpline". )

We had to order more copies of his birth certs, and I waited a little bit over that as I couldn't get the time off before, and frankly, I was so p****d off with the USCIS woman who turned me away, I wanted to calm down a bit before I saw her again! We ended up filing just under a month after we married.

Kate. xxxxx

Bluegrass Lass

We file my husbands forms about 3 weeks after we got married. I wanted to file about a week after, but well, stuff happens. We knew we had the $$ (had been saving specifically for AOS), but it took time to get the documentation needed, get the forms filled out correctly, and then it came down to when could I take time off from work to drive us there - which was about a 90 minute drive from where we live.

But no, technically, there is nothing that states that you have to file AOS within those 90 days. The only stipulation of the visa is to get married within those 90 days. But waiting does only complicate matters, and for every day past those iniitial 90, you accrue 'out of status' days. I think if you reach 180 days, then you can incur the 3 yr ban, even if you go ahead and file for Advance Parole later on. And if you wait for a full year to file after the first 90 days, then you will have accrued 1 yr Out of Status, and could be subject to the 10 year ban, if you leave the US before having the Green Card in your hand.

hope this answers your q's a little bit.

Margaret

Even more when kids are involved.....




sibsie <member17406@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Kajikit
    > > I think the big one is
    > money and coming up with the five-hundred-odd dollars it takes to file
    > for AOS, AP and a work permit... I know
    > > somebody who's been married
    > for a month and her K1 just ran out, but she doesn't have the money to
    > file for AOS yet - they have to save up for it.
    > >
    > $725 now
    > for a complete AOS package!