Adjustment of Status

[Ryan]

Today I found out that it is not required to have the adjustment of status filed before the 90 day deadline of my wifes visa.  The only requirement is that we get married in 90 days.  Maybe I am mistaken but it was always my assumption that I had to file for the adjustment before the 90 days.  I mean I have read on this site that it was so important to get the marriage license so quickly. But why?  You have like an unlimited amout of time to file the adjustment of status.. Maybe not unlimited but longer than just 90 days.  Even if my wifes visa expires she is still safe... As long as I file the adjustment of status..  Sort of Strange..

I found this information out by calling Immigration I calld two times just to make sure.  

The funny part was when I asked how long do I have to file the adjustment of status and they didn't realy tell me they just said you can begin the process once you receive you marriage license.  I said a year?  No answer just you can begin the process once you receive your marriage license.  It's sort of strange.

Anyway this all came about because she is still getting all her vaccinations and you cannot take all of them at a time you have to get these spread out over a month etc.  We will be finished before the 90 days but it is close this is why I called and asked.

I am still going to file before the 90 days just because we need to get the adjustment of status so that she can start work etc.  

If you get the adjustment of status you do not have to have the work permit.  It saves you $150 in application fees for the work permit... Not that I am that strapped for money it's just that why pay more when you don't really have to.....
Ryan
Living the greatest life here in West Palm Beach

[JohnG]

... in response to Adjustment of Status, posted by Ryan on Apr 2, 2005

Ryan,

Good to hear you are happy. It will be tough at times, especially if she doesn't speak good English and doesn't drive, but stick with it and it's well worth it. Been married now over 3 years and I couldn't be happier about the way it's worked out.

Living in WPB, you don't have to deal with Miami, which is a great advantage as it's a zoo down there. My advice about filing: do it as soon as you are able to and be vigilant about follow-ups. Also make backup copies of everything as it's not unusual for INS to lose everything.

John
Ft. Lauderdale

[KenC]

... in response to Adjustment of Status, posted by Ryan on Apr 2, 2005

Ryan,
Should your bride fall "out of status" as APK1 says below, she will not be allowed to re-enter the country should she leave on an Advanced Parole prior to getting her green card.
KenC
(Nice to hear you are happy)

[Apk1]

... in response to Adjustment of Status, posted by Ryan on Apr 2, 2005

You are partly correct...
 I have stated this before that you are not required to file for AOS within the the initial 90 day fiancé visa term. There will be a 180 day window before you are out of status....and if you file for AOS after the 180 day period there will be an additional fee along with the normal AOS fees.
 As far as not asking for the work permit....it is also not a problem but you have to remember that your AOS interview date is probably a 9 - 12 month wait, and the first green card will not arrive for 3 months after that.
 So unless your bride is not going to need a SSN card or a drivers license the first year after marriage, do not bother with the work permit.
Be smart about this, get the SSN first...

[Bobby Orr]

... in response to Re: Adjustment of Status, posted by Apk1 on Apr 3, 2005

My region is running 2 1/2 years for AOS (New York City region) - 7/10 legal immigrants reside in the greater NYC area.

[Ryan]

... in response to Re: Adjustment of Status, posted by Apk1 on Apr 3, 2005

Thank you for the info..  She has the SSN it is for work only we went and got that the first week she arrived.  I guess we will go ahead and get the work permit it's a good idea.  The SSN is in her old name so we will reapply it get it in her new last name.  

Thanks again,
Ryan