How long do you have to file for AOS once married?

After the fiancé visa process, couples are ready for immigration to be kind of in the rear-view mirror. Couples are excited about wedding planning and although it’s not fair to say they forget about the immigration case, it’s not top of mind when they’re getting acclimated to being together and starting their lives together. It is, however, very important that they try to get their adjustment of status application filed in that 90 days.

When an individual enters the United States on their fiance visa, they have 90 days to get married and then they should be filing their adjustment application in that that time period as well. Technically once those 90 days are up and they are in the United States, they don’t have status and it’s not a good position to be in.

That doesn’t necessarily mean that’s going to negatively impact their case. For strategic reasons some of our clients, we have to end up filing outside of the 90-day window, especially at the beginning of the year because of tax time and things like that. If there are documents or things that they have to finalize or have to get taken care of, or if they are getting married closer to that the end of that 90-day mark, it might not be possible to get their adjustment application filed in 90 days.

The best practice is yes, file the application in that 90-day window but if they can’t, it’s not the end of the world. They just need to make sure they file it as soon as they possibly can so that they know they have their application lodged and are basically in the queue to receive their lawful status

We understand that the immigration process can be complex, especially when it’s intertwined with your marriage plans. Our goal is to provide couples with the resources and guidance they need to navigate this journey seamlessly. Visit our free resource center for a wealth of guides, downloadable charts, and free webinars.

Whether you’re just beginning or well into your immigration journey, we’re here to offer support every step of the way.

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