AOS ....

[Muddy]

After marriage(k1 visa) what is the deadline to file for AOS? time limit?

Can we travel out of the country after we file for AOS?
What documents she must have for returning to the US?

Thank you

[Jet]

After marriage(k1 visa) what is the deadline to file for AOS? time limit?

This was recently discussed at length, but I can't recall where, exactly. USCIS suggests that you file as soon as possible after marriage, but there is no set deadline date provided for, in the law (I think Ronnie said he and his wife waited 2 years w/o a problem). Sooner is better than later, unless you have some specific circumstance that dictates you wait.

Can we travel out of the country after we file for AOS?
What documents she must have for returning to the US?

When you file for AoS you can concurrently file an I-131 with your I-485 to apply for an Advance Parole travel document. It is good for multiple entries over the course of one calender year, costs $305, and requires an additional passport photo. It usually takes two to three months to process. Expect that there will be delays of 1 to 3 hours at the airport each time she returns to the US as most immigration officers have no friggin' idea what this document is, so it usually requires the intervention of a supervisor.

[ConnerVT]

Methinks Jet is typing before his Sunday morning coffee...

Even if the law doesn't give a timetable, it certainly is best to file for AOS as soon as you have the officially certified marriage license in hand.  Your wife's only "proof" of legal status in the US will be the letter she gets stating that they received the AOS application.  At least, until other documents (EAD) start coming in.

I also believe, under the new procedures, that the AOS application has bundled AOS, EAD (Employment Authorization Document) and AP (Advanced Parole) together as one application, one fee.

[Gator]

Muddy,

I now understand the derivation of your name.  I believe that Blues Fairy told you about Visa Journey in another of your immigration threads.  If you spent 10 minutes there, you would find:

http://www.visajourney.com/faq/k1k2visa-aos.html

Please note that the first FAQ reads, "How soon after we get married should we apply for Adjustment of Status?" with the following answer:
 
"Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94."


Study the boatload of info at Visa Journey, and come here with the real "muddy" issues.

Regarding your three questions today,

After marriage(k1 visa) what is the deadline to file for AOS? time limit?

The longer you wait, the more credence it would add to your wife's possible DV charge.

Can we travel out of the country after we file for AOS?

Yes

What documents she must have for returning to the US?

Advanced Parole Document obtained by filing an I-131 well before she plans to leave.......or a K-3 visa obtained by returning to her native country, filing an I-130, and waiting about 9 months.

[Jet]

Methinks Jet is typing before his Sunday morning coffee...

Even if the law doesn't give a timetable, it certainly is best to file for AOS as soon as you have the officially certified marriage license in hand.  Your wife's only "proof" of legal status in the US will be the letter she gets stating that they received the AOS application.  At least, until other documents (EAD) start coming in.

Actually I was waiting on the coffee to get done  but that's besides the point as the info is correct 
(and hey...didn't I say "Sooner is better than later, unless you have some specific circumstance that dictates you wait."?)

I also believe, under the new procedures, that the AOS application has bundled AOS, EAD (Employment Authorization Document) and AP (Advanced Parole) together as one application, one fee.

You are correct about the EAD being bundled, but not about Advance Parole...
From USCIS:
Application for Employment Authorization
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

The I-131 Application for travel document has no special instructions or waiver of fees. $305 a year, check or money order.

[Blues Fairy]

You are correct about the EAD being bundled, but not about Advance Parole...
The I-131 Application for travel document has no special instructions or waiver of fees. $305 a year, check or money order.

Jet, you are giving incorrect information. 

Read form I-131, page 8:

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

[Gator]

Consistent with Blues Fairy, Form I-485 Instructions (Rev. 05/27/08) state on Page 7:

Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently.

The reason I know is that I recently submitted all three applications and paid my $1010 (plus $1200 for two children).  IIRC, Jet submitted his I-485 over 5 years ago and had to file multiple I-131 applications during his 5-year wait for approval of I-485.

[Jet]

Jet, you are giving incorrect information. 

Read form I-131, page 8:

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

Well, I'll be dipped! they slipped an update past me:

Form I-131 Instructions (Rev. 05/27/08)Y Page 9

It has been almost 2 months since I filled one of these out and it is NOT mentioned in the special instructions for the form here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
or in the latest revision of the fee schedule, here: http://www.uscis.gov/files/nativedocuments/G-1055.pdf
or the form updates, here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0f2cec20cfbd4110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD
or on the Immigration Forms page, here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

All of which note the I-765 inclusion

So I indeed stand corrected on the initial fee.

[Gator]

Jet,

I don't know anything about the fees for past submissions, but maybe the fees have been increased so much that the government feels greedy about asking for more money after having already received $1010.  No, correct that, our government would never feel greedy about taking money from immigrants.

What got me was the additional $1200 for children.  Why that amount?  There is no additional costs for processing little kids.

[OlgaH]

Form I-131 Instructions (Rev. 05/27/08)Y Page 9

Well, I'll be dipped! they slipped an update past me:It has been almost 2 months since I filled one of these out and it is NOT mentioned in the special instructions for the form here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Immigration Forms
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Application for Travel Document
Form I-131 Instructions (Rev. 05/27/08)Y Page 8

NOTE: If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file the I-131 for Advance Parole or for a Refugee Travel Document concurrently with your I-485, or you may submit the I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for advance parole or a refugee travel document separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence that you filed and paid the fee for the Form I-485 required on or after July 30, 2007.

[Ronnie]

After marriage(k1 visa) what is the deadline to file for AOS? time limit?

All recommendations/suggestions/advice aside.. There is no deadline.

Another point of fact (nothing more) is that if your marriage has crossed the two-year mark when her AOS is adjudicated, your wife will receive a 10-year greencard thus avoiding restrictions and the cost of removing same.

[AnastassiaAsh]

I thought you have to be legally married and file AOS within 90 days of her arrival - that's a deadline! Isn't it?

[Ronnie]

I thought you have to be legally married and file AOS within 90 days of her arrival - that's a deadline! Isn't it?

It would be indeed...if there were any truth to it.  This myth comes from misconnecting dots.  The first dot is that an alien is generally considered to be out of status when their period of authorized admission runs out.. In the case of K-1/2 that's the 90 days.  The second dot is that alien cannot be out of status when they file for adjustment.

However, what gets mixed up with K-1s is that general rules often don't  apply.  She is not legally out of status after 90 days unless she doesn't marry the petitioner during that time.  If she does she is lawfully present but the law doesn't provide a way for her to show it. 

The other dot about not being able adjust if your period of lawful admission runs out before you apply, is not applicable to K1/2 provided they married within the 90 days.

If there is contrary information on VJ, you should see about getting them to correct that.