Latest date to send AOS $$$$$

[Delete Me 0]

Hi,

My Fiancee arrived Sept 19, 2008 . We plan a Nov 19th wedding. Her I94 expires Dec 18th 2008. I know it's important to not be out of status. Do they have to receive the AOS paperwork by Dec 18 , 2008 Or does it have to be mailed by Dec 18th?

Thanks,

[spookyturtle 9,465]

You do not have to file before the I-94 expires. There are advantages to filing as soon as possible after marriage, ie, EAD, AP, not incurring time as an overstay, but no legal requirement to do so. Some people file immediatley, others wait months or even years to do so.

[Delete Me 0]

You do not have to file before the I-94 expires. There are advantages to filing as soon as possible after marriage, ie, EAD, AP, not incurring time as an overstay, but no legal requirement to do so. Some people file immediatley, others wait months or even years to do so.

What would be the difference if we sent it in 1 month late versus within the 90 days?

[spookyturtle 9,465]

You do not have to file before the I-94 expires. There are advantages to filing as soon as possible after marriage, ie, EAD, AP, not incurring time as an overstay, but no legal requirement to do so. Some people file immediatley, others wait months or even years to do so.

What would be the difference if we sent it in 1 month late versus within the 90 days?

The only difference would be getting employment authorization, advance parole for travel and green card one month later. Legally you have nothing to worry about by waiting a month.

[KimandRuss 0]

The 90 day expiration of the I-94 is only really there as a timeline in which you must marry. The AOS can be sent any time after you are married. She will be 'out of status' but there is no legal obligation to file for AOS within this timeframe. Some people wait years.

The only thing important to remember is that she can not work without EAD and can not travel without AP. So dont let her leave the Country or you'll need to start all over again.

good luck and congratulations.