Is it OK to delay sending AOS?

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

No there's no 'legal' time limit.

USCIS doesn't put a time limit on negligence. If someone wants to stay in this country past their visa expiration dates, or I94W or I94 dates, the government isn't going to stop them

Because the government reserves the right to deport them later if they so choose.

As long as you're anything but a US citizen the government reserves the right to deport you.

[Cécy 44]

You are out of status, but your at not here illegaly, and that's the big difference, at least that's how I understand it (Even if you still right your status as a K1 visa holder in the papers).

There is no interest in waiting too long to apply anyway. Without an AOS application you have no right, can't work, can't travel outside of the country.

So unless you have a rich husband/wife who can support you...

[rebeccajo 14]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

No there's no 'legal' time limit.

USCIS doesn't put a time limit on negligence. If someone wants to stay in this country past their visa expiration dates, or I94W or I94 dates, the government isn't going to stop them

Because the government reserves the right to deport them later if they so choose.

As long as you're anything but a US citizen the government reserves the right to deport you.

And your point is....what?

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

No there's no 'legal' time limit.

USCIS doesn't put a time limit on negligence. If someone wants to stay in this country past their visa expiration dates, or I94W or I94 dates, the government isn't going to stop them

Because the government reserves the right to deport them later if they so choose.

As long as you're anything but a US citizen the government reserves the right to deport you.

And your point is....what?

You know something, Go straight to hell. I'm so sick of you select few sarcastic idiots that roam this website. I'm trying to help people with whatever knowledge I have in a polite and respectful way. Give it a rest!!!!!!!!!!!!!!!!!!!!!!

[Cassie 8]

And your point is....what?

You know something, Go straight to hell. I'm so sick of you select few sarcastic idiots that roam this website. I'm trying to help people with whatever knowledge I have in a polite and respectful way. Give it a rest!!!!!!!!!!!!!!!!!!!!!!

It's a fair question. How about answering it?

[soulprovider915 4]

And your point is....what?

You know something, Go straight to hell. I'm so sick of you select few sarcastic idiots that roam this website. I'm trying to help people with whatever knowledge I have in a polite and respectful way. Give it a rest!!!!!!!!!!!!!!!!!!!!!!

It's a fair question. How about answering it?

Great another one... Immigration can deport you if you are not a US citizen. Obviously you have to do something bad after you become a permanent resident to get deported, but they still have the power. Now what was so hard about understanding that? Stop making something out of my statement that it's not. Whatever you may think that is. Is that a fair answer?

Edited May 15, 2008 by soulprovider915

[William33 110]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

No there's no 'legal' time limit.

USCIS doesn't put a time limit on negligence. If someone wants to stay in this country past their visa expiration dates, or I94W or I94 dates, the government isn't going to stop them

Because the government reserves the right to deport them later if they so choose.

As long as you're anything but a US citizen the government reserves the right to deport you.

And your point is....what?

You know something, Go straight to hell. I'm so sick of you select few sarcastic idiots that roam this website. I'm trying to help people with whatever knowledge I have in a polite and respectful way. Give it a rest!!!!!!!!!!!!!!!!!!!!!!

First off, personal attacks are not tolerated on VJ. First warning.

To answer the apparent question, if you marry on a K-1 visa within the 90 days, as required, you are in status. As others have stated, you cannot make any other movements; in terms of jobs, SS number (unless you already got one in the prescribed K-1 timeframe), leaving the US and so forth.

If you meet the 90 day marriage requirement and fail to file AOS, you are in limbo, but still legally here in the US.

Any other thoughts (as evidenced here), are just pure conjecture.

Advice: get the AOS done ASAP.