Got married on the 90th day and have yet to work on AOS

[kc456 0]

Hi. I arrived last January 29, 2006 on a K-1 and my fiance and I got married April 29, 2006. That's actually 91 days after my arrival! I have not been able to put together my AOS packet yet although I have been reading up on it and preparing the forms.

A few questions I hope someone who knows can answer:

We used my husband's address in Arizona in the K-1 application. We will be relocating to Washington, DC within a week but have yet to find a place to stay there. With no address yet, can we use my parents-in-laws address in Chicago? (My husband lived in Chicago before moving to Arizona and his dad is my co-sponsor since my husband has not been earning the last two years, having gone back to school.)

If not having an address yet makes my AOS application too complicated, can I just wait for a couple of weeks before sending in my AOS packet or will I get into trouble for not filing it within the 90 days? We should be able to find an apartment in the next two weeks so I will be able to give a current address but for now we are in transition.

Will appreciate any replies.

Gina

I don't think the situation is as dire as some say.

As someone suggested, check the I-94. If the validity date is earlier then Apr 29, then you indeed did not get married within 90 days.

You definitely don't have to leave the country. You will now be adjusting status based on your marriage to USC. He needs to file I-130 (petition for alien relative) for you. You can do this together with your AOS application. You may need a new medical exam, not sure. Technically, you'd be out of status until you file, but if you file soon, you won't accumulate anough overstay time to qualify for a ban.

Regading the address, if you use the Chicago address, all your USCIS mail will go there, including your appointments for fingerprinting and the interview. It seems to be a big hassle to change the address in the middle of the AOS process, since USCIS seems to be able to lose mail even for those people who never changed address! So a solution would maybe get a postal box at Mail Boxes Etc or something in the new area and use that address.

Good luck!

[Dan&Mitzi 0]

Don't know if you're in trouble or not, but in any case Good Luck & best Wishes.

Edited May 11, 2006 by Dan&Mitzi