Probably a silly question

[Gemmie 142]

But I haven't seen it brought up so far.

I understand that once the K1 visa is issued, you have 6 months to use it to enter the US.

I also understand that you then have 90 days to marry.

Is there a time limit on when you must apply for AOS? I've seen it written that you have 90 days to marry AND file for AOS. However, I've noticed that some people have waited right up until the end of their 90 day limit to marry, which makes it pretty much impossible to file for AOS within that time frame.

What happens if you marry but do not file for AOS within 90 days of entry? At what point is it considered illegal to remain in the US without status?

[no name 1]

But I haven't seen it brought up so far.

I understand that once the K1 visa is issued, you have 6 months to use it to enter the US.

I also understand that you then have 90 days to marry.

Is there a time limit on when you must apply for AOS? I've seen it written that you have 90 days to marry AND file for AOS. However, I've noticed that some people have waited right up until the end of their 90 day limit to marry, which makes it pretty much impossible to file for AOS within that time frame.

What happens if you marry but do not file for AOS within 90 days of entry? At what point is it considered illegal to remain in the US without status?

Day 91.

[LaL 418]

But I haven't seen it brought up so far.

I understand that once the K1 visa is issued, you have 6 months to use it to enter the US.

I also understand that you then have 90 days to marry.

Is there a time limit on when you must apply for AOS? I've seen it written that you have 90 days to marry AND file for AOS. However, I've noticed that some people have waited right up until the end of their 90 day limit to marry, which makes it pretty much impossible to file for AOS within that time frame.

What happens if you marry but do not file for AOS within 90 days of entry? At what point is it considered illegal to remain in the US without status?

There is no official timelimiit in which to file for AOS. In order to adjust based on the K1 you must have had only to married withint the 90 days after entry.

If you cannot marry within the 90 days - you can still adjust based on a marriage to the petitioner, however you wouldn't be adjusting on the k1 anymore and would need to file i130 concurrently.

Edited October 4, 2008 by LaL

[Boiler 46,238]

As has been said you would be out of status, forgiven when adjusting through marriage, technically at risk of deportation.

[Gemmie 142]

Ok, thanks.

How about the posters that have feared a 10 year ban or less due to not applying for AOS? Or what if you never apply for AOS? Does that mean you're still technically legal, just unable to work? I thought the idea was that without a green card, you're not officially a resident.

We were just concerned because we'll probably be married towards the end of the 90 day limit and not have enough time to file for AOS immediately within that frame. Looks like it's fine to apply shortly after.

Edited October 4, 2008 by Gemmie

[LaL 418]

If you do not apply for AOS you do not have any legitimacy to stay and will leave you as an overstay with a bar depending on the length of the overstay resulting in 3 or 10 year bar.

I think your question stemmed from not being able to apply for AOS within the 90 day window, and I cannot parse the reason for asking about what happens if you never apply for AOS if this is the concern. Short answer - there is no official time when you have to apply by, but if you are waiting quite awhile (duration that would result in a bar) - some will suggest you do not use AP to travel as due to the overstay, you may not be readmitted. (fair to say others who waited a year to file AOS used AP and were fine though).

Edited October 4, 2008 by LaL