Time limit on AOS filing

[SterlingGirl 1]

I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

[jb_vj 5]

I don't think there is a written rule as to when you have to file AOS, but sooner the better would be my answer.

[john_and_marlene 162]

I don't think there is a written rule as to when you have to file AOS, but sooner the better would be my answer.

There is a written rule: If you have not submitted the AOS and the I-94 expires, you are out of status.

[Kang Lang 7]

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

[jb_vj 5]

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

[SterlingGirl 1]

I thought being out of status was grounds for removal by USCIS, though. Shouldn't that, by virtue of everything you worked for up to receiving the K-1, constitute a theoretical "time limit"?

[john_and_marlene 162]

I thought being out of status was grounds for removal by USCIS, though. Shouldn't that, by virtue of everything you worked for up to receiving the K-1, constitute a theoretical "time limit"?

You are correct. Some people don't seem to mind the risk. I believe it is a tremendous disservice to the immigrant to delay filing as it can put them in a terrible situation. What does the out of status spouse do if the USC dies before the AOS is submitted -- the spouse has no path to adjustment and may have accrued enough overstay for a 10 year ban. Totally unacceptable in my mind and not the type of advice that should be given out. Take a loan for the fees if you have to, but get it done.

[john_and_marlene 162]

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

[Jasman0717 9]

If you don't file AOS the beneficiary won't have the priviliages of being a LPR.

[geezer 1]

I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

Its best to file AOS as soon as possible as noted here. However, I have noticed this question coming up often in situations where people have lost their job.

In my opinion if you find yourself unemployed and you can afford the $1010.00 to file then you should do so. BUT if you have to make a choice between rent, utilities, food, medicine for your family and filing for AOS then you may want to consider waiting to file. In my view providing for your family always comes first.

Whatever you do, employed or unemployed, DONOT fail to get married within the 90 day period

[jb_vj 5]

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

I would like to know where it states the time limit for filing AOS by USCIS, honestly I've looked for it and can't seem to find it

I could swear I remember reading something about how you don't absolutely have to file for AOS within 90 days of entry - how that's just the time period within which to get married - but I can't find the thread, so I'll ask in a new one: what is the actual time limit within which your AOS paperwork must be postmarked? Is it by the K-1 expiry date? Is there no written rule as to when? Or is it, in fact, the 90 days after POE?

Its best to file AOS as soon as possible as noted here. However, I have noticed this question coming up often in situations where people have lost their job.

In my opinion if you find yourself unemployed and you can afford the $1010.00 to file then you should do so. BUT if you have to make a choice between rent, utilities, food, medicine for your family and filing for AOS then you may want to consider waiting to file. In my view providing for your family always comes first.

Whatever you do, employed or unemployed, DONOT fail to get married within the 90 day period

Agreed, do it as soon as you can, taking into consideration of family needs

[Nich-Nick 3,354]

Filing for AOS is your legal way to remain in the US while awaiting a decision. You are out of status when you K1 expires, but if you have proof of filing for AOS (NOA receipt) then you are legally allowed to remain. The people that wait...I wonder if they were in an accident or stopped by law enforcement for something...how would you show you were legally in the US without an unexpired visa or I-94? With all the crackdown on illegal immigrants, it seems more likely you would be asked for some proof of status. Maybe that's just in Texas where we have a very high number of illegals, but they do seem more strict here now and having something on paper as proof seems important to me.

[robhankins 0]

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

What in the world is "Accrued Out of Status Time"?

There is no time limit to file AOS if you get married within the 90 days on the i-94. Are you not still out of status if you do file within the 90 days but don't get your GC for one year? What status are you until you are approved for GC? Everybody is out of status for some period of time. You just can't travel or work legally until you get your GC/EAD/AP and you may be deported if your spouse dies before you are approved. I have seen cases where the spouse died after they filed the AOS but before they were approved and the immigrant spouse was still deported (she was out of status and no longer met the criteria for approval). They can't expect you to get married, file for your GC and get approval within 90 days; it can't happen.

[john_and_marlene 162]

This is exactly correct....no written time limit as to when you have to file for AOS

you are out of status once the i-94 expires but there is not a time limit for when you file aos only that you must be married within the 90 day time frame. we waited a year and were approved for the conditional green card last week. some people wait for 2 years so that they can just receive the 10 year straight away.

good luck to you.

There is a time limit for filing AOS if you don't want to accrue out of status time.

What in the world is "Accrued Out of Status Time"?

There is no time limit to file AOS if you get married within the 90 days on the i-94. Are you not still out of status if you do file within the 90 days but don't get your GC for one year? What status are you until you are approved for GC? Everybody is out of status for some period of time. You just can't travel or work legally until you get your GC/EAD/AP and you may be deported if your spouse dies before you are approved. I have seen cases where the spouse died after they filed the AOS but before they were approved and the immigrant spouse was still deported (she was out of status and no longer met the criteria for approval). They can't expect you to get married, file for your GC and get approval within 90 days; it can't happen.

Out of status time starts on the day after the I-94 expires if you have not filed for AOS.

If you file for AOS before the I-94 expires, you are in a legal status after the I-94 expires (pending AOS) and no out of status time accrues.

If you file for AOS after the I-94 expires, the time between the expiration and the receipt of the AOS application is out of status time, but it is wiped away if/when the AOS is approved.

What happens if for any reason the AOS is not approved (withdrawn, death of sponsor, etc)

1. If the AOS was submitted after the I-94 expired the out of status time calculation reverts back to the expiration of the I-94 and even the days after receipt of the AOS are now counted as out of status and the beneficiary may have accrued enough out of status time to incur a reentry bar of 3 or 10 years.

2. If the AOS was submitted before the I-94 expired no out of status time accrues prior to the adjudication of the AOS. Out of status time will only begin to accrue after the AOS is denied/withdrawn regardless of how long it has been since submission.

Edited February 5, 2009 by john_and_marlene

[john_and_marlene 162]

You are out of status when you K1 expires, but if you have proof of filing for AOS (NOA receipt) then you are legally allowed to remain.

Your K1 is used up on the day you enter the country. After entry, your status is determined by the I-94. You are out of status when the I-94 expires and the dates on the visa are no longer of consequence.