what is the deadline to do AOS on a K-1?

[TBoneTX 45,273]

If you send it later, there is no guarantee what may happen.

This is concise wisdom. Do NOT tempt fate! There is so much anti-ALL-immigrant sentiment seething in this country that you would NOT want to risk someone turning you in (or your being caught by an ICE agent by chance) so that the government has someone to make an example of. File the AOS/EAD/AP as immediately as possible after your marriage.

[abbie 0]

yes i94 expires within 90 days from the date of entry,my advise is get married within 90 days and as soon as you have all your documents you must file the AOS,hope this helps

the 90 day limit is for getting married (and hence fulfilling the terms of your K-1 visa).

Like someone posted above, you do have to file before the I-94 expires.

Doesn't the I-94 expire 90 days after entry???

[rlogan 2,036]

Short answer - as soon as you can (meaning shortly after you marry).

Yes - people have sent it in later than that, 6 months after marriage and later - and been ok. Others have not been so lucky.

What you should know is that if you've not yet adjusted status -- and your I 94 has expired - then you are technically deportable. That's why it's best to file as soon as you can.

And it goes without saying that you certainly should not travel outside the US or work during that time.

Well I think you are hinting that "technically deportable" means they won't actually do that. I don't believe it to be true technically speaking. Happy to stand corrected. A person is "out of status", but not an "illegal immigrant". They entered legally and also fulfilled the legal requirement for marriage. So I can't see how they can be deported.

I think there are a few places you can run into border checks without leaving the country, but you don't get automatically deported. You have a hassle with proving your marriage and maybe getting your butt in gear on filing the AOS. But you are not deportable. Unless I am mistaken.

It is the "Others have not been so lucky" statement I am really wondering about though.

Are you saying there are people here with experience that their AOS was denied because they filed it after their I-94 expired?

I think if this was a requirement then it should be easy to cite where I can find that requirement on the instruction form. There was a list of who qualified to apply. I saw no disqualification for applying after an I-94 expires. I see people applying months and more afterwards. So therefore this is not a requirement.

It is best not to put undue fear in the minds of people. If you are suggesting people get denied a green card for this I would want to see the evidence of that.

Kind regards.

[TBoneTX 45,273]

Well I think you are hinting that "technically deportable" means they won't actually do that. I don't believe it to be true technically speaking. Happy to stand corrected. A person is "out of status", but not an "illegal immigrant". They entered legally and also fulfilled the legal requirement for marriage. So I can't see how they can be deported.

I think there are a few places you can run into border checks without leaving the country, but you don't get automatically deported. You have a hassle with proving your marriage and maybe getting your butt in gear on filing the AOS. But you are not deportable. Unless I am mistaken.

It is the "Others have not been so lucky" statement I am really wondering about though.

Are you saying there are people here with experience that their AOS was denied because they filed it after their I-94 expired?

I think if this was a requirement then it should be easy to cite where I can find that requirement on the instruction form. There was a list of who qualified to apply. I saw no disqualification for applying after an I-94 expires. I see people applying months and more afterwards. So therefore this is not a requirement.

It is best not to put undue fear in the minds of people. If you are suggesting people get denied a green card for this I would want to see the evidence of that.

You're doing a lot of thinking, believing, surmising, and jumping at conclusions on such a basis. There are PLENTY of threads here on VJ that starkly state the outcomes of being out of status. Either you know for a fact what you're talking about, or you don't. If you don't know what you're talking about, then please refrain from posting.

[TracyTN 237]

Short answer - as soon as you can (meaning shortly after you marry).

Yes - people have sent it in later than that, 6 months after marriage and later - and been ok. Others have not been so lucky.

What you should know is that if you've not yet adjusted status -- and your I 94 has expired - then you are technically deportable. That's why it's best to file as soon as you can.

And it goes without saying that you certainly should not travel outside the US or work during that time.

Well I think you are hinting that "technically deportable" means they won't actually do that. I don't believe it to be true technically speaking. Happy to stand corrected. A person is "out of status", but not an "illegal immigrant". They entered legally and also fulfilled the legal requirement for marriage. So I can't see how they can be deported.

I think there are a few places you can run into border checks without leaving the country, but you don't get automatically deported. You have a hassle with proving your marriage and maybe getting your butt in gear on filing the AOS. But you are not deportable. Unless I am mistaken.

It is the "Others have not been so lucky" statement I am really wondering about though.

Are you saying there are people here with experience that their AOS was denied because they filed it after their I-94 expired?

I think if this was a requirement then it should be easy to cite where I can find that requirement on the instruction form. There was a list of who qualified to apply. I saw no disqualification for applying after an I-94 expires. I see people applying months and more afterwards. So therefore this is not a requirement.

It is best not to put undue fear in the minds of people. If you are suggesting people get denied a green card for this I would want to see the evidence of that.

Kind regards.

I never said someone in such a situation would be deported (or that I've heard cases of it happening), but the facts are the facts. If the I-485 has not been filed and accepted by USCIS by the time the period of authorized stay on the I-94 has passed, you are no different than anyone else who has overstayed their period of authorized stay... you are subject to removal.

Those who have applied for adjustment are determined to be in a "Period of Stay authorized by the Attorney General" and are determined to be in the country legally while waiting for a determination of their status.

I also never said that anyone who filed after their I 94 had expired then had their AOS denied. It may have happened, but I have not heard of it.

I was simply stating how your status is determined in relation to when you file. What someone chooses to do with that information, and when they choose to file, is up to them. I just felt it pertinent to inform people as to what their situation actually is. You can call it 'undue fear' if you'd like - I call it being informed.

Kind regards.

*edited for typo*

Edited July 24, 2009 by TracyTN