didn't apply for AOS withing 90 days

[osin 3]

Hello..

My name is Osiris. I arrived to the US last February with a K1 visa. and I got marry during the 90 days..

But unfortunately we haven't have the chance to prepare the AOS, because some economical situations, forced us to wait.

My question here is..

What could happened to me now?..I understand that I am not "legal" now. But I am wondering if my AOS would have any problem because I didn't respect the 90 days???....Could they deport me?....Could they deny me the AOS??...

So I will appreciate if someone could share a similar experience

Thanks in advance

[Otto 83]

The sooner you file the better - you legal status is currently not protected (aka Out of Status). Once you file your status will be 'Pending' which is better.

Nothing bad should happen but to avoid potential issues, it would be best to get the AOS filed (borrow the money if you have to) - it won't get any cheaper and your medical is only valid for 1 year so you may end up having to get another full medical.

Again... the sooner the better..

[NCWife 0]

Agree! The sooner the better! I could have saved at least $200 if I didn't apply for my AOS this late.

Cheers..!

The sooner you file the better - you legal status is currently not protected (aka Out of Status). Once you file your status will be 'Pending' which is better.

Nothing bad should happen but to avoid potential issues, it would be best to get the AOS filed (borrow the money if you have to) - it won't get any cheaper and your medical is only valid for 1 year so you may end up having to get another full medical.

Again... the sooner the better..

[Bonobo 0]

Hold on now, I've got a question: You can marry within 90 days and not file for AOS until months down the road? I just got married with about two weeks left on my fiance's (now wife) K-1 visa. Now, if we send in our AOS application, how is my wife legally in the US? Do we need to carry around our marriage certificate until she gets her green card (in ~ 6 months)? Is this OK?

Also, we got married before we applied for a social security number. Is this OK?

[Kathryn41 3,205]

Once the I-94 expires - whether you are married or not - if you have not filed for the AOS you are out of status. Carrying the marriage certificate around doesn't count - it doesn't prove legal residence status. You need to apply for AOS. Once you apply for AOS your status becomes "AOS Applicant" and is once again in legal status. Again, carrying the marriage certificate only proves marriage, not status. When you apply for the AOS you will receive an NOA (Notice of Action) that is a receipt for the AOS. You can carry a copy of that around to show legal status in the US. Also apply for the EAD (Employment Authorization Document) at the same time as the AOS even if you don't intend to work. The EAD is usually processed faster than the AOS and is proof of legal status in the US. It is valid for a year and can be renewed if your AOS hasn't been approved yet. While most AOS only take a few months, it is possible for it to take longer - ours took 22 months and I needed to renew my EAD.

While there is no 'deadline' by which you need to apply for AOS it is best to do it before the I-94 expires or as soon afterwards as you can. It is not fair to leave your spouse 'unprotected' for longer than absolutely necessary, as well as creating some potentially difficult situations - ie, an emergency back home (she can't leave the US without permission called an AP or the green card). Accumulate enough out of status days (180 plus) and if you leave the US you will acquire a 3 year ban upon re-entry as well as needing to start the immigration process all over again from the beginning.

Think of the K-1 as permission to enter the US to get married and apply to stay in the US. Think of the AOS as the permission to stay in the US. Both parts of the process need to be done in a timely way.

[cleo_fe 0]

Hello..

My name is Osiris. I arrived to the US last February with a K1 visa. and I got marry during the 90 days..

But unfortunately we haven't have the chance to prepare the AOS, because some economical situations, forced us to wait.

My question here is..

What could happened to me now?..I understand that I am not "legal" now. But I am wondering if my AOS would have any problem because I didn't respect the 90 days???....Could they deport me?....Could they deny me the AOS??...

So I will appreciate if someone could share a similar experience

Thanks in advance

hello there osin

you will only be out of status , you can't work or apply for a job yet, you can't go out of the country yet too.

my husband filed my papers (AOS) almost 2 years of our marriage, i never have a problem or whatsoever, they will not deport you no, they will not deny your AOS when you file just be sure that when you have your interview later on for your AOS you can prove that your marriage is legit.

[osin 3]

Thanks for all your responses..

[Kang Lang 7]

Hello..

My name is Osiris. I arrived to the US last February with a K1 visa. and I got marry during the 90 days..

But unfortunately we haven't have the chance to prepare the AOS, because some economical situations, forced us to wait.

My question here is..

What could happened to me now?..I understand that I am not "legal" now. But I am wondering if my AOS would have any problem because I didn't respect the 90 days???....Could they deport me?....Could they deny me the AOS??...

So I will appreciate if someone could share a similar experience

Thanks in advance

hello there osin

you will only be out of status , you can't work or apply for a job yet, you can't go out of the country yet too.

my husband filed my papers (AOS) almost 2 years of our marriage, i never have a problem or whatsoever, they will not deport you no, they will not deny your AOS when you file just be sure that when you have your interview later on for your AOS you can prove that your marriage is legit.

be careful when dispensing advice, actually without status the intending immigrant could be deported. there are some cases here on vj of out of status people running into trouble when near border areas so do be very careful. with that said my husband and i waited a year from marriage to the day to apply for aos and were never questioned about it and he was granted his green card at interview but i definitely would NOT recommend it. as the others have said if you are able to borrow the money from some where i hope you can do that. best of luck to you!!!!