AOS and being "out of status"

[JANETandLYLE 11]

I'm a bit confused here, and I'm hoping someone can clarify this for me. Janet has a I-94 in her passport that is dated Feb 10 2010. We are here now in the United States and we arrived Nov 12 2009. Ok, we have 90 days to marry. That puts us at Feb 12th to be married within the 90 day time frame. What is all this talk about us needing to file the AOS before Janet's I-94 expires? We won't have enough time to probably have it filed by that date. What if she is out of status? I don't see how if a couple takes the full ninety days to wed, that they will also have the AOS sent in by then and before the I-94 expires. Can someone please shed some light on this for me? Also, how long do we actually have AFTER the 90 days to get the AOS paperwork sent in? I've read several posts on this and everyone seems to be saying different things. I'm confused....Thanks in advance

[JANETandLYLE 11]

I'm a bit confused here, and I'm hoping someone can clarify this for me. Janet has a I-94 in her passport that is dated Feb 10 2010. We are here now in the United States and we arrived Nov 12 2009. Ok, we have 90 days to marry. That puts us at Feb 12th to be married within the 90 day time frame. What is all this talk about us needing to file the AOS before Janet's I-94 expires? We won't have enough time to probably have it filed by that date. What if she is out of status? I don't see how if a couple takes the full ninety days to wed, that they will also have the AOS sent in by then and before the I-94 expires. Can someone please shed some light on this for me? Also, how long do we actually have AFTER the 90 days to get the AOS paperwork sent in? I've read several posts on this and everyone seems to be saying different things. I'm confused....Thanks in advance

I forgot to mention we are K1

[Anh map 2,098]

90 days is not the same as 3 months

February 10 is the 90th day, not the 12th. That is why the I-94 is stamped with the 10th. That is expiration day. A small, but crucial detail. Don't let it trip you up.

The filing does not need to be within the 90 days. She will be out of status after the 10th. The out of status will be forgiven when the AOS is adjudicated. As long as she doesn't come to the attention of CBP she ought to be fine. If you are in an area of the country with inland inspection stations, stay far far away from them.

Filing for the AOS will protect her status while the process goes on. So it's prudent to file as soon as you can do it. It's just safer for the both of you.

[DouglasFiel 53]

Mnay people go out of status for this very reason,,, It is not a big deal,,, just get your paperwork submitted as soon as you can after the marriage.

Regards,

[Darnell 8,479]

Also - the regs cover 'get married within 90 days' - those 90 days are supposed to be tied in to the I-94 expiration date.

There is NO REGULATION covering 'when to file for AOS' - there is something between 'suggestion to guideline' that you file AOS as soon as possible after marry, but there is NO REG about it.

IMO, it 'seems' that there is 'automatic forgiveness' within 6 months of I-94 expiration date, no additional stuff to file or do.

IMO, don't sweat this, ya? But do file as soon as yer able.

Caveat - I am not a lawyer, nor do I play one on TV. Dry at low-setting.

[PhiLandShiR 18]

Also - the regs cover 'get married within 90 days' - those 90 days are supposed to be tied in to the I-94 expiration date.

There is NO REGULATION covering 'when to file for AOS' - there is something between 'suggestion to guideline' that you file AOS as soon as possible after marry, but there is NO REG about it.

IMO, it 'seems' that there is 'automatic forgiveness' within 6 months of I-94 expiration date, no additional stuff to file or do.

IMO, don't sweat this, ya? But do file as soon as yer able.

Caveat - I am not a lawyer, nor do I play one on TV. Dry at low-setting.

Wash in Cold water only...