Filing for AOS after I-94 Expires

[Scott & LC 3]

Dear all,

I'm in somewhat of a dilemma right now... We are married within the 90 days of my I-94 (I came here on a K-1). My I-94 expires on February 18th. We won't be able to file for AOS until my husband gets his tax refund, which may be delayed until early March. So I would be technically out of status for 2-3 weeks before I get to file for AOS.

I would like to know if there would be a problem of me doing this? We don't have that kind of money right now to file for AOS and would have to wait for his tax refund. I have read up on the topics of AOS but would love to have an up-to-date comments on my situation. All I could argue on is that we have to get married within the 90 days of arriving here, and it did not specify that we have to file for AOS within that 90 day period even though I would be in jeopardy as I will be technically out of status.

Please kindly advice.

Thank you.

Sincerely,

LC

[payxibka 10,045]

as long as you married within the 90 days then file the I-485 as soon as you can

[Calypso 464]

No need to fret. Payxibka is right.

All the best for your AOS journey.

Hakuna matata.

God bless us all.

FAE

[Scott & LC 3]

Yay.... thank you, everyone we're hoping to file a.s.a.p so we're asking family members to help out so hopefully things go right!! Thank you for addressing my concerns!

[F & J 21]

As long as you fulfilled the requirements of the K-1 visa (got married within 90 days of entry into the U.S.), you'll be fine! Don't worry, just file as soon as possible! ^___^

[Dakine 26]

Stay away from border towns until you get the NOA1 for AOS. Especially if you are brown skinned.

Edited February 4, 2010 by Dakine

[Scott & LC 3]

Yay thank you I guess I don't have to worry so much. We have decided to file only after he gets his tax returns and also to be able to send in the tax return documents as well.

...and I'm not going near any borders

Thank you again!