How long after marriage?

[AndyMisiu 0]

How long do you have to file for AOS after marriage. Can you get married within the 90 days and apply for AOS outside the 90 days?

[Jenn! 918]

Short answer: yes. But keep in mind that each day past 90 that you wait to file will be considered out of status. Accumulate 180 out of status days and you will be subject to a ban upon renentry.

Filing a few weeks past 90 days shouldn't be a problem.

[Canuck Carrie 1]

Applying shortly after the 90 days should not be a problem.

[AndyMisiu 0]

So, if you file within the 90 days everything should really be ok then!! and of course you would get approved outside of the 90 days. So, they would like to have the AOS application within the 90 days? but if not, then it should be fine. I don't really like the word SHOULD

[jolanda 0]

I filed almost 2 months after the 90 days was up and had no problems with the AOS process

[AndyMisiu 0]

Ok, this is all good news. I know your not supposed to plan weddings but in the Catholic Religion it's almost impossible to get married without some kind of notice to the church. I have all kinds of things to do before we are married that's required by the church beforehand. So I needed to make sure if I put the wedding near the end of the 90 days that it would be ok.

[Jenn! 918]

So, if you file within the 90 days everything should really be ok then!!

yes

and of course you would get approved outside of the 90 days.

I wouldn't say "of course". There could be other reasons why an application is not approved. But if you file within the 90 days they couldn't possibly hold that against you in any way.

So, they would like to have the AOS application within the 90 days?

but if not, then it should be fine.

yes

I don't really like the word SHOULD

Then file within the 90 days just to be safe.

Good luck!

ETA: I see now what you meant by "of course you would get approved outside the 90 days". Correct, the approval would not fall within the original 90 days.

Edited July 28, 2006 by jenn3539

[Jersey Girl 2]

Bless me Father, for I have sinned. I suggested to Andy that he have a civil ceremony within 90 days to satisfy the visa requirements.

WHAT?! For your penance, you'll go up the Thirty-Nine Steps in Rome on your knees!

But then I told him to hold off on the honeymoon activities until he had the Sacrament of Matrimony whenever it was convenient.

Okay, then. For your penance, you'll drink watery American beer and eat mystery meat at Burger King for the next week.

Thank you, Father.

[moondancer627 0]

Bless me Father, for I have sinned. I suggested to Andy that he have a civil ceremony within 90 days to satisfy the visa requirements.

WHAT?! For your penance, you'll go up the Thirty-Nine Steps in Rome on your knees!

But then I told him to hold off on the honeymoon activities until he had the Sacrament of Matrimony whenever it was convenient.

Okay, then. For your penance, you'll drink watery American beer and eat mystery meat at Burger King for the next week.

Thank you, Father.

LOL.

I suggest that you do pick a tentative date with your church, since churches book up quickly, but also get married at the courthouse when your fiance' immediately arrives to start filing AOS paper work.

I see you are in the first stages of the K-1. It took us from October 04- July 05 to get approved for the K-1 and then another few months until my husband could quit his job and enter into the US to get married.

We got married in Nov. 05 and filed our AOS paperwork early Feb. 06 since I had to get 05's taxes in order for the affidavit of support. Green Card arrived in June this year.

Good Luck

[Leasel7 1]

Short answer: yes. But keep in mind that each day past 90 that you wait to file will be considered out of status. Accumulate 180 out of status days and you will be subject to a ban upon renentry.

Filing a few weeks past 90 days shouldn't be a problem.

I thought I read that you start accruing days out of status after the K-1 visa expires, not after the I-94 expires. My husband's AOS package was sent in over two months after the I-94 expired but before his K-1 visa expired.

[Jenn! 918]

Short answer: yes. But keep in mind that each day past 90 that you wait to file will be considered out of status. Accumulate 180 out of status days and you will be subject to a ban upon renentry.

Filing a few weeks past 90 days shouldn't be a problem.

I thought I read that you start accruing days out of status after the K-1 visa expires, not after the I-94 expires. My husband's AOS package was sent in over two months after the I-94 expired but before his K-1 visa expired.

Time out of status begins after the I-94 expires, not the K1. As your husband accrued less than 180 days out of status, he shouldn't have any trouble.

Edited July 29, 2006 by jenn3539