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Filed: Country: Morocco
Timeline
Posted

I was reading the direction on filing out the I-485 form for AOS, and came across this:

"WARNING: Travel outside of the United States may trigger the three and ten year bar to admission under section 212(a)(9)(B)(i) of the Act for adjustment applicants, but not registry applicants. This ground of inadmissibility is triggered if you were unlawfully present in the United States (i.e you remained in the United States beyond the period of authroized stay) for more than 180 days before you applied for adjustment of status and you traveled outside of the United States while your Form I-485 is pending."

After reading "(i.e you remained in the United States beyond the period of authroized stay) for more than 180 days before you applied for adjustment of status" I am assuming that after his 90 days has expired and we are married, we have 180 days to submit our paperwork for Adjustment of Status.

Does anyone else read that and get the same thought? Basically I trying to figure out what is my timeline for filing AOS. Does it have to be filed before his 90 days? Or do I have a certain amount of days following his 90 days to apply and submit his papers.

If anyone can help, thanks a bunch!

Posted

Well.. you don't say what visa/status you're talking about (nor have a profile/timeline to indicate anything) - but regardless - in most cases, The Sooner You File, the Better. You mention 90-days so perhaps you're referring to a Fiance visa? Same answer - The Sooner You File, The Better.

Is there some particular reason you'd want to wait? (or have waited?)

Filed: Country: Morocco
Timeline
Posted

Well.. you don't say what visa/status you're talking about (nor have a profile/timeline to indicate anything) - but regardless - in most cases, The Sooner You File, the Better. You mention 90-days so perhaps you're referring to a Fiance visa? Same answer - The Sooner You File, The Better.

Is there some particular reason you'd want to wait? (or have waited?)

We are filing a k1... and yes the sooner the better. But unfortunately we have to have time to gather lost proof. Birth certificate and tranlation of that including having him immunizations being sent from morocco due to misplacement. Thanks.

Posted

We are filing a k1... and yes the sooner the better. But unfortunately we have to have time to gather lost proof. Birth certificate and tranlation of that including having him immunizations being sent from morocco due to misplacement. Thanks.

I asked about whether you had to have approval back within 90 days, myself, and I was informed that as long as you'd taken steps to at least start the process you'll be ok. I think the first obvious step to take it to be married within the 90 days... then at least get the AOS started. I've seen posts where people deferred applying for the AOS for several months after the 90 days had past (although they were married within the time period.)

It does seem odd really, how when everything you see says you need to at least get started or else you risk deportation... but then find you can leave it for a bit. I have no idea what the upper limit on that is, though...

 
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