Anyone have experience with filing for AOS after the 90 days?

[Arabella 4]

Hi Guys!

Sean and I are getting married on April 29th, and his 90 days expires on May 2nd. I know that he will technically be out of status if the AOS papers are received after the May 2nd expiration date. Since he is Canadian and is allowed to be here for up to 6 months, is this really a big deal?

Anyone have any experience with filing after the 90 days are up?

Thanks!

[Sprailenes 47]

It's not a big deal. Many people have filed after the 90 days. It only matters if you don't get married within the 90 day time period.

[Udella&Wiz 325]

Correct me if I'm wrong - you have to marry with 90s days for your K1 restrictions but you have to file your AOS within 6 months I thought?

Someone correct me if I'm wrong

[Arabella 4]

Correct me if I'm wrong - you have to marry with 90s days for your K1 restrictions but you have to file your AOS within 6 months I thought?

Someone correct me if I'm wrong

Thanks for the replies guys.

I am curious as to the answer to Udella's question. How long do I have to file AOS after we get married? Obviously I'll do it ASAP, but I just want to know if I have some flexibility here.

[Udella&Wiz 325]

Thanks for the replies guys.

I am curious as to the answer to Udella's question. How long do I have to file AOS after we get married? Obviously I'll do it ASAP, but I just want to know if I have some flexibility here.

Someone in the AOS forum will tell you pretty quickly - try there

[sachinky 465]

There's no deadline as such but it is best to do it ASAP--preferably before the I-94 expires.

[TimandJoyce 1]

I would think that it is better before the I-94 expires, however, you do have a legal right to wait until that 90th day to get married, and so it stands to reason that AOS would be done after the expiration date. Just get as much info as you can for that now, so that after you get married, you'll just need the final touches; marriage license, etc.

You will be MUCH better off making sure the actual marriage took place before the I-94 expires, than when you filed AOS. I'm sure they compare dates with everything.

[Brother Hesekiel 2,236]

Due to a black hole in the written law, there is no requirement to file for AOS at all. Read that sentence twice.

The requirement of the K-1 was to get married to the petitioning spouse within the allotted 90-days time frame. Now you can take all the time you want, yet I agree with anybody who would strongly suggest to file within the realm of the I-94. Know, however, that nothing bad is happening to you or your spouse if you file later, even years later.

You can't work, you can't get a SSC, you can't travel internationally, but you are legal in the US, as you met the requirements of your particular visa.

[Hugglebuggles 60]

This is a source of great debate in the AOS forum. I've read tons of threads over there where this simple question turns into a huge argument between a bunch of know it all senior members. Basically, the general consensus is that there is really no legal consequences of filling AOS after the I-94 is expired, and technically there is no time frame you need to file AOS in. You can do it in 3 days, 3 weeks, 3 months, 3 years, 30 years, you still met the requirements of the visa- which was marriage within the 90 days. The problem is that until he files AOS, there is no evidence he is in the US legally. As far as getting a license, getting a job, and really starting his life in the US- the sooner he has evidence of status the better for him.

[Udella&Wiz 325]

This is a source of great debate in the AOS forum. I've read tons of threads over there where this simple question turns into a huge argument between a bunch of know it all senior members. Basically, the general consensus is that there is really no legal consequences of filling AOS after the I-94 is expired, and technically there is no time frame you need to file AOS in. You can do it in 3 days, 3 weeks, 3 months, 3 years, 30 years, you still met the requirements of the visa- which was marriage within the 90 days. The problem is that until he files AOS, there is no evidence he is in the US legally. As far as getting a license, getting a job, and really starting his life in the US- the sooner he has evidence of status the better for him.

very nicely summed up

[Brother Hesekiel 2,236]

I agree. Now give that member a + rating as a reward. I did.