AOS for K1 visa holder after 90 days from entry?

[George and Movi 1]

Hi everyone,

Is there any limitations on when can a K1 visa holder apply for adjustment of status granting that the

marriage with the petitioner took place within the 90-day period upon entry in the US.

Thanks.

[Bernie C 24]

Its a gray and murky question.

We are about a month past the I-94 expiration because my fiancee (oops wife) had to fullfill the vaccination requirements and we just finished them. We are applying now asap.

While you will not find (that I know of) a specific written definition on this subject it is highly recommended that you file AOS as soon as possible.

[osin 3]

We applied for AOS more than a year after we arrived and this was not a problem at all

[Bobby+Umit 161]

I feel it's not a "gray and murky" question.

Your status is controlled by the I-94. Not the K-1 visa. Not your marriage to the USC.

Only by the I-94. All explained here.

Once your I-94 goes out, your past your "authorized stay" - so you start getting days out of status. Get enough of them and you would suffer a ban if you attempt to re-enter the US (even with an AP) prior to getting a GC.

If ICE finds you out of status, or if your going through Arizona and get pulled over, your going to have a bad day.

So, to protect your status, you want to get that AOS going ASAP. Once you have the NOA in you hands, your "safe". (all though, if you acquired 180+ days of out of status, you still can get the ban, not withstanding the NOA).

Also - if you go past a year from your K-1 medical and file for AOS, you will have to do a complete exam, again.

Most people will have no issues filing for the AOS after the 90 days, but it sucks for you if you are one of the few that does. (overstay is normally not a "stopping" factor for AOS to an USC)

(to add - if you go past the 90 days of VWP - you entering a different realm - and there are cases where people tried to file after the 90 days and got sent home (no appeal for the VWP))

This is my opinion - why play with fire if you can prevent getting burned?

[HeatDeath 430]

"Limitations"? Hard to say.

The primary condition of your K-1 visa is that you marry your USC petitioner within that 90 day period. As long as that has occurred, and there are no other negative factors (felony arrests, leaving the country without AP documents, unauthorized employment, etc), your AOS should go fine. A gap of a few weeks between the I-94 expiry and the AOS filing will not, in the vast majority of cases, cause any problems with the AOS filing. Filing AOS after the 90 days is far from unheard of, and the vast majority of AOS filings in that situation get approved, with the same probability of success, just as if they had been filed within the first 90 days.

Now mind you, there are other reasons - very good reasons, to file AOS during the first 90 days, or as soon as humanly possible thereafter. Running into federal law enforcement or ICE (at, for example, an inland road stop) between I-94 expiry and AOS filing would probably be far more interesting than you would like. But filing a little late shouldn't affect the eventual success of your eventual AOS filing.

Don't let fear of already being late be a reason to put off filing, for fear of adverse consequences for lateness. Rather, let it be an impetus to file as soon as possible.

Edited May 14, 2010 by HeatDeath

[kznova 2]

We filled aos after I-94 expiration with 2 weeks and there wasn't any problem

as long as you married during these 90 days , it is ok

but try to apply for aos soon to protect your status

[George and Movi 1]

To all, Thank you for such informative replies. Surely, we will be submitting our application for adjustment of status. My two children who are both holding K2 traveled with me and we will all together submit our papers by next week.

Have a nice day!