how long do i have to apply for AOS

[nandr 0]

I AM ON A K1 VISA AND I RECEIVED MY MARRIAGE CERTIFICATE ABOUT A MONTH AGO, I ALREADY HAVE MY SOCIAL SECURITY CARD AND STATE FLORIDA ID CARD ,MY VISA 90 DAYS JUST EXPIRED LAST WEEK HOW LONG DO I NEED TO TO ADJUST MY STATUS? IF I DONT DO THAT SOON ENOUGH WHAT HAPPENS ? ANYBODY WITH SOME EXPERIENCE ON THIS SHOULD GIVE AN ADVICE ON THIS ISSUE ,THANKS .

[katie & sifa 25]

There's no hard and fast rule, just advisable to file AOS as quickly as you feasibly can.

[Brother Hesekiel 2,236]

Ideally you file for AOS while your I-94 is still valid. Nothing bad happens if you do it afterward, but it might cause inconvenience or delay in case you get in trouble with the law.

[Nik+Heather 121]

It's true that past experiences show that nothing happens on the immigration side. But that's not the only authority in this country.

The law enforcement side is a completely different issue. If your authorized stay (governed by the I-94, not the expiration of the visa) is passed and you haven't filed for AOS, there is a possibility that you could be detained (That could mean anything from sitting by the side of the road while an officer looks up your info to being taken to jail), fined, and even made to go to immigration court for deportation proceedings. Then we're back to nothing bad happens on the immigration side - after you've been jailed and fined and ordered to appear before an immigration judge, IF your spouse is willing to support your adjustment, you'll be ordered to file the adjustment forms immediately, and not deported in the end.

Some people say "Don't worry, you won't be deported" as if THAT is the threshold for unpleasantness required to make people file before they go out of status.

For me, just the slim possibility of going through the hassle of being questioned (not even going to jail!!) was more than I wanted to put Nik through, so we made absolutely sure that AOS was filed before the I-94 expired.

The chances are low of even encountering law enforcement, let alone getting hassled about immigration status, and an acceptable outcome if things go wrong is eventually going to happen, but the unpleasantness if things DO go wrong, the risk, the nervousness was not something I felt it was fair to put my spouse through.

[Nessephanie 0]

I'm in the same place as you, my I-94 is passed the date and because of issues getting my financial sponsor figured out (my spouse doesn't make enough and my original sponsor backed out last minute) , I'm a few months past when I should have had my AoS filed. Everytime I ask if it's going to cause problems, I've been told that it shouldn't but to get it in as soon as I can. Just do not leave the US and stay out of trouble, and get it through as soon as you can.

[TBoneTX 45,312]

The replies above are all good (Heather's is best). If you haven't filed for AOS and your I-94 is expired, do not venture anywhere within 50 miles of either U.S. border, especially with Mexico. The Customs & Border Protection agents have no sense of humor about much of anything, including people who are out of status.