AOS deadline

[newlyweds2010 208]

I know this question has been asked several times on this forum, but I have read substantially contrasting answers.

Provided that the immigrant gets married within 90 days upon entrance into the US, when should he/she file for AOS? I know the best answer is ASAP, but ASAP may also mean "after his/her I-94 has expired". we are getting married on August 7 (I-94 expires August 14) but due to unavoidable waiting time to obtain the marriage certificate, we will have to file for AOS at least 2 weeks after the wedding, i.e. a week after the 90 days. There is really no way to avoid this, because 2 weeks is the time required to obtain the marriage certificate.

What are the consequences? Could it cause any delays/problems/troubles/denials?

Please, I'd like to read answers only from those who have an idea, maybe because they experienced the same personally.

[besaangel 18]

I know this question has been asked several times on this forum, but I have read substantially contrasting answers.

Provided that the immigrant gets married within 90 days upon entrance into the US, when should he/she file for AOS? I know the best answer is ASAP, but ASAP may also mean "after his/her I-94 has expired". we are getting married on August 7 (I-94 expires August 14) but due to unavoidable waiting time to obtain the marriage certificate, we will have to file for AOS at least 2 weeks after the wedding, i.e. a week after the 90 days. There is really no way to avoid this, because 2 weeks is the time required to obtain the marriage certificate.

What are the consequences? Could it cause any delays/problems/troubles/denials?

Please, I'd like to read answers only from those who have an idea, maybe because they experienced the same personally.

I think you'll be fine hon. As long as you do send it off within a reasonale time frame, you nothing to worry about. There are others who have long overstays and were still approved for GCs.

[newlyweds2010 208]

I think you'll be fine hon. As long as you do send it off within a reasonale time frame, you nothing to worry about. There are others who have long overstays and were still approved for GCs.

thank you for your answer. I will definitely send it out as soon as our marriage certificate is ready, i.e. within a couple of weeks after the wedding. this will result in a 7-10 days overstay after the I-94 expiry. Unfortunately I will not be able to do it before, because these are the general times required by the county office to record the marriage and issue the certificate.

[VanessaTony 3,567]

I know this question has been asked several times on this forum, but I have read substantially contrasting answers.

Provided that the immigrant gets married within 90 days upon entrance into the US, when should he/she file for AOS? I know the best answer is ASAP, but ASAP may also mean "after his/her I-94 has expired". we are getting married on August 7 (I-94 expires August 14) but due to unavoidable waiting time to obtain the marriage certificate, we will have to file for AOS at least 2 weeks after the wedding, i.e. a week after the 90 days. There is really no way to avoid this, because 2 weeks is the time required to obtain the marriage certificate.

What are the consequences? Could it cause any delays/problems/troubles/denials?

Please, I'd like to read answers only from those who have an idea, maybe because they experienced the same personally.

I filed my AOS on April 14, 2010. My I-94 expired Dec 11, 2009. I have had no issues so far **knock on wood**. EAD and AP approved (just waiting to receive EAD now). No RFE's.

The CORRECT answer to your question is this:

The is NO deadline to file for AOS. In theory you could never AOS because you married in the 90 day period... HOWEVER you would not be able to work, or get a drivers license. As soon as your I-94 expires you are "out-of-status" and start accumulating out-of-status days.

If you file AOS before the I-94 expires you've had no out-of-status days.. but you're still "waiting" while the AOS is processing PAST your I-94 date. One gentleman did this, he received his AOS NOA1 and carried it with him (as well as his passport) as his proof of status. He and his wife caught a bus interstate and ICE came on board and the officer in question didn't know the NOA1 for AOS rule.. soo.. he was detained and had to face an immigration judge who subsequently threw the case out because the guy had filed his AOS. Doesn't mean their costs for the lawyer or bail were refunded though... par for the course.

Similarly, if you were to be "pulled over" while you're out-of-status you will most likely be detained and face an immigration judge. At which point it is most likely (but not definite) that they will see you arrived on a K1, that you obeyed the visa and married in 90 days, and order you to immediately file for AOS.

In the event you are "kicked out" (unlikely but still remotely possible) and you have accumulated enough out of status days to incur a ban (180 days = 3 year ban, 365 days = 10 year ban), or if you decide not to file AOS and leave the country your out of status days still count against you.

So, in your case waiting 2 weeks is really not an issue, like I said, you could in reality wait years BUT the longer you wait the riskier it gets. You should stay away from borders or anyone that could check your status. You won't be deported but it will cost some decent money to get "out of the mess". You just gotta hope you meet the one ICE officer who knows what the hell they're talking about in terms of a K1 visa entrant/AOS applicant.

**Edit - you can file AOS after the 90 days as long as you married in the 90 days. If you don't marry in 90 days (but do marry the petitioner) there are still options as well. You will not be penalised for waiting longer BUT you must keep in mind that the longer you wait, the more evidence of "co-mingling" you'll need if you're called for interview.

Edited June 25, 2010 by Vanessa&Tony