running out of time

[Nibake 4]

Hi, my wife and I have had everything ready for almost two months, but her guarantors are only now getting the I-864 ready. I kinda wish I would've sent in and waited for the RFE, but that is hindsight now. Unfortunately, we are out of time for the 90 days, even if I am able to overnight the paperwork it will still arrive after the 90th day. Is there anything I need to know or do differently? Will this change things at all? Thanks.

[sanfran2418 1]

So you guys got married in the 90 days right? Are you now applying for AOS?

[Nibake 4]

Yes and Yes.

[Nibake 4]

.

Edited November 20, 2010 by Nibake

[Kang Lang 7]

hi there, the main thing is that you married within the 90 day window. you are not required to file for aos within the same period. there actually is no deadline for filing aos but sooner rather than later is recommended. so you can relax a bit. others have mentioned that until you have the noa in hand try to stay away from the border as if you are stopped it could create trouble for you.

we actually filed aos a year after marriage and were approved after interview with not a mention of the late filing at all

best of luck

[Nibake 4]

hi there, the main thing is that you married within the 90 day window. you are not required to file for aos within the same period. there actually is no deadline for filing aos but sooner rather than later is recommended. so you can relax a bit. others have mentioned that until you have the noa in hand try to stay away from the border as if you are stopped it could create trouble for you.

we actually filed aos a year after marriage and were approved after interview with not a mention of the late filing at all

best of luck

Tnank you. I thought I read somewhere that you have to use the I-130 in addition to everything else if the 90 days are up. Did you send that?

[VanessaTony 3,567]

Tnank you. I thought I read somewhere that you have to use the I-130 in addition to everything else if the 90 days are up. Did you send that?

No you read wrong. You file the I-130 if you married after the 90 days. If you married before the 90 days then no i-130 is needed. Sometimes an I-130 is needed if you wait more than 2 years to file AOS.

[Nibake 4]

No you read wrong. You file the I-130 if you married after the 90 days. If you married before the 90 days then no i-130 is needed. Sometimes an I-130 is needed if you wait more than 2 years to file AOS.

Good. That is nice to know. Thank you!

[HeatDeath 430]

Remember, as the USC spouse petitioner, you have to fill out a full I-864 as well, even if you have zero income and are using joint sponsors.

[sanfran2418 1]

Another thing I learned here if I remember exactly how they explained it is when you file for AOS after your I94 expires, do not leave the country once your advanced parole is approved. Just wait for your green card since the I94 can cause problems at Port of entries regardless if you have advanced parole approved.

[JimVaPhuong 4,863]

Another thing I learned here if I remember exactly how they explained it is when you file for AOS after your I94 expires, do not leave the country once your advanced parole is approved. Just wait for your green card since the I94 can cause problems at Port of entries regardless if you have advanced parole approved.

A K1 begins to accumulate overstay time as soon as their I-94 expires, just like anyone else with a non-immigrant visa. Also, a K1 who overstays by 180 days or more will incur a ban if they leave the US, again - just like anyone else with a non-immigrant visa. An advance parole document doesn't protect someone from incurring this ban. If they leave with more than 180 days of accumulated overstay then the the AP document won't get them back into the US. There are numerous warnings in the I-131 instructions about this.

If their AOS petition is accepted before they accumulate 180 days of overstay then they usually won't have any problems reentering the US with an AP document. They don't necessarily need to have applied for the AOS before their I-94 expires. They just need to have less than 180 days of overstay when the AOS petition is accepted to avoid incurring the ban.