AOS not filed in time

[C Med 14]

Hi all,

I'm hoping someone can offer me some information. My husband and I got married on 10/7/11, well within the 90 days of his arrival on the K1 Visa. I am now hearing that the AOS has to be filed withing 90 days, which I wasn't aware of. I thought we just had to be married within 90 days. I'm worried that USCIS will not receive our package within the 90 days. Does anyone know what may happen if it isn't received in time? I'm worried.

[Dan & Jenni 457]

nothing will happen because you dont have to file for AOS within 90 days. all you have to do within 90 days is get married which you have done

[Inky 1,110]

Whoever told you this is lying to you.

AOS does NOT have to be filed in the 90 days. The only requirement is to marry in the 90 days.

[C Med 14]

Thank you both so much. You have taken a huge weight off of my shoulders. I was really starting to panic! lol I read in a couple of places that he would be subject to deportation because he would be considered out of status. OK, I can breathe and get back to these forms now. Many thanks.

[VanessaTony 3,567]

Thank you both so much. You have taken a huge weight off of my shoulders. I was really starting to panic! lol I read in a couple of places that he would be subject to deportation because he would be considered out of status. OK, I can breathe and get back to these forms now. Many thanks.

He IS out-of-status once his I-94 expires. He is also able to be detained and put in immigration detention until he goes before an immigration judge (he might NOT be detained, sometimes ICE knows their rules and sometimes they don't). He is unlikely to be deported as his marriage to you affords him the ability to AOS. So the judge will order that you file AOS immediately.

Here is a post about someone who HAD a visa (B1/B2) but the visa expired, they were married but he didn't file immediately: http://www.visajourney.com/forums/topic/229821-fresh-out-of-detention-center/

Another arrived on a K1 and hadn't filed AOS for 2 years: http://www.theworldoffilipinas.com/forum/index.php?showtopic=15820

The thing is it's POSSIBLE to be detained. Don't wait unless you REALLY have to. I personally waited 4 months and had no problems. Some people have waited years without problems. Doesn't mean someone won't eventually be the one that DOES have problems and I'm glad it wasn't me.

Edited November 17, 2011 by Vanessa&Tony