AOS Filing Date and Overstay...

[Mogambi 96]

My fiance will be here August 8th. We will probably be married in early October.

I understand the rules of the visa are to be married in 90 days, and most people recommend filing AOS in the same timeframe, but I have been reading that many people also don't file AOS in the 90 days.

My situation is this. After we're married, we'll be temporarily relocating to LA for a job that I'm doing, and will be there from mid Oct until the end of December.

My worry if I apply AOS right after we're married, then we won't be here when they request her appointment for biometrics, and maybe even an interview.

We could wait and apply for AOS November 8, which would be the 90 days from her entry to the US, am hope that nothing happens until after the 1st of the year.

OR we could wait and file AOS mid-December and feel pretty safe that all the appointments and things will happen in the new year when we will be back in the SF Bay area.

I'm looking for more information on the repurcussions of not filing AOS in the 90 days? I've read that the overstay is forgiven. I mean, most people who apply for AOS even IN their 90 days are overstaying right, until the GC is actually issued?

So is there any real danger that my wife (by then) could have problems if we delay filing AOS by about 6 weeks?

[SOflaherty 40]

Overstaying is not preferred for a lot of obvious reasons, but a 6 week delay won't actually hurt anything. Lots of people overstay for far longer with no issues, just get it in as soon as you are able.