AOS Process question.

[leishi 11]

So my fiancee came to the U.S with K-1 Visa, and we got married within 90 days of her arrival. I am working on the AOS package, I don't remeber seeing anywhere about apply for AOS have to be within 90 days of her arrival or not. It just passed her 90 day arrival, and we do not have the AOS package ready yet, so it will be after the 90 day mark, I hope it's not any problem.

Am I right?

[JohnR! 5,495]

So my fiancee came to the U.S with K-1 Visa, and we got married within 90 days of her arrival. I am working on the AOS package, I don't remeber seeing anywhere about apply for AOS have to be within 90 days of her arrival or not. It just passed her 90 day arrival, and we do not have the AOS package ready yet, so it will be after the 90 day mark, I hope it's not any problem.

Am I right?

The 90-day condition is for the wedding to take place. Since you've done that you're fine, there is no deadline to apply for AOS, but the sooner it is done the sooner your wife can ger her papers in order.

[Que Saudade 284]

So my fiancee came to the U.S with K-1 Visa, and we got married within 90 days of her arrival. I am working on the AOS package, I don't remeber seeing anywhere about apply for AOS have to be within 90 days of her arrival or not. It just passed her 90 day arrival, and we do not have the AOS package ready yet, so it will be after the 90 day mark, I hope it's not any problem.

Am I right?

Yes you are correct. No timeframe. Just get it filed before 180 days pass from expiration of I-94. (which it looks like you are going to do)

No need to confuse matters and go into the legal reasons as to why you should file before 180 days.... because it will not apply to you

[RnB 0]

So my fiancee came to the U.S with K-1 Visa, and we got married within 90 days of her arrival. I am working on the AOS package, I don't remeber seeing anywhere about apply for AOS have to be within 90 days of her arrival or not. It just passed her 90 day arrival, and we do not have the AOS package ready yet, so it will be after the 90 day mark, I hope it's not any problem.

Am I right?

http://www.visajourney.com/faq/k1k2visa-aos.html says "Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices. "

Edited August 24, 2012 by RnB

[leishi 11]

sounds good, as i will be taking my sweet time to do this (as opposed to k-1 process), and enjoy this process, hehehe.

[Enigma11561 336]

http://www.visajourney.com/faq/k1k2visa-aos.html says "Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices. "

I do not understand where this comes from. the K1 visa is a single entry visa and "expires" after you enter. It does not allow you to stay here, only to enter.The I94 allows for you to remain for 90 days in order to get married.Once married you file for the AOS. There is no rush to do this, but the sooner the better.

[Que Saudade 284]

Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices. "

Even more have filed months afterwards with no problems. Delayed filing of adjustment of status is not a problem unless there is intent to travel.

There is no mandated timeframe to file AOS.

If you file AOS and there has been more than 180 days since expiration of I-94, you can not use Advanced Parole for re-entry as there are laws regarding the accrual of overstay more than 180 days. The non-US citizen would have to wait for AOS to be approved and green card in hand before they can leave the US and re-enter. It doesn't affect work status, just the traveling status.

So, NOTHING to worry about as long as you file AOS less than 180 days post expiration of I-94.

[bigdog 376]

I would file as soon as you have your documents, lucky you don't live in a high problem immigration state. You are out of status after 90 days, until you file and get your I797 letter. Personally taking your MST "(hehehe)" is probably not the best approach. You know everyone reads this site including USCIS.

[Que Saudade 284]

I would file as soon as you have your documents, lucky you don't live in a high problem immigration state. You are out of status after 90 days, until you file and get your I797 letter. Personally taking your MST "(hehehe)" is probably not the best approach. You know everyone reads this site including USCIS.

I forgot to add ...... "The sooner the better!"

[KayDeeCee 4,893]

It would not matter if USCIS read this post. There is nothing wrong with what the OP is doing. There is no deadline to file for AOS, so therefore there is nothing the OP could be faulted for by the USCIS. Yes, when the I-94 expires you will begin to accrue overstay time. When you file for AOS then you enter a period of authorized stay and the overstay clock will stop. Then when your AOS is approved, the overstay no longer matters. Many people file a few weeks or months after their I-94 has expired and have done so without any problems. The sooner you file, then sooner you can get your EAD/AP and green card though.

[Pitaya 2,577]

I forgot to add ...... "The sooner the better!"

Indeed !!!! :thumbs:

USCIS is running as inefficient as ever..... at a glacial pace.......

Good to hear from you again, leishi!

[Darnell 8,478]

So my fiancee came to the U.S with K-1 Visa, and we got married within 90 days of her arrival. I am working on the AOS package, I don't remeber seeing anywhere about apply for AOS have to be within 90 days of her arrival or not. It just passed her 90 day arrival, and we do not have the AOS package ready yet, so it will be after the 90 day mark, I hope it's not any problem.

Am I right?

Is no requirement, rule, regulation or law that states the AOS must be filed within 90 days of POE date.

That requirement is solely for 'getting married', nothing else.

You can file the AOS when yer ready to file.

Good Luck !