question about AOS

[KayDeeCee 4,893]

Dear, you would be said to leave United States of America for sure. Because for continuing the legal status, you have to file AOS within 90 days of arrival or before the date mentioned on I-94.

As far as Social Security & Marriage Certificate is concerned, that have nothing to do with your extension of legal status.

Someone that enters the US with a K-1 and marries within the 90 days does not have to leave the US when their I-94 expires. There is no deadline to file and they are still eligible to file for AOS. The requirement is to get married within the 90 days, not to file for AOS too.

[Penguin_ie 5,993]

It is unlikely you will be detained, unless you come to the attention of police, but yes, it is a (remote) possibility.

Edited January 18, 2013 by Penguin_ie

[melbi&clint 0]

There is no deadline of when to file AOS,but you will be out of status and you can't drive,you can't work and can't travel outside United States,just stay out of trouble And it really sucks coz you have to stay in the house most of the time. I filed my AOS after 1 and half year since I got here and we did got married within 90 days,I don't really recommend you on filing late just based on my experience but sometimes things happen. So,goodluck!

[Cathi 5,748]

I am sorry, but you are incorrect. If you come here on a K-1, get married within the 90 days but do not file for AOS before the I-94 expires, you DO begin to accrue overstay. Once you file for AOS, the overstay clock will stop and you will be in a period of authorized stay.

There is no deadline to file for AOS. That is true. However, it is not true that you will not be out of status. Out of status = unlawful presence. Please search VJ for many many posts on this topic.

It is unlikely you would ever be detained but it IS possible, even if it is a small one. You would not be deported if you were detained. Since you would be eligible to file for AOS, the judge would most likely just order you to file for AOS immediately.

Lots of people file for AOS a few weeks or months(some even years) after their I-94 is expired and never have any problems due to overstay.

this is correct

You clearly do not understand what you are saying. If you are unsure, it is better not to post at all, especially such spurious speculation.

If she has an expired I-94 she is out of status. She still has a legal presence.

actually you are the one not understanding, you are the one who is giving misinformation

[cdneh 3,112]

this is correct

actually you are the one not understanding, you are the one who is giving misinformation

No I am not. She would still have legal presence, even if out of status. That is why people who have filed as much as three years after marrying have successfully AOS'd.

[Dave&Roza 748]

One thing to consider is that the medical is valid for a year. IF the medical expires you will have to pay for a new one with the AOS. Also there is a debate on what you need to file if you should be married for 2 years before filing for AOS as the K-1 visa is REQUIRED to get a conditional GC, however; if you are married for more than two years you qualify for a 10 year GC. So it is recommended that you file the I-130 with the I-485 if married for more than two years should you wait that long. Given the processing times currently, why add to the time that you cannot travel internationally or work--even the EAD/AP is taking a long time. File the AOS so this issue of being detained does not come up for you.

Dave

[JimmynMaribel 1]

True But you satisfied the k-1 so you will not be penalized

[KayDeeCee 4,893]

No I am not. She would still have legal presence, even if out of status. That is why people who have filed as much as three years after marrying have successfully AOS'd.

Wow, let me try again. Out of status = unlawful presence. They do not have legal presence when out of status. There is no such thing as being out of status but perfectly legal to do so. Being married to a USC does not give you a legal presence in the US. What marrying within the 90 days of entry does is make them eligible to file for AOS. As long they remain in the US and married to the USC that petitioned them, they are eligible to file for AOS no matter how much time goes by. It does not mean they have a legal presence without the possibility of being detained. It means they are eligible to file for AOS. You can have unlawful presence(be out of status with overstay) and still remain eligible to adjust status in order to gain permanent residency(legal presence).

There is a reason people whose I-94 has been expired longer than 180 days are told not to bother filing for AP. This is because they have overstayed(had an unlawful presence) for over 6 months and will trigger a ban if they leave the US. They DO accrue overstay time from the moment their I-94 expires. Once they file for AOS, no more days will accrue and the overstay will not matter once they are approved for their green card. Overstay is 'forgiven' for a spouse of a USC, even those adjusting from other visas besides the K-1.

[Aristedes John 2]

Hello my DS-3032 was received by nvc...and i received e mail from nvc says that we have to start the aos I864 package please click the link below...i have click the link and download the I-864 form and i see the form but have not seen the cover sheet is anyone in this room knows where we can find the cover sheet, because this is important based on the thread information here in vj please advise thanks...

godbless,

John

[Penguin_ie 5,993]

*** two topics on the same issue merged. PLease do not post more than once on a question ***