Can We File for AOS beyond 90 Days?

[LSnBigBear 61]

i just really don't want my hubby to be stressed with the filing fee which is $1,070.. as he is buying stuffs for his car shop that he is going to open on the summer, but he said we will file next month.. though, it would be good if it is a lil bit longer than that..

My friend did not adjust for 6 motnhs after their marriage and did not have any issues.... For those reading that are still on NOA1. I know it is difficult for many but I saved little by little for my fiancee's flight & AOS. We are marrying soon but still I don't like having to pull the money I saved out of savings lol. Or BUt all in all it is worth her being able to start her next process. I guess it is love.

[Pinkrlion 2,724]

I have been here in US since Feb. 1, 2013 on a K1 visa, and we got married last March 1, 2013 with my hubby. My question is, can we file for Adjustment of Status beyond 90 days?..thanks

Yes

[X Factor 1,112]

What difficulties?

The sooner the better of course, for being able to get a license/state ID, work, re-enter the US when traveling, etc, BUT there is no deadline to file for AOS. As long as you married within the 90 days of entry and remained in the US, you are eligible to file for AOS at any time. Many people file for AOS days, weeks, months and a few even years after their I-94 expired with no problems.

The difficulties you just mentioned. Can't work, can't drive etc.

[Dave&Roza 748]

I have been here in US since Feb. 1, 2013 on a K1 visa, and we got married last March 1, 2013 with my hubby. My question is, can we file for Adjustment of Status beyond 90 days?..thanks

As others have said the sooner the better. One of those sooner is the sooner you become a LPR the sooner you get USCIS out of your life as you can file for US citizenship, if you go that route, after being a LPR for 3 years (and still married to the same USC). There have been a few people here that have waited for over 2 years before filing the AOS and have asked and started the debate of what forms need to be filed--but that is a whole different subject. Your life will be on hold until you get the GC so file ASAP.

You have completed the requirements of the K-1 visa by getting married before the I-94 expires. When it does expire you will be out of status and should you be out of status for more than 180 days, filing for advance parole (AP) would be worthless as you would not be allowed re-entery if you left the US. Until you get the GC you cannot work, cannot get a DL, cannot re-enter the US (you can always leave, but the idea is to return) and if you find yourself near the Southern border, you might be detained by CBP or LEO and it could end up with you in front of an immigration judge who will tell you to file the AOS and may give you a deadline to do so. Also the longer you wiat the more evidence of a bona fide marriage you will need. Right now it is a Marriage Certificate and living in the same place (at least that is what it was for us).

Good luck,

Dave

[Lex Specialis 38]

:thumbs:get your social, file AOS asap is always the rule.

If you were admitted and inspected when you entered the US, (and you were on a K-1) then even though you are out of status you can still adjust as an overstay on the basis of a marriage. I would file the application as quickly as possible because you are accruing unlawful presence. The longer you do it, the worse it looks. Do NOT leave the country. Stay out of the USCIS' radar until the AOS interview. If you are picked up by ICE agents, you can be placed in removal proceedings until you get your green card.

[Cathi 5,794]

What difficulties?

The sooner the better of course, for being able to get a license/state ID, work, re-enter the US when traveling, etc, BUT there is no deadline to file for AOS. As long as you married within the 90 days of entry and remained in the US, you are eligible to file for AOS at any time. Many people file for AOS days, weeks, months and a few even years after their I-94 expired with no problems.

Just make sure that if you do wait that you don't travel outside of the US. Best of luck!!

[KayDeeCee 4,896]

The difficulties you just mentioned. Can't work, can't drive etc.

Ahhh, I thought you meant with AOS. Carry on

If you were admitted and inspected when you entered the US, (and you were on a K-1) then even though you are out of status you can still adjust as an overstay on the basis of a marriage. I would file the application as quickly as possible because you are accruing unlawful presence. The longer you do it, the worse it looks. Do NOT leave the country. Stay out of the USCIS' radar until the AOS interview. If you are picked up by ICE agents, you can be placed in removal proceedings until you get your green card.

The worse what looks to whom? Overstay is not a basis for denial of AOS when married to a USC so it doesn't 'look' anything the adjudicator. It is a very small chance you would be detained by ICE and even if that small chance became a reality, you would not be deported as long as you are eligible to file for AOS.

Just make sure that if you do wait that you don't travel outside of the US. Best of luck!!

As long as you have less than 180 days of overstay and your AP, you are good to travel outside the US and re-enter. If your I-94 has been expired for longer than 180 days, you may not want to risk traveling outside the US, even if you have AP.

[Denver422 10]

i just really don't want my hubby to be stressed with the filing fee which is $1,070.. as he is buying stuffs for his car shop that he is going to open on the summer, but he said we will file next month.. though, it would be good if it is a lil bit longer than that..

There is no worry to file for adjustment so soon. As others have said here ,as long as you married within the 90 day period and do not leave the USA there is no limit of time to file for adjustment. BUT you do need to file as soon as it is financially possible only because sooner is better. NO ONE is going to come and make you leave or take you away cos you didn't file yet.

[Chuck & Chay 0]

How are you adjusting? No homesickness? That first month or so, was the most stressful for me, the USC, keeping her occupied. After a while, and meeting a few other Pinay, she did much better.

I am still adjusting to the weather as it is sooo freaking cold here in MN..its just so boring coz m stuck inside the house 24/4...

[Chuck & Chay 0]

:thumbs:get your social, file AOS asap is always the rule.

yeah, i will try my best to file my AOS as soon as possible and as soon as i can..

[IanChap 5]

Take heart. I went 7 years before AOS. Circumstances were difficult at best. It all worked out in the end. Married 5 years after overstay, was with same girl the entire time. Each case is different, just be able to prove you are in a real relationship. You will be fine then.

Edited March 14, 2013 by IanChap

[Chuck & Chay 0]

As others have said the sooner the better. One of those sooner is the sooner you become a LPR the sooner you get USCIS out of your life as you can file for US citizenship, if you go that route, after being a LPR for 3 years (and still married to the same USC). There have been a few people here that have waited for over 2 years before filing the AOS and have asked and started the debate of what forms need to be filed--but that is a whole different subject. Your life will be on hold until you get the GC so file ASAP.

You have completed the requirements of the K-1 visa by getting married before the I-94 expires. When it does expire you will be out of status and should you be out of status for more than 180 days, filing for advance parole (AP) would be worthless as you would not be allowed re-entery if you left the US. Until you get the GC you cannot work, cannot get a DL, cannot re-enter the US (you can always leave, but the idea is to return) and if you find yourself near the Southern border, you might be detained by CBP or LEO and it could end up with you in front of an immigration judge who will tell you to file the AOS and may give you a deadline to do so. Also the longer you wiat the more evidence of a bona fide marriage you will need. Right now it is a Marriage Certificate and living in the same place (at least that is what it was for us).

Good luck,

Dave

Thank you for the input, i will make sure that i would be able to file my AOS before my i-94 expired..

[Darnell 8,479]

I am still adjusting to the weather as it is sooo freaking cold here in MN..its just so boring coz m stuck inside the house 24/4...

MN sucks for cold weather in winter time ! Extra points for pink and lavender thermal body stockings ...

[Chuck & Chay 0]

MN sucks for cold weather in winter time ! Extra points for pink and lavender thermal body stockings ...

yeah right..its really very cold I am experiencing the opposite weather in the Philippines.. but its fun to see snowflakes falling from the sky..lol

[I AM NOT THAT GUY 5,715]

yeah right..its really very cold I am experiencing the opposite weather in the Philippines.. but its fun to see snowflakes falling from the sky..lol

Did your hubby tell you the trees are not dead, only sleeping? Do you believe him?