About filing AOS

[F & R 0]

I'm about to file AOS for my wife who came to United States on K1 visa. My question is, will it be a problem if we pass 90 days before we file? I mean do we have to file within 90 day after US entry. Will it cause any problem she pass 90 days before applying AOS? Because we are still in the process of collection all the documents.

[J & L 10]

I think you should get married within 90 days, and then file for the AOS.

Is AOS what you're talking about?

[KayDeeCee 4,893]

~ Moved from K-1 Process to AOS from Family Based ~

This is asked about a lot. You can do a search here on VJ and find lots of threads on this topic. If you marry within the 90 days, there is no deadline to file for AOS. However you should do so as soon as possible so the foreign spouse can be able to work and travel and re-enter the US. They will be out of status once the I-94 expires, but when you file for AOS, they will enter a new period of authorized stay. People file a few days, weeks and months after their I-94 expires and have no problems.

Edited June 20, 2013 by Jay-Kay

[F & R 0]

Thanks for the answer. We already got married!

[Dave&Roza 748]

I'm about to file AOS for my wife who came to United States on K1 visa. My question is, will it be a problem if we pass 90 days before we file? I mean do we have to file within 90 day after US entry. Will it cause any problem she pass 90 days before applying AOS? Because we are still in the process of collection all the documents.

Here is my response the last time this was asked:

There is no time limit to file for AOS. Once the I-94 expires you are in an out of status state and are accruing over-stay days. Once you hit 180 days you will not be allowed back into the country even with AP so filing for AP is worthless at that point. Once you pass a year after your original medical you will need to pay for a new medical from a Civil Surgeon. Should you wait until 2 years after the marriage, you should file the I-130 with the I-485 as a K-1 visa holder is not allowed a 10 year GC, but being married for more than 2 years allows your to qualify for a 10 year GC. So by filing the I-130 you eliminate that catch-22, but it does cost more. Also remember that you cannot travel outside of the US and return nor can you legally work until you have your AP/EAD and/or GC. So the sooner you file for AOS the sooner those arrive.

Now what should happen if you find yourself near one of the borders--ie southern or northern--and come upon a CBP check point and have to show your LPR status. They will take you in for questioning. They may even detain you depending on your documentation and their mood. At some point you may be hauled in front of an immigration judge who will tell you to file the AOS ASAP or may even issue a court order to file by a certain time. NOW you have a time limit to file and had better do so or you WILL be deported. Not a pleasant experience I am sure. So either file your AOS ASAP or do not travel by car near either border, but especially CA, AZ, NM, and TX.

Good luck,

Dave

[F & R 0]

Am not saying that we not going to file for AOS. My only question was, will it cause any problem or would they ask us why did we file AOS pass 90 days? we going to file as soon we collect all the documents and am worried we will pass the 90 day mark before I will be able to send in the packet to USCIS.

[KayDeeCee 4,893]

Am not saying that we not going to file for AOS. My only question was, will it cause any problem or would they ask us why did we file AOS pass 90 days? we going to file as soon we collect all the documents and am worried we will pass the 90 day mark before I will be able to send in the packet to USCIS.

No. There is no deadline to file, and so you will have no problems filing after the I-94 expires. You will not be asked about it or have a need to explain.