Can you apply for adjustment of status after the 90 day period of entering into the US?

[abibae 2]

My husband came on K1 Visa and he has been here for less than a month, but we are a bit strained on money at the moment so we can't afford to pay the AOS fee, I'm sure we can get money within the three months but i was wondering, will we get into some sort of problems if we do not apply for AOS within the 90 day period? We are already married and he will be applying for the SSN soon, so will there be any problems?

Thanks!

[VanessaTony 3,567]

Once the 90 days are over he is accumulating out-of-status days. He is technically deportable (but that isn't likely, he can be detained but as your spouse he would be ordered to AOS immediately) so he should avoid traveling too close to borders

He cannot work, he cannot leave the US (and re-enter) until after he has filed and received his EAD/AP. Depending how long it takes to get the money he may not be able to leave the US until after he gets the GC (which is taking around 6+ months I believe). He also can't get a driver's license in most states until he has his EAD/AP.

I would take out a loan if you can to file asap. Yes you'll end up paying more in the end if you get a loan, but he can get the EAD in 60-90 days and help you pay off the loan. Or borrow from family/friends.

Strictly relating to AOS though, no. Waiting does not have an affect on your processing. I waited 4 months after mine expired for many reasons. I was processed within normal timeframes for that period and approved without RFE or interview.

[NikLR 13,227]

As V&T mentioned, he won't be legally able to work or leave the country until he receives the EAD and AP.

[Lisa Anderson 0]

My husband came on K1 Visa and he has been here for less than a month, but we are a bit strained on money at the moment so we can't afford to pay the AOS fee, I'm sure we can get money within the three months but i was wondering, will we get into some sort of problems if we do not apply for AOS within the 90 day period? We are already married and he will be applying for the SSN soon, so will there be any problems?

Thanks!

Technically speaking, once the 90-day period is over, you are considered out of status and become deportable. The earlier you are able to file the AOS, the better.

Here are some helpful links about Adjustment of Status:

http://www.visapro.com/Immigration-Articles/?a=1598&z=36

http://www.uscis.gov/USCIS/Resources/A2en.pdf

[Pinkrlion 2,716]

I understand your financial situation, but since you live in Seattle, there is a high probability that you will get an interview and have his GC quickly, so try to save it or borrow it and pay the 1070.00. If he is here for more than 180 before you file, do not apply for AP, because he is not eligible for it. Remember he cannot leave the US without his GC.

[Dave&Roza 748]

My husband came on K1 Visa and he has been here for less than a month, but we are a bit strained on money at the moment so we can't afford to pay the AOS fee, I'm sure we can get money within the three months but i was wondering, will we get into some sort of problems if we do not apply for AOS within the 90 day period? We are already married and he will be applying for the SSN soon, so will there be any problems?

Thanks!

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