Aos after 90 days of arrival

[Tony23 11]

Well I did get married and my 90 days is up dec 21.

Can someone tell this please.

What happens if I Apply for aos later on for both her and her child. Like 2 more months.

[lala7500 8]

You are suppose to apply for aos within the 90days period. Not after I can't imagine anything good if u do it after

[Lynkali 163]

The above is incorrect -- there is no specific rule that says you have to apply for AOS before the 90 days are up. As long as you've gotten married in that time frame, you've fulfilled the requirements of the K-1 visa and can adjust status at any point thereafter.

However, it IS recommended to file AOS as soon as reasonably possible. Technically speaking, you are in a period of "authorized stay" but do not yet have any residency, and waiting too long could cause problems later (especially when traveling abroad with advanced parole). Could also be messy if you ever needed to prove your legal presence, such as at an internal CPB checkpoint. You aren't illegally present, but you don't have documentation to prove your status so it's a weird limbo period until your AOS is filed.

The longer you wait, the longer everything will take -- getting work permits, travel authorization, even drivers' licenses and things like that. Apply as soon as you can, but don't panic if it goes past the 90 days.

[Dave&Roza 748]

You are suppose to apply for aos within the 90days period. Not after I can't imagine anything good if u do it after

This is not correct. You have 90 days to get married. After that you file for AOS. There is no time limit to filing. If you wait until your medical expires than you will have to pay for a new medical. If you wait until the 2 year wedding anniversary you enter a gray area of being eligible for a 10 year GC, but the K-1 MUST receive a 2 year GC, so it is highly recommended that you file the I-485 and the I-130 together. After the I-94 expires you are accruing overstay days and it has been argued that if you have more than 180 days and try to use the AP you will be denied re-entry to the US. Also, should you find yourself near one of the borders and a CBP pulls you over for inspection and you cannot prove that you are in the US lawfully, you will be detained and hauled in front of an immigration judge who will tell you to file AOS and may give you a court order to do so by a certain time or you will be deported. You delay becoming a LPR, you delay when you can become a USC, in most states you delay being able to drive. You delay when you can work.

Good luck,

Dave

[Hypnos 6,576]

Technically speaking, you are in a period of "authorized stay"...You aren't illegally present

This is not the case. K-1s go out of status as soon as their I-94s expire, the same as anyone else with an I-94 that has a defined expiration date.

There is no deadline to file for AoS for a K-1, provided they married their petitioner within 90 days of PoE and are still married to them, but they do go out of status and could, theoretically, be detained and deported by ICE. For this reason it's recommended to file for AoS as soon as possible.

Edited December 1, 2013 by Hypnos

[lala7500 8]

OK my bad ,,,guess I got the wrong information I have ask this and they told me I should apply for aos within the 90days

[KayDeeCee 4,893]

Well I did get married and my 90 days is up dec 21.

Can someone tell this please.

What happens if I Apply for aos later on for both her and her child. Like 2 more months.

There is no deadline to file, but you should file as soon as possible because they will be out of status one their I-94 expires.

You are suppose to apply for aos within the 90days period. Not after I can't imagine anything good if u do it after

Not true. There is no deadline to file for AOS as long as you married within the 90 days of entry.

However, it IS recommended to file AOS as soon as reasonably possible. Technically speaking, you are in a period of "authorized stay" but do not yet have any residency, and waiting too long could cause problems later (especially when traveling abroad with advanced parole). Could also be messy if you ever needed to prove your legal presence, such as at an internal CPB checkpoint. You aren't illegally present, but you don't have documentation to prove your status so it's a weird limbo period until your AOS is filed.

No, technically speaking, once the I-94 expires, they are out of status. They are not in a period of authorized stay unless they apply for AOS. When you apply for AOS, then you are in a new period of authorized stay and can show your I-485 receipt notice as proof of legal status in the US.