Called USCIS AOS must be done within the 90days?!!

[VisaParaUnSueno 9]

Hello Fellow VJ's my Fiance's 90 days are coming to an end on April 9th. He told me that he was advised in the Embassy if he does not do the AOS within the 90 days he can get in trouble; so I called the USCIS and they advised and recommended to do it before his 90 days are up because they can't guarantee him not having a problem... I asked will that be a problem if he did it after the 90 days; she said she can't advise it all depends on our situation but she wouldn't advise to do so. I was confused about this because most VJ's have mentioned that the 90 days were strictly to get married and not do all of it at once within that 90 day timeframe. We got Married on May 1st. We just want to make sure and file ASAP if this is the case we just don't have all the means at the moment until maybe another month. I appreciate any clarification and help on this subject.

Edited March 15, 2014 by VisaParaUnSueno

[Lainie B 465]

It's exactly that - it's recommended since once the 90 days is up you are out of status. Filing the AOS puts you into a period of authorised stay.

I take it you mean you got married on March 1st not May 1st.

[Merrytooth 5,748]

You should read this thread to get yourself better educated about AOS process.

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

Summary:

K1 visa requirement is to get married within 90 days.

but marriage to US citizen itself does not give the immigrant any legal status

Once I-94 expires, you are out-of-status, deportable.

When you file for AOS, you are in a period of authorized stay as granted by the Attorney General.

In short, please file for AOS asap.

[No name 88 48]

Why is getting married and filing the AOS within 90 days an issue?

[Merrytooth 5,748]

Why is getting married and filing the AOS within 90 days an issue?

I could think of some scenarios :

~ planning a wedding within 90 days. By the time to get all the forms and marriage certificate ready, 90 days have already passed

~ not enough money after paying for the I-129F/K1 visa processes, and flight to US.

~ due to unforeseen circumstances, the AOS money has to be used for other emergencies

~ ignorance/false belief that as long as they get married within 90 days to US citizens, they are safe from deportation.

I would suggest K1 holder to marry (just sign the marriage paper first, then have the wedding later) and send in AOS asap.

Another risk of not getting married asap, is that should the US Citizen Petitioner dies before they get married, K1 holder has no way of adjust status in US.

[belinda63 3,047]

You can file for AOS anytime you want as long as you married within 90 days BUT

the intending immigrant will be out of status when the I-94 expires until you file for and have the NOA-1 for the AOS filing

They will be subject to detention and deportation proceedings.

Save yourself the possible stress and money and just file for AOS before the I-94 expires.

[VisaParaUnSueno 9]

I could think of some scenarios :

~ planning a wedding within 90 days. By the time to get all the forms and marriage certificate ready, 90 days have already passed

~ not enough money after paying for the I-129F/K1 visa processes, and flight to US.

~ due to unforeseen circumstances, the AOS money has to be used for other emergencies

~ ignorance/false belief that as long as they get married within 90 days to US citizens, they are safe from deportation.

I would suggest K1 holder to marry (just sign the marriage paper first, then have the wedding later) and send in AOS asap.

Another risk of not getting married asap, is that should the US Citizen Petitioner dies before they get married, K1 holder has no way of adjust status in US.

Perfect answer thank you

[VisaParaUnSueno 9]

thank you so much for everyones input we will file asap so just as long as he is in the system for aos or they have received our petition than we should have no worries...?

[Merrytooth 5,748]

Yes

[Avery Cates 1,141]

thank you so much for everyones input we will file asap so just as long as he is in the system for aos or they have received our petition than we should have no worries...?

Once you get the NoA 1 you'll be good. Keep it, a copy of your marriage certificate, and the finacee's passport with them at all times.

[Fabian&Rossy 120]

I would suggest K1 holder to marry (just sign the marriage paper first, then have the wedding later) and send in AOS asap.

Another risk of not getting married asap, is that should the US Citizen Petitioner dies before they get married, K1 holder has no way of adjust status in US.

Great advise! I also say this when people ask me about K-1s. Take care of the legal stuff first. I always say if possible, stop by the court on the way back from the airport and get hitched then file AOS asap. No AOS money? Borrow from someone or put it on a credit card but file it asap. There is just too much at stake. On the other side, there are no such risks when delaying a wedding ceremony, reception party, honeymoon, etc. Just my humble two cents.

[NathanAndLiza 2]

Why is is so hard for people to get married within the 90 day period? there better be a good explaination why you didn't get married within the 90 day window but as required you are to get married prior to what Immigration says. Take care of this ASAP. You went through all the time to get your fiance here so don't go through the whole petition process again.

[belinda63 3,047]

It has nothing to do with getting married in 90 days. Usually that isn't the problem (but the K-1 must marry within 90 days to file AOS as a K-1 otherwise it will be the I-130 concurrent with the I-485).

You should file for AOS (green card) within 90 days of arrival. Sometimes given the length of time it takes to receive the marriage certificate, which must be submitted with the AOS, you are pushing the 90 day limit. Especially if you have a planned wedding that may take place say 60 days after arrival. There is not cut and dried requirement to file for AOS prior to the I-94 expiring but there could be consequences if you don't.

[Avery Cates 1,141]

Why is is so hard for people to get married within the 90 day period? there better be a good explaination why you didn't get married within the 90 day window but as required you are to get married prior to what Immigration says. Take care of this ASAP. You went through all the time to get your fiance here so don't go through the whole petition process again.

This thread isn't about getting married, it's about when to file for the AoS.

The obvious answer is always as soon as possible. The repercussions that some people are unaware of (including myself until recently) is that if you haven't submitted the paperwork before the beneficiaries I-94 expires, then there's this awkward gray area where the conditions of the visa have been met, but the beneficiary will be out of status after the I-94 expires and technically detainable and deportable.