filing aos after 90 days

[Ashley903 7]

As long as you are married before the 90 day expiration you will be ok filing aos after--yes you will be considered an "overstay" or "out of status" but the likelyhood of any removal proceedings are slim to none--you honored the condition of the k1 visa by marrying--you will NOT have to file an I-30 along with the aos docs.

I filed my husband's AOS on 3/21 and his 90 days expired on 3/3--they accepted our case and will be going to his biometrics appointment on 4/22

relax!

Edited April 18, 2014 by Ashley903

[Avery Cates 1,141]

Does anyone here filed for AOS after 90 days?

Is there any difference if you file before or after 90 days of arrival?

You can wait until after 90 days, but after the I-94 expires, you can technically be deported at any time. I would be especially cautious of this if you were in or near a border state. You're able to be deported after I-94 expiration until you receive your NOA 1 in the mail for the AoS, at which time you're put into a new period of authorized stay until your petition is adjudicated.