Adjustment of Status Deadline

[Jacquelyn_R 0]

Hello all,

My husband had entered the U.S. on a K-1 visa and we were recently married. We have everything prepared to send off for his green card, however we were just struck with a family emergency that looks like it will cause us some financial hardship. Due to this hardship, the extra money we had in place for his green card will basically be required for our living and bills for a little while. My question is, is there a real and concrete deadline for sending off AOS paperwork? I know that we are required to marry within 90 days, which we did, and I also know that the suggestion is to apply for AOS ASAP after getting married. However, I just need an answer as to whether or not he will be deported if we have to wait a couple of months to send in the paperwork.

If absolutely necessary, we can scrape together what we have to be able to afford this paperwork, but it would be incredibly helpful if we were able to postpone the work for a little while.

Once again, I understand that it is suggested that we file ASAP, however I just need to know whether or not there is an actual written deadline, as I have heard of multiple people who have applied past the I-94 expiration date and still have received their green card with no problems.

Thank you very much for your help ahead of time.

[JohnR! 5,495]

There are no deadlines and since you married withing 90 days, he is compliant with the conditions of his visa but he will be out of status at the expiration [of the 90 days]. The catch-22 is taht the longer you take to get his AOS to longer it will take for him to be able to get a job, thereby compounding the financial burden.

I would strive to make it happen as soon as possible.

Good luck!

Edited June 3, 2014 by Gegel

[Jacquelyn_R 0]

Thank you so much for your help! I understand with the work and everything, and once we get past this, we'll be okay financially. You gave me the exact answer I needed though. Thanks again.