Married within 90 days, but haven't filed for AOS.

[Ben&Sara 3]

So, my wife and I were married September 5th and have had our paperwork ready since then, we've only been waiting on my wives uncle to finish his Affidavit of Support, he only just filed for his federal tax return transcript which takes 5-10 business days. We have until tomorrow (November 25) before the I-94 expires and I'm out of status. My question is, will we still be able to file for AOS and will we be okay?

The only text I could find on the USCIS website was the requirement to MARRY within 90 days, it said nothing about filing in 90 days.

Thank you for your time and consideration, we're incredibly nervous and scared.

Ben and Sara.

Edited November 24, 2015 by Ben&Sara

[MariaR323 199]

I'm not that familiar (yet) with the AOS process and the required docs but I believe if you go past the 90days without filing for AOS you'd be considered "out of status". As to the repercussions of that I'm not sure.

What I can help you with is this... if your wife's uncle filed his tax return a while ago and he simply is waiting on the transcript he can walk in to a local IRS taxpayer assistance center for a copy. If your profile is right and the uncle is in/near Northridge, I believe the closest might be Van Nuys.

Here's the list of CA offices: https://www.irs.gov/uac/Contact-My-Local-Office-in-California

~Maria

[Ben&Sara 3]

I'm not that familiar (yet) with the AOS process and the required docs but I believe if you go past the 90days without filing for AOS you'd be considered "out of status". As to the repercussions of that I'm not sure.

What I can help you with is this... if your wife's uncle filed his tax return a while ago and he simply is waiting on the transcript he can walk in to a local IRS taxpayer assistance center for a copy. If your profile is right and the uncle is in/near Northridge, I believe the closest might be Van Nuys.

Here's the list of CA offices: https://www.irs.gov/uac/Contact-My-Local-Office-in-California

~Maria

Thank you for your help, we really appreciate it!

[SparklePony 238]

The requirement for a K1 visa is marriage within 90 days. AOS has no timing requirement, it's just that it's advantageous to do it asap. You'll get the NOA1 soon enough, and once you do, you enter a period of authorized stay. Between the end of the 90-day period and the NOA1 you are, in effect, illegal, but honestly, I wouldn't sweat it too much unless you tend to do business along the Mexican border.

Talk to the uncle and explain how fast you need to get the papework in.

[Zedayn 485]

There is no time limit for filing AOS. You can still file the AOS even after your 90 days is up.

[Ben&Sara 3]

The requirement for a K1 visa is marriage within 90 days. AOS has no timing requirement, it's just that it's advantageous to do it asap. You'll get the NOA1 soon enough, and once you do, you enter a period of authorized stay. Between the end of the 90-day period and the NOA1 you are, in effect, illegal, but honestly, I wouldn't sweat it too much unless you tend to do business along the Mexican border.

Talk to the uncle and explain how fast you need to get the papework in.

There is no time limit for filing AOS. You can still file the AOS even after your 90 days is up.

Thank you both, so very much. You don't understand how relieved that makes us!

Ben and Sara

[Advanced Aardvark 82]

So, my wife and I were married September 5th and have had our paperwork ready since then, we've only been waiting on my wives uncle to finish his Affidavit of Support, he only just filed for his federal tax return transcript which takes 5-10 business days. We have until tomorrow (November 25) before the I-94 expires and I'm out of status. My question is, will we still be able to file for AOS and will we be okay?

The only text I could find on the USCIS website was the requirement to MARRY within 90 days, it said nothing about filing in 90 days.

Thank you for your time and consideration, we're incredibly nervous and scared.

Ben and Sara.

We had an 'interval' between expiration of the I-94 and filing for AOS and it was not a problem.

If you intend to file for Citizenship, the delay in filing for AOS will extend your three year window since your permanent residence status will not begin until AOS is granted.

I remember when Olga and I were at your stage in the process; it was exciting and scary. Take a deep breath and prepare for a test of your endurance.

VJ is a great resource with a wealth of helpful and knowledgeable people. You will have plenty of support along the way.

Good luck!