AOS question

[oliviaalexandra88 9]

I was reading about AOS scenarios online, I was just wondering - what if we got married and we weren't able to file the AOS within those 90 days? Let's say it was a week late because we were waiting for the delayed marriage certificate, will that be a problem?

Do I have to go out of the country after getting married because my k1 has already expired?

Edited December 7, 2015 by oliviaalexandra88

[aleful 1,905]

hi

the k1 expires as soon as you get here

there is no set time to file the AOS, only to marry within the 90 days

obviously, the sooner you file for AOS, the better

there are people who have had financial troubles and have waited 2 years, I don't recommend that because you will be out of status

no problem in filing a week later

[aaron2020 11,651]

I was reading about AOS scenarios online, I was just wondering - what if we got married and we weren't able to file the AOS within those 90 days? Let's say it was a week late because we were waiting for the delayed marriage certificate, will that be a problem?

Do I have to go out of the country after getting married because my k1 has already expired?

Not a problem. Just remember that when the I-94 expires, you will be a visa overstay and out of status until the AOS is filed.

[Pitaya 2,577]

~Moved from Phil. Regional Forum to Fam.-based AOS Forum~

~Inquiry about AOS process, not country-specific~

[oliviaalexandra88 9]

Thank you for your insights. Do we need to have a big wedding for that or is it ok if we do a civil wedding with the judge? I am not really big on weddings, I am just excited to be with the man I love. That alone is a dream come true.

[aaron2020 11,651]

Does not matter what type of wedding you may have. Your choice.

[Jo Së 200]

Not a problem. Just remember that when the I-94 expires, you will be a visa overstay and out of status until the AOS is filed.

Correct except that there is not such thing as visa overstay with K1, just out of status after the 90 days.

[Hypnos 6,578]

K-1s can overstay just like anyone else. Whether they marry or not, they are out of status from the day their I-94 expires to the day their I-485 is accepted for processing by USCIS.

[KayDeeCee 4,896]

Correct except that there is not such thing as visa overstay with K1, just out of status after the 90 days.

Incorrect. Out of status means they overstayed their visa. When they are out of status, they are accruing overstay.

OP> Don't leave the US before applying for AOS and receiving AP or your green card first. If you leave, you will no longer be eligible for AOS and would have to start again with the spousal visa process to get back in the US. You will most likely have zero issues waiting a week or 2 after your I-94 expires before filing for AOS.

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

[oliviaalexandra88 9]

THIS IS AWESOME INFORMATION, THANK YOU ALL <3

[Tahoma 2,292]

When you are out of status, you may want avoid the CPB check points in the U.S.