Filing I-864 Adjustment of Status

[maschultz930 0]

We were married on December the 12th and we had until January 12th to do everything by I believe. She arrived October the 14th so January 12th would be 90 days. Does that time mean we have just 90 days to get married or 90 days to get married and file the I-485/I-864? We have it done now and sending it off tomorrow but is it going to be too late?

[baron555 934]

No, get married within 90 days only. AOS within the same period is great but not required. You're fine.

[MASH 172]

As long as you got married in those 90 days ur fine , you can now send the AOS whenever you like

I think imo it's best to do it soon that way u don't spend more money on more medical exams

[maschultz930 0]

So we were relaxed after reading these replies but just now we read this in the FAQ's of the http://www.visajourney.com/faq/k1k2visa-aos.html#6.1.

6.1)...How soon after we get married should we apply for Adjustment of Status?
A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

I thought we had a little breathing room...? We still have everything done but the cover page but what does this mean if not we need to send it ASAP or she is gone?

[aleful 1,905]

hi

that is the ideal, but not mandatory, some people have had to wait due to financial situations, and have filed 1 or 2 years later, and no issue

as others have said, the requirement is to marry within the 90 days and file the adjustment of status whenever ready

[PJH 0]

So we were relaxed after reading these replies but just now we read this in the FAQ's of the http://www.visajourney.com/faq/k1k2visa-aos.html#6.1.

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

I thought we had a little breathing room...? We still have everything done but the cover page but what does this mean if not we need to send it ASAP or she is gone?

Technically, she would be in the USA unlawfully UNTIL you file the AOS application. USCIS has far more pressing priorities than tracking down couples who are filing slightly late and who will otherwise probably qualify for a green card anyway.

The important point is that you were MARRIED within the 90 days. This is critical because otherwise you'd have to file an I-130 with your AOS application.

Take a few deep breaths and relax. The US government's priority is to ensure your marriage is a genuine one - not to nitpick over filing dates. Remember that these visas exist to bring families together. Provided your application is genuine, it's hard to imagine a couple of days delay in posting your application will cause you a problem.

[KayDeeCee 4,893]

So we were relaxed after reading these replies but just now we read this in the FAQ's of the http://www.visajourney.com/faq/k1k2visa-aos.html#6.1.

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS within 90 days or arriving. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, many experiences have shown this is not a major issue with local USCIS (INS) offices.

I thought we had a little breathing room...? We still have everything done but the cover page but what does this mean if not we need to send it ASAP or she is gone?

First, congrats on your marriage. Dec. 12th is a good date. My husband and I also married on that date, back in 2010.

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.

[maschultz930 0]

Thank you all. We have had a lot going on and it is hard to find a direct answer from anywhere but this site.