Applying for AOS after 3 months. Worried

[Avary 0]

Hi, I arrived with a K1 visa and got married in 90 days. My husband and I still took time to compromise and adapt each other's living style after the registration. Then we decided to apply for my adjustment of Status finally, but it is already 3 months after our marriage. I know that many couples will finish marriage and submission I-485 within 90 days. Is that ok we fill in forms and continue the procedure like other couples or we need to renew my I-94 form before we move next? (As we need I-94 record number for I-485 but the date on it is expired). Please advice, many thanks.

[newacct 688]

I-485 can be filed after any amount of time ... months, years ... how long you wait has no effect on the I-485 itself. It's just an issue of how long you're willing to be out of status (and deportable).

It's not possible to "renew" the I-94.

Edited May 15, 2016 by newacct

[caliliving 606]

you are ok.. i waited over 2 years after marriage to file the AOS! it is expensive

just do not under any circumstance leave the country!!!!

[Avary 0]

Newacct n calilivinh, thanks for all your advice!

On I-94, the departure date is expired, can I still quote i-94 record number on I-485 as it means this form is not valid anymore.

And am I not eligible to apply SSN?

[caliliving 606]

you write down the i94 and the expiry date!

it is ok that it expired!

that is what you need to understand.. as long as you got married within the 90 days to the person that petitioned for you (which is rules of K1 visa) you can stay 5+ years but you need to marry the person that petitioned you on the K1!

overstay IS forgiven when married to a US citizen! so the us gov does not care that your i94 expiry date was 2 years ago or 2 weeks ago

[Pitaya 2,577]

Newacct n calilivinh, thanks for all your advice!

On I-94, the departure date is expired, can I still quote i-94 record number on I-485 as it means this form is not valid anymore.

And am I not eligible to apply SSN?

The sooner you start the AOS process the better. You are essentially in a state of limbo, if you leave the country now, you likely have no easy avenue for getting back into the US. You cannot apply for a driver's license, you cannot apply for a SSN. I would advise you to stay away from the southwest border, particularly in Texas. There are known mobile CBP checkpoints. If you are stopped at one of them, you will very likely be detained, and may have to appear before an immigration judge.

You have put yourself in an immigration area where there are few, if any, positive opportunities; and a lot of potential problems.

File your paperwork.

[caliliving 606]

The sooner you start the AOS process the better. You are essentially in a state of limbo, if you leave the country now, you likely have no easy avenue for getting back into the US. You cannot apply for a driver's license, you cannot apply for a SSN. I would advise you to stay away from the southwest border, particularly in Texas. There are known mobile CBP checkpoints. If you are stopped at one of them, you will very likely be detained, and may have to appear before an immigration judge.

You have put yourself in an immigration area where there are few, if any, positive opportunities; and a lot of potential problems.

File your paperwork.

dont scare the poor guy! LOL! yes, file the paperwork.. but honestly, their are so many illegal immigrants in this country! unless you do something bad, i doubt you will be deported!

[Ortolan 381]

Don't worry about it; you just have to MARRY within 90 days (~3 months)...you don't have to file AOS within 90 days.

But go ahead and do it. You're kind of stuck at home, unable to travel outside the U.S. (and be able to get back in) until you get that AOS processed.

[NikLR 13,227]

dont scare the poor guy! LOL! yes, file the paperwork.. but honestly, their are so many illegal immigrants in this country! unless you do something bad, i doubt you will be deported!

It's important to know the consequences of your actions should you choose not to AOS right away. It's not scare mongering, it's reality.

[acrossoceans 8]

Don't worry about it; you just have to MARRY within 90 days (~3 months)...you don't have to file AOS within 90 days.

But go ahead and do it. You're kind of stuck at home, unable to travel outside the U.S. (and be able to get back in) until you get that AOS processed.

I read that you have to start the process prior to the 90 days being up otherwise you'll be deported.

[NikLR 13,227]

I read that you have to start the process prior to the 90 days being up otherwise you'll be deported.

No you won't just magically be deported. You're deportable. There's a difference. You no longer have legal status once the I-94 expires but if you've married before the 90 days are up, then most likely you'll be told to just hurry up and AOS if questioned by CBP. However there is the chance they would decide to just put you into immigration proceedings as well since you no longer have legal status.

[KayDeeCee 4,893]

I read that you have to start the process prior to the 90 days being up otherwise you'll be deported.

Then you read some incorrect information somewhere that was not from US immigration law or the USCIS.

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.

I have not heard of anyone being deported. I have heard of people getting picked up by ICE for being out of status, but never heard of them actually being deported. They would most likely be told to file for AOS immediately, since they are eligible to do so. If anyone knows of a case where someone entered on a K-1 visa, was out of status, got detained by ICE and then actually ordered to be deported by an IJ, please let me know.

You should want to file as soon as possible so you can be able to work, travel and re-enter when you need to, attend schools, get a drivers license, etc. Getting detained by ICE is a possibility, but it is low on the totem pole of reasons to file for AOS as soon as you can.

[acrossoceans 8]

Then you read some incorrect information somewhere that was not from US immigration law or the USCIS.

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.

I have not heard of anyone being deported. I have heard of people getting picked up by ICE for being out of status, but never heard of them actually being deported. They would most likely be told to file for AOS immediately, since they are eligible to do so. If anyone knows of a case where someone entered on a K-1 visa, was out of status, got detained by ICE and then actually ordered to be deported by an IJ, please let me know.

You should want to file as soon as possible so you can be able to work, travel and re-enter when you need to, attend schools, get a drivers license, etc. Getting detained by ICE is a possibility, but it is low on the totem pole of reasons to file for AOS as soon as you can.

I can't remember where I read it. Not sure if it was here on this site or what but freaked me out thinking I need to get that started before the 90 days is up. Pretty sure it wasn't some random site but if course I started researching and decided to see but my question was taken out. I don't want anything to come up where her would be deported. Of course we plan to adjust status asap but sounded like we needed that started asap prior to the 90 days being up.

[Lozalex 2]

you are ok.. i waited over 2 years after marriage to file the AOS! it is expensive

just do not under any circumstance leave the country!!!!

Hi Caliliving,

I'm in the same position. It's so expensive to file for AOS, we are really struggling to get the funds together for this part. I'm currently 3 months 'out of status' and not planning on leaving the country. Just out of curiosity as you waited so long to send off the forms, did you encounter any problems once you did file the AOS?

Thanks,

Lauren

[caliliving 606]

Hi Caliliving,

I'm in the same position. It's so expensive to file for AOS, we are really struggling to get the funds together for this part. I'm currently 3 months 'out of status' and not planning on leaving the country. Just out of curiosity as you waited so long to send off the forms, did you encounter any problems once you did file the AOS?

Thanks,

Lauren

good question. i was worried as well, but no, they didnt ask why we waited so long to file.. they asked zero questions! haha our interview was like 5min and only one quesiton.. literally the USCIS interview person ONLY cares that your marries is real and legit.. and that is what they interview for.. they dont care that you waited a year, or 2 years or 10 years to file paperwork.. haha i know it isnt the most ideal situation, but it happens!

honestly, i was not worried at all! i traveled all through the USA during this time and never worried haha i guess it sounds long, but when you are so busy working and all that it flew by.. also, we saved the $500 on ROC! so if you apply when you are 2yrs marries you dont have to get the conditional card.. so like after waiting a year and a bit, we figured just to wait until after the 2years to send it in to save money.