Timeline after POE

[Jamie H 0]

Hello all-

My fiancé entered the country on August 5th, and we are trying to wrap our heads around the paperwork and timelines from here. We realize that we have 90 days from the POE to get married, but we are unclear on the timescales given to submit a I 485 form. Does the i 485 need to be submitted and approved before the 90 day period has elapsed? Does the I-485 form need to be submitted within the 90 day period?

[gregcrs2 1,778]

The answers are NO and NO. You only need to be married within 90 days.

[Tom169 54]

The answers are NO and NO. You only need to be married within 90 days.

If you haven't filed for AOS by 90 days you will start to accrue an unlawful presence in the US, regardless of being married.

[me55592 1]

My fiance arrived in Apr 2013, we married in May of 2013 and filed I-485 Feb 2014,. She and her daughter was approved for 2 year green card in July 2014 we are now filing for 10 year green card. The sooner you file the I-485 the better off you are. Once you file I-485 and receive the Notice of action she will be back in status.

Edited August 15, 2016 by me55592

[Pitaya 2,577]

easily accessible at the top of the forum page. In particular, the K1 Flowchart: http://www.visajourney.com/content/k1flow

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related processes~

[Ash.1101 1,756]

My husband (then fiance) entered the US in December, we married in Feburary, we sent off the AOS package in April.

Yes, you will accrue overstay every day AFTER the 90th day has past (the day the I-94 expires), so it's best to do it as soon as possible, and yes, you can also send it before the 90 days is up. So if you get married on day 13 of 90, you can send off for AOS on day 20 of 90, no issues.

We've seen people who have overstayed after marrying for... such a long time, as in years, they AOS'd fine. Just always better to do it as soon as you can.