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Mrsjackson

Pros and cons of filing AOS a little late?

By Mrsjackson in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Crazy Cat Grand Master

Crazy Cat   42,118

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3 minutes ago, LiliBurd said:

Just an observation... K-1 Visa gives you 90 days to get married not to file for AOS

Incorrect observation.  If a K-1 spouse does not file for AOS before his/her I-94 expires (90 days), he/she is in unlawful presence.....I don't understand why this is so hard to understand.......if a K-1 fiance marries within 90 days, he/she has fulfilled the requirement to marry within 90 days......but that does NOT prevent the K-1 spouse from being in illegal stay status after expiration of the I-94........only filing AOS will do that....

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Roel
Roel

Pro - the sooner you start, the sooner you will receive work permit, green card, etc. It takes months after all .    Con - the longer you wait, you can get out of status and be deportable. 

geowrian
geowrian

To be fair, the result is not having a legal status either way. The main item is you would be eligible for AOS so an IJ would be more likely to cancel removal hearings if you agreed to file for AOS. B

Jojo92122
Jojo92122

Pros - none.   Cons - you would be out-of-status and deportable.  Unlikely to be deported, but you would be living here illegally.  Under the Trump administration, nothing surprises me anymo

Ben&Zian Experienced

Ben&Zian   4,398

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4 minutes ago, missileman said:

Incorrect observation.  If a K-1 spouse does not file for AOS before his/her I-94 expires (90 days), he/she is in unlawful presence.....I don't understand why this is so hard to understand.......if a K-1 fiance marries within 90 days, he/she has fulfilled the requirement to marry within 90 days......but that does NOT prevent the K-1 spouse from being in illegal stay status after expiration of the I-94........only filing AOS will do that....

 

Simple things can be overly complex to some I suppose... 

08/15/2014 : Met Online

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From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

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Ban Hammer Grand Master

Ban Hammer   13,491

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as the op has received constructive advice and this thread has derailed into a political discussion, it is now closed.

the op may restart this topic should further advice be needed.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

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