AOS Time sensitive Question

[Alec619 0]

Hello everyone. I am planning on marrying my K1 fiance around day 85+- of the maximum 90 day requirement. My question is...how long after I marry do I have to complete and mail out the AOS paperwork? Is it also due on or before the 90 days? Supporting evidence like joint accounts, copies, pictures and just filling out docs is going to happen as soon as we get married but I'm afraid of the time crunch. 

[Cyberfx1024 7,980]

1 minute ago, Alec619 said:

Hello everyone. I am planning on marrying my K1 fiance around day 85+- of the maximum 90 day requirement. My question is...how long after I marry do I have to complete and mail out the AOS paperwork? Is it also due on or before the 90 days? Supporting evidence like joint accounts, copies, pictures and just filling out docs is going to happen as soon as we get married but I'm afraid of the time crunch. 

You can send in the paperwork for the AOS anytime after you get married, but you HAVE to get married BEFORE the 90 day window. Your wife will then be deportable after the 90 day window but in reality this NEVER HAPPENS SO DON'T WORRY. So please stop worrying because you will be fine. 

[Alec619 0]

6 minutes ago, Cyberfx1024 said:

You can send in the paperwork for the AOS anytime after you get married, but you HAVE to get married BEFORE the 90 day window. Your wife will then be deportable after the 90 day window but in reality this NEVER HAPPENS SO DON'T WORRY. So please stop worrying because you will be fine. 

Thanks for the info. Just for clarification, the future wife will not be deportable as long as we marry with the 90 days? While we wait for AOS to happen is she still legal?

[Ben&Zian 4,398]

12 minutes ago, Alec619 said:

Hello everyone. I am planning on marrying my K1 fiance around day 85+- of the maximum 90 day requirement. My question is...how long after I marry do I have to complete and mail out the AOS paperwork? Is it also due on or before the 90 days? Supporting evidence like joint accounts, copies, pictures and just filling out docs is going to happen as soon as we get married but I'm afraid of the time crunch. 

 

Like above... always is recommended to send it off as soon as possible, especially knowing you had to do this before hand... but as mentioned also, you can technically wait years and then submit for the AOS and should be fine... just do know that at the 90 days, the I-94 expires and your spouse will be out of status, and yes technically deportable as they will be unlawfully present. Regardless of being married, they will begin accumulating overstay. Again this is forgiven upon AOS so obviously the sooner the better.

Edited August 20, 2018 by Ben&Zian

[Cyberfx1024 7,980]

2 minutes ago, Alec619 said:

Thanks for the info. Just for clarification, the future wife will not be deportable as long as we marry with the 90 days? While we wait for AOS to happen is she still legal?

After the 90 days and you have NOT filed for AOS then she will not be legal. But in all actuality no one will come after her to deport her so please do not worry. The only thing is that she will not be able to do anything until after you file for AOS/AP/EAD and receive the AP/EAD paperwork so that she can work. We have had cases here on VJ where people haven't filed for AOS for their spouse for YEARS and yes I mean YEARS then wonder why their spouse is mad at them for not filing. Since you live in San Diego to then I would file for AOS as soon as you can in case you go through any CBP checkpoints together. I filed for my wife's AOS 60 days after the 90 day window was up and there was no issue at all. 

[Crazy Cat 42,112]

10 minutes ago, Alec619 said:

Thanks for the info. Just for clarification, the future wife will not be deportable as long as we marry with the 90 days? While we wait for AOS to happen is she still legal?

She is deportable from day 91 until she files AOS.  At that time she has no legal status, but will be granted "authorized stay" while the I-485 is pending.

[Diane and Chris 651]

According to your timeline you were approved August 2015. Is this accurate?  

[Alec619 0]

1 hour ago, Diane and Chris said:

According to your timeline you were approved August 2015. Is this accurate?  

Yes, I haven't updated my timeline in a while. We where approved however at the interview we had a problem and needed to complete a waiver which took an additional 15 months and I hired a lawyer for that . My fiance and step daughter entered on k1 k2 this June.

[Diane and Chris 651]

28 minutes ago, Alec619 said:

Yes, I haven't updated my timeline in a while. We where approved however at the interview we had a problem and needed to complete a waiver which took an additional 15 months and I hired a lawyer for that . My fiance and step daughter entered on k1 k2 this June.

I would say the sooner you adjust, the better. It’s taken you guys so long to get to where you are. I wouldn’t jeopardize anything by waiting. Best of luck and congratulations!