AOS

[EstelaGuerrero 0]

Do I have to apply for an adjustment  of status before our 90days is over. We have entered the US and we will be getting married this weekend. Can we file after the 90days. 

[payxibka 10,047]

1 minute ago, EstelaGuerrero said:

Do I have to apply for an adjustment  of status before our 90days is over. We have entered the US and we will be getting married this weekend. Can we file after the 90days. 

You can file when you are ready even if after the 90 days.  Best advice is always the sooner the better 

[Perfect two 💑 1,147]

27 minutes ago, EstelaGuerrero said:

Do I have to apply for an adjustment  of status before our 90days is over. We have entered the US and we will be getting married this weekend. Can we file after the 90days. 

You can file after 90 days. However, the sooner you file is better. Your K-1 visa will expired after 90 days. In between 90 days until you file for AOS, you will be out of status. 

[Ben&Zian 4,398]

To clarify, your K-1 expires the moment you entered the US. It was technically voided and you are lawfully present with the I-94. 

 

You HAVE to marry within the 90 days; but technically, you can apply for AOS (through the same petitioner and spouse, this is key) years later... but just try to submit the AOS as soon as you can because after the 90 days, the I-94 expires and you become unlawfully present.

[geowrian 22,338]

As noted, to remain int he US legally you must marry and file for AOS within 90 days.

If you marry within 90 days and file for AOS after 90 days, your AOS process will continue just the same as above.

If you marry and don't file for AOS after 90 days, you could potentially be put into removal proceedings just like anybody overstaying a visa. It's not likely but very far from impossible as well.

The only advice in accordance with the VJ TOS would be to file within the 90 days.

[payxibka 10,047]

Just now, geowrian said:

As noted, to remain int he US legally you must marry and file for AOS within 90 days.

If you marry within 90 days and file for AOS after 90 days, your AOS process will continue just the same as above.

If you marry and don't file for AOS after 90 days, you could potentially be put into removal proceedings just like anybody overstaying a visa. It's not likely but very far from impossible as well.

The only advice in accordance with the VJ TOS would be to file within the 90 days.

If you marry on day 90, how is it possible to file that very same day.   Secondly,  what was the TOS violation you are referring to?

[C-ma'am 684]

**Post moved from K1 Process to AOS from family visas. Question is related to that process.

[geowrian 22,338]

Just now, payxibka said:

If you marry on day 90, how is it possible to file that very same day.   Secondly,  what was the TOS violation you are referring to?

That would be an issue....hence why it's not recommended to wait 90 days to marry.

 

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. "

Any advice to file after 90 days would fall into the condoning or instructing to commit illegal immigration activities (overstay) category. Like saying "if somebody files after 90 days, they can still AOS fine" is just stating a fact. Saying it's fine to overstay and file AOS later would cross that line IMO (but I'm not a mod so take that with a grain of salt).

[C-ma'am 684]

My 2 cents. Correct me if I'm wrong but, in the past, while not recommended, staying out of status was not the end of the world (although there are too many cons to count). Worst-case scenario if you were detained, you would go in front of an immigration judge and be told to adjust. No biggie. -Nowadays, in the current climate, where they are deporting people left and right, I wouldn't take the chance.

 

 

[payxibka 10,047]

10 minutes ago, geowrian said:

That would be an issue....hence why it's not recommended to wait 90 days to marry.

 

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. "

Any advice to file after 90 days would fall into the condoning or instructing to commit illegal immigration activities (overstay) category. Like saying "if somebody files after 90 days, they can still AOS fine" is just stating a fact. Saying it's fine to overstay and file AOS later would cross that line IMO (but I'm not a mod so take that with a grain of salt).

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