What is the Deadline to file for AOS?

[Not Available 0]

I agree, doesnt really help the stress level... I have now started to panic about my own.

[hcj 0]

I used my esp? Actually, I've seen this thread topic come up so many times and every time somebody says 'OMG you mean you haven't filed yet, you're gonna get deported!' or the equivelant...

LOL. I see what you mean now.

[micman 0]

So what is the time limit on filing an AOS for a K-1 visa holder who married within the 90 days after arrival to the US?

[Not Available 0]

I would think after the one month mark its starting to push it, you may not get into trouble but I would think its not wise to wait much longer... this is just what I think, dont stress, I could be wrong.

[hcj 0]

So what is the time limit on filing an AOS for a K-1 visa holder who married within the 90 days after arrival to the US?

This question was answered earlier in the thread.

There is no time limit. You can file ten years later and you will still be able to adjust. (ON EDIT: provided you are still married to the same USC yada yada)

HOWEVER

After the 90 days on your K-1, you are not in status if you do not file for AOS. By marrying within 90 days, you have fulfilled the requirements of the K-1 visa and are eligible to adjust status. But that's all that means. If you don't file AOS, you won't have any status. No status = overstay/unlawful presence

The clock starts ticking on your unlawful presence from day 91 after entry. (Clock stops ticking when USCIS accepts your AOS filing.) If you let it get up to 180 days AND you leave the US, you will trigger a three year bar. If you let it get up to 365 days AND you leave the US, you will trigger a ten year bar. Neither bar will be triggered if you do not leave the US. (ON EDIT: P.S. Many of are the opinion that one should not travel even if one has less than 180 days of overstay.)

That's why people say it's OK to file a little bit after the 90 days (if you have to), but not to wait too long and to file as soon as possible. You do not want to have a 3 or 10 year bar because then you won't be able to travel for any reason, with or without AP, unless you want to be stuck outside the US and start all over again, this time with a hardship waiver to boot.

Edited March 28, 2006 by hcj

[gimygirl 0]

sheesh .... couples have waited 12+ months and AOS'd successfully. once in the US and having married within the 90days ... any out of status time is forgiven once married to a USC.

get your panties out of a bunch now!

[scy 0]

sheesh .... couples have waited 12+ months and AOS'd successfully. once in the US and having married within the 90days ... any out of status time is forgiven once married to a USC.

get your panties out of a bunch now!

Read through this entire thread again. Find a quote where someone said you WILL be denied AOS or deported if you overstay on your K-1. There is a difference between CAN and WILL. You CAN be punished for any crime you commited. But whether or not you WILL be punished depends on a lot of factors that you can not predict, i.e., whether or not you're caught, the mood of the person prosecuting you, the amount of money you have, etc..

It is diservice to the readers of this forum to state that you WILL know the outcome of any crimes they have commited. You're neither a lawyer, you don't work for USCIS or ICE or the State Department.

I, like some others, was merely pointing out the potential consequences of any overstay. Whether or not those consequences will occur no one here will know for sure. But it's still a good idea to know about them before a person thinks of overstaying.

[gimygirl 0]

I, like some others, was merely pointing out the potential consequences of any overstay. Whether or not those consequences will occur no one here will know for sure. But it's still a good idea to know about them before a person thinks of overstaying.

you're right ... factual consequences SHOULD be made aware to everyone, but john q public also deserves to know that the likelihood of those consequences happening are almost nil.