I have a question regarding AOS

[Jmdawn2028 11]

Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

[payxibka 10,045]

Just now, Jmdawn2028 said:

Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

In the strictest sense,  you should file for AOS before the end of the 90 days after entry or if you didn't,  as soon as you can 

[Crazy Cat 41,845]

If her I-94 has expired, she is subject to removal.  But once she files the I-485, she will be granted "authorized stay" while the I-485 is being adjudicated.  I have yet to see a good reason to delay......

[Jmdawn2028 11]

She came her feb 19 so the 90days its gonna be May 19 then her visa expired is June 19 so still okey to apply right? Until when 2months 4months coz right now I’m just fixing and I’m working it’s kind a hard for me coz I just start to my new job... 

[Ben&Zian 4,398]

10 minutes ago, Jmdawn2028 said:

Is it ok to file AOS a year after we got married? Coz my wife she came her feb 19 and her visa expired June 19 but right now I’m doing her paperwork, I was wondering they have certain date for how many months or any time please help me coz I’m confuse thanks 

 

As others have noted, as once her I94 expires she is out of status and subject to removal regardless of being married to you. There's no benefit in waiting for AOS.  And yes, you can file anytime, but this should have been long planned out way before even submitted the I-129f petition to be honest.

Edited June 3, 2019 by Ben&Zian

[EandS2019 389]

You are good to file AOS. It's preferred you submit it ASAP so that your wife has an authorized stay.

[Crazy Cat 41,845]

There is a very recent poster who was a passenger in car stopped by police.  Because she had not filed AOS prior to the expiration of her I-94, she was jailed for 5 weeks before getting out.  Her case is still on-going........I would get that I-485 in the mail asap.

[Ben&Zian 4,398]

5 minutes ago, missileman said:

There is a very recent poster who was a passenger in car stopped by police.  Because she had not filed AOS prior to the expiration of her I-94, she was jailed for 5 weeks before getting out.  Her case is still on-going........I would get that I-485 in the mail asap.

 

Have we heard any updates about this since then as they were also going into removal proceedings wasnt she??

[payxibka 10,045]

9 minutes ago, Jmdawn2028 said:

She came her feb 19 so the 90days its gonna be May 19 then her visa expired is June 19 so still okey to apply right? Until when 2months 4months coz right now I’m just fixing and I’m working it’s kind a hard for me coz I just start to my new job... 

Visa expiration is meaningless as it became void the moment she entered.  So forget about that.  The critical date is what does the i94 say or the date stamped in her passport by the CBP 

[Crazy Cat 41,845]

3 minutes ago, Ben&Zian said:

 

Have we heard any updates about this since then as they were also going into removal proceedings wasnt she??

That's the last I heard......

[Ben&Zian 4,398]

Just now, missileman said:

That's the last I heard......

 

Uh-oh 

[Jmdawn2028 11]

well on her stump may 19 that’s her 90days but her expiration for her visa is June 19 

[arken 4,197]

Then your wife is already out of status. Recommend to file for AOS soon and avoid running into cops even accidentally.

 

Visa expiry date is to enter the US by that date.

Edited June 3, 2019 by arken

[Crazy Cat 41,845]

1 minute ago, Jmdawn2028 said:

well on her stump may 19 that’s her 90days but her expiration for her visa is June 19 

Then she has been out of status since May 19th.......she is now subject to deportation with no protection. 

Edited June 3, 2019 by missileman

[EandS2019 389]

2 minutes ago, Jmdawn2028 said:

well on her stump may 19 that’s her 90days but her expiration for her visa is June 19 

File ASAP. It doesn't matter how out of status she is anymore, what matters is that you file AOS so that you don't get into any trouble. As soon as you get your NOA1 you don't need to stress because she will have an authorized stay.