Question about 90 days time limit

[guyfromky 1]

My now-wife arrived in the USA on July 28th, we got married August 10th, and her 90 days if I am correct will be up on October 25th. Did the K1 visa 90 days thing say we have 90 days to get married? Or 90 days to both get married and file for AOS? The 90 days is up in 13 days and yes I know we should've gotten AOS filed sooner, that's on us, but if it isn't filed by October 25th could she possibly get deported?

 

Another question, if we do have to file by the 25th of October does that mean we go to the post office to send the AOS documents by then or do they have to RECIEVE the documents by then?

[Crazy Cat 41,845]

To satisfy the requirements of the K-1, you must marry within 90 days.....You have done that.  Once her I-94 has expired (90 days after entering the US), she will be out of status and technically subject to deportation (as is every non-immigrant).  Once she files the I-485, she will still not have any legal status, but she will be granted "authorized stay" while the I-485 is being adjudicated.  There are no benefits in waiting to file for adjustment of Status.......

The probability of deportation might be small, but it exists as indicated in this recent thread.

 

 

[Duke & Marie 1,389]

25 minutes ago, guyfromky said:

My now-wife arrived in the USA on July 28th, we got married August 10th, and her 90 days if I am correct will be up on October 25th. Did the K1 visa 90 days thing say we have 90 days to get married? Or 90 days to both get married and file for AOS? The 90 days is up in 13 days and yes I know we should've gotten AOS filed sooner, that's on us, but if it isn't filed by October 25th could she possibly get deported?

 

Another question, if we do have to file by the 25th of October does that mean we go to the post office to send the AOS documents by then or do they have to RECIEVE the documents by then?

You need to file AOS within the 90 days, or she becomes out of status, effectively without visa authorisation.. so yes, I’d be filling out the paperwork and getting the post office ASAP 

[geowrian 22,337]

You must marry within 90 days to AOS using the existing I-129F petition.

You can file for AOS after the 90 days. That said, after the 90 days and until you file for AOS, she would be out of status and technically deportable. Once AOS is properly filed, she will obtain a period f authorized stay.

Best to avoid overstaying at all - get the AOS in ASAP.

 

Date of them receiving the packet is what technically counts.

[Dashinka 24,493]

24 minutes ago, Duke & Marie said:

You need to file AOS within the 90 days, or she becomes out of status, effectively without visa authorisation.. so yes, I’d be filling out the paperwork and getting the post office ASAP 

I agree that if the AOS is not filed within the 90 days, an immigrant will be out of status, but there is no requirement or deadline as to when to file the AOS.  That being said, if a K1 entrant is caught out of status, it really becomes a headache immigration wise,  Most likely if a K1 entrant who is legally married comes before an IJ, most likely they will be told to submit the AOS.