Applied for AOS a month later after 90 days

[Rrrr 42]

I came on k1 visa, got married within 90 days but applied for aos a month later after 90 days. NOA1 came dated a month after my I-94 expired. Am I and my husband going to have problems because of that? How common is it to have issues in such a case?

[Gregor Hanston 44]

Should not be any issues, overstay is forgiven once AoS is applied for. I applied 15 days after the I94 expired. Once I filed I got notification, her and daughters biometrics appointment is done.

[DaveAndAnastasia 2,096]

12 minutes ago, Kristina0394 said:

I came on k1 visa, got married within 90 days but applied for aos a month later after 90 days. NOA1 came dated a month after my I-94 expired. Am I and my husband going to have problems because of that?

No. Now that you have your NOA1, you're fine.

 

It's strongly encouraged to file for AOS within the 90 days because the immigrant spouse has no legal status between the 90th day and NOA1, so if you have an encounter with law enforcement or immigration officials (say, the immigrant spouse was in a car pulled over for speeding) they could determine the immigrant spouse had no legal status and cause further difficulties (someone recently ended up in jail for five weeks because of this).

 

12 minutes ago, Kristina0394 said:

How common is it to have issues in such a case?

It's pretty rare to have issues like the above. I've even seen one couple here that managed to wait five years to apply for AOS somehow. But since the consequences can be very bad if you do, it's best to try and avoid them.

[Ed&Midori1031 330]

57 minutes ago, Kristina0394 said:

I came on k1 visa, got married within 90 days but applied for aos a month later after 90 days. NOA1 came dated a month after my I-94 expired. Am I and my husband going to have problems because of that? How common is it to have issues in such a case?

Not a problem at all.  There are people who wait even years to apply for AOS. 

[Pitaya 2,577]

You should not have any issues, the key is that you have received your NOA1, receipt for AOS process application. A possible detention Issue could had arisen if you didn't have your AOS NOA1 receipt notice, marriage license and valid passport with you and had run into CBP or ICE agents sweeping your area for under/un- documented foreign aliens. As a result of the prez's signing of an executive order signaling "enhanced immigration enforcement" of checking of immigrants' for proper documentation by those agents There have been recent news reports of CMP and ICE agents at the Northern and Southern US borders and at domestic air terminals checking for proper immigration documentation. 

 

Good luck on your immigration journey.