How much time do I have to file I-485 after marriage?

[Yodrak 7]

SirLancelot,

Being out of status when the I-485 is submitted has no bearing on the acceptance of the application for processing or on the decision to approve or deny the application.

Accumulated out of status time has consequences should one leave the country and want to get back in, but it has no consequences with respect to the application to adjust status.

Yodrak

There is no "exact answer" anywhere. It's best to file immediately after your marriage. Preferably within the 90 days. But people have done it even up to 6 months after the 90 day deadline. There's no guarantee though.

The 90 days is not a "deadline" and "There's no guarantee" of what exactly?

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

I say this having filed late ourselves. My wife's 90 days expired 6/6/07. We filed 7/10/07. I'm not too worried as I expect USCIS to accept our application but I'm under no delusion to assume USCIS absolutely has to accept our application. My wife technically was out of status prior to her AoS submission.

[SirLancelot 1]

I might be mixing these two conditions together then Yodrak.

I stand corrected.

SirLancelot,

Being out of status when the I-485 is submitted has no bearing on the acceptance of the application for processing or on the decision to approve or deny the application.

Accumulated out of status time has consequences should one leave the country and want to get back in, but it has no consequences with respect to the application to adjust status.

Yodrak

There is no "exact answer" anywhere. It's best to file immediately after your marriage. Preferably within the 90 days. But people have done it even up to 6 months after the 90 day deadline. There's no guarantee though.

The 90 days is not a "deadline" and "There's no guarantee" of what exactly?

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

I say this having filed late ourselves. My wife's 90 days expired 6/6/07. We filed 7/10/07. I'm not too worried as I expect USCIS to accept our application but I'm under no delusion to assume USCIS absolutely has to accept our application. My wife technically was out of status prior to her AoS submission.

[Gringa 0]

My K-2 were out of status for 1 year and 9 months. They just got approved yesterday and we waited 7 mothns for it.

I just advised that if you have a valid reason for not doing AOS on time that is okay. If you see my time line will see some of my reasons.

I waited too long, but was living with the fear of being denied just for the kids being overstayed. I would not recommed anyone to delay the AOS.