Does your AOS have to be filed within 90 days?

[sarahcha 6]

I have no intention of filing late, but I was looking it up because my 90 days is up on Feb 9, but it would be more comfortable financially if we filed after my husband gets paid which is the following Friday and I couldn’t manage to get a straight answer. 
 

I’ve done some research but I’ve just found mixed responses, and according to how the the USCIS website page re: AOS for K1 applicants is worded it seems the 90 days only applies to getting married and there is no rule for when to file your AOS (except to say that it is available immediately). 
 

Again, I intend to file before my 90 day period - but I am really curious if anyone had a definitive answer about this because I cannot find one anywhere. 

[powerpuff 6,697]

2 minutes ago, sarahcha said:

AOS for K1 applicants is worded it seems the 90 days only applies to getting married and there is no rule for when to file your AOS

This is correct.

 

However, highly not advisable to file late.

Cautionary tale:

 

[Mike E 11,739]

And this one: 

 

 

[Mike E 11,739]

Also understand that even if ICE doesn’t catch you between 90 and when you file I-485, if it sees that you had unauthorized presence, it can still make life difficult.  Filing before day 90 should be seen as an imperative.  

[Rocio0010 5,579]

51 minutes ago, Mike E said:

And this one: 

 

 

That’s some good read for a weekend. The Valsu Saga. Wonder what happened to him?

[Adventine 3,196]

For the reasons cited above, I would scrimp and save and do everything humanly possible to file within the 90 days.

 

You can use a credit card to pay the filing fees. That buys you some time to come up with the money.

[sarahcha 6]

I appreciate the responses. We did end up filing a few weeks outside the deadline - it just was not feasible for us to do otherwise with huge unexpected repair/emergency veterinary and moving expenses cropping up during our cross country drive and then our first few months together.

Everything went fine and I've recieved my NOA1, an unrelated RFE that has already been rectified (because I'm an idiot and forgot to incluide a document), and my biometrics appointment letter. 

I do think that the two cautionary tales here are major outliers and a culimation of terrible luck and wrong place wrong time (particularly as the majority of comments and posts I've seen stated that they applied way out of status - sometimes even years - without any issues whatsoever). I do understand it was a risk though, and not one I would take lightly or advise anyone else take. I'm grateful that it worked out alright for me.

[sarahcha 6]

16 minutes ago, sarahcha said:

I appreciate the responses. We did end up filing a few weeks outside the deadline - it just was not feasible for us to do otherwise with huge unexpected repair/emergency veterinary and moving expenses cropping up during our cross country drive and then our first few months together.

Everything went fine and I've recieved my NOA1, an unrelated RFE that has already been rectified (because I'm an idiot and forgot to incluide a document), and my biometrics appointment letter. 

I do think that the two cautionary tales here are major outliers and a culimation of terrible luck and wrong place wrong time (particularly as the majority of comments and posts I've seen stated that they applied way out of status - sometimes even years - without any issues whatsoever). I do understand it was a risk though, and not one I would take lightly or advise anyone else take. I'm grateful that it worked out alright for me.

to add: I think my real question, if I had phrased it better, would have been "Will the USCIS reject or take note that I am out of status if I apply for AOS after my I-94 expires".  I do understand that being out of status means you are at risk of having action taken against you, I just wanted to know if there was a procedure the USCIS requires if you do need to apply after the 90 days.

 

Edited April 11, 2022 by sarahcha

[Mike E 11,739]

Depending on where an “outlier” lives, apprehension by DHS is an inevitability.  

 

For decades  I had heard of internal BP check points near the Mexican border. Never saw one myself, and I thought these were just rare things or urban legends that the media was over hyping.  Then I took a vacation to El Paso, TX. And I learned as a gc holder just how wrong I was.  I always carried my gc since my getting it, and was  glad I had it on that trip.  It was a daily occurrence that I would be stopped and forced to produce my evidence of authorized presence.  

Last year, on a trip to AZ, I knew my wife would have to show her gc at some point and told her to ignore the advice of her friends (to keep her gc locked away at home to keep it from being  lost)  and instead bring it.  
 

And sure enough, after a drive to Nogales, AZ, we were stopped heading to Tucson.   In the middle of an interstate freeway while it was 110 degrees outside.  BP officers in full para military kit and K-9s checking papers and not breaking a sweat. We pressed  my passport card (I always carry it for this reason) and her green card against the wind shield  and he waived us through without having me lower the car window.   
 

I’m happy you got your I-485 NOA1 and didn’t get the German shepherd treatment. I hope if you are stopped before getting your EAD or gc that ICE forgives your unauthorized presence. 
 

Hopefully someone reading this in the future doesn’t take the same risk.  Nobody here wants anyone in the visajourney community to become guests of ICE.  

[sarahcha 6]

4 minutes ago, Mike E said:

Depending on where an “outlier” lives, apprehension by DHS is an inevitability.  

 

For decades  I had heard of internal BP check points near the Mexican border. Never saw one myself, and I thought these were just rare things or urban legends that the media was over hyping.  Then I took a vacation to El Paso, TX. And I learned as a gc holder just how wrong I was.  I always carried my gc since my getting it, and was  glad I had it on that trip.  It was a daily occurrence that I would be stopped and forced to produce my evidence of authorized presence.  

Last year, on a trip to AZ, I knew my wife would have to show her gc at some point and told her to ignore the advice of her friends (to keep her gc locked away at home to keep it from being  lost)  and instead bring it.  
 

And sure enough, after a drive to Nogales, AZ, we were stopped heading to Tucson.   In the middle of an interstate freeway while it was 110 degrees outside.  BP officers in full para military kit and K-9s checking papers and not breaking a sweat. We pressed  my passport card (I always carry it for this reason) and her green card against the wind shield  and he waived us through without having me lower the car window.   
 

I’m happy you got your I-485 NOA1 and didn’t get the German shepherd treatment. I hope if you are stopped before getting your EAD or gc that ICE forgives your unauthorized presence. 
 

Hopefully someone reading this in the future doesn’t take the same risk.  Nobody here wants anyone in the visajourney community to become guests of ICE.  

Yeah. As I said I appreciate the input and agree that waiting to file is not beneficial in any case. My response was not meant to encourage other people to file outside of status - it was just to clarify and confirm for anyone else who like me was wondering if the USCIS would accept the application. 
 

Thanks to Covid, my existence right now is either being at home or the grocery store once a week, and that’s what it will be until I do receive my employment authorization and can get a state ID (and likely after as well). If I lived somewhere with check points, close to a border, or had any concerns or plans that would take me outside of my routine we would have done things differently.