K1 AOS file vs. visa expire timeline clearification

[jay11421 1]

Hi guys,

Need a quick clarification, based on what i read, i understand applicant has to get married AND file for AOS (i-485, I-864, I-693) within 90 days of entry.

 

But my question is it really "file" before 90 days?

Or "receive 1st NOA" before 90 days?

or something else?

 

Because the visa/I-94 also expire in exactly 90 days. So if somebody get married on 85th day of entry and apply AOS on 86th day, then that person will be out of status before acknowledged of the AOS! as it surly would take more than 4 days for 1st NOA.

 

Please let me know your thought.

 

Thank you.

 

[Ontarkie 14,228]

~~Moved to AOS FAmily, from K1 P&P - as the topic is AOS~~

[Mike E 11,739]

49 minutes ago, jay11421 said:

i understand applicant has to get married AND file for AOS (i-485, I-864, I-693) within 90 days of entry.

 

But my question is it really "file" before 90 days?

Or "receive 1st NOA" before 90 days?

A K-1 who does not file before day 90 will accrue unauthorized presence and risk detention by ICE.  Once I-485 is filed, the unauthorized presence is forgiven by USCIS.  However there are examples of ICE not forgiving and thus immigration court will adjudicate in that case. 
 

Ideally the filing is made “well before” day 90 so that the I-485 receipt is in hand before day 90.  
 

During the pandemic I-485 receipts were literally taking months.  It would be absurd to think that K-1s who filed on say day 80 and didn’t get a receipt until say day 200 were legally exposed for 110 days. 
 

Therefore file no later than day 89 with certified mail, tracking, priority mail and keep a record of mailing and delivery.  
 

 

Edited June 28, 2022 by Mike E

[jay11421 1]

Thank you so much Mike for confirming!