Filing AOS after I-94 expired

[Mickey + Roseni 2]

Has anyone gotten married within the 90 day period, but not filed for AOS until after the 90 days has expired? Someone with personal experience would be appreciated. 

[SalishSea 17,970]

37 minutes ago, Mickey + Roseni said:

Has anyone gotten married within the 90 day period, but not filed for AOS until after the 90 days has expired? Someone with personal experience would be appreciated. 

Lots and lots of people.   File asap, as you’re out of status and subject to removal.

[Crazy Cat 41,984]

1 hour ago, Mickey + Roseni said:

Has anyone gotten married within the 90 day period, but not filed for AOS until after the 90 days has expired? Someone with personal experience would be appreciated. 

There are no benefits in waiting to file for adjustment of status.  Waiting to file just delays the ability to work, the ability to leave the US, and the ability to file for US citizenship.  In addition, after the I-94 expires, you are out of status and subject to removal.  Once you file a proper I-485 package, you will be granted authorized stay in the US.  I would file asap.  Good luck.

[powerpuff 6,744]

*** Topic moved from K1 forum to AOS K1 forum as the question is about adjustment of status ***

[OldUser 6,980]

2 hours ago, Mickey + Roseni said:

Has anyone gotten married within the 90 day period, but not filed for AOS until after the 90 days has expired? Someone with personal experience would be appreciated. 

I assume you're married to a US citizen?

Do it now.

 

Question to others: is I-129F still ok in this case or dead e.g I-130 is required?

Edited November 21, 2023 by OldUser

[Mickey + Roseni 2]

I am the US citizen. My wife’s I-94 will expire in about a month. We plan on applying before the expiration, I was just curious what happens if we miss the date by a week or so. 

[powerpuff 6,744]

12 minutes ago, OldUser said:

Question to others: is I-129F still ok in this case or dead e.g I-130 is required?

I-129f is ok even if I-94 is expired as long as marriage took place within 90 days. If marriage didn’t take place within 90 days, then I-130 is required.

[Crazy Cat 41,984]

6 minutes ago, Mickey + Roseni said:

I am the US citizen. My wife’s I-94 will expire in about a month. We plan on applying before the expiration, I was just curious what happens if we miss the date by a week or so. 

She will be out of status and removable from day 91 until a proper I-485 has been received by USCIS.   Even after the I-485 is submitted, she will remain out of status...but will be granted "authorized stay" until the I-485 is either approved or denied.  "Authorized Stay" is not a legal status, but prevents accruing of unlawful presence. 

[OldUser 6,980]

28 minutes ago, Mickey + Roseni said:

I am the US citizen. My wife’s I-94 will expire in about a month. We plan on applying before the expiration, I was just curious what happens if we miss the date by a week or so. 

Don't do it, it's not worth it. Yes, technically it will be forgiven, because she's married to a US citizen. But it may result in delays / questions at the interview etc. Aim at sending application 10, better 14 days before I-94 expires. If money is the reason, borrow somewhere to cover costs. There's nothing cool about being out of status for a new immigrant.

 

Edited November 21, 2023 by OldUser

[powerpuff 6,744]

Read this cautionary tale from a K1 applicant regarding filing late. Unfortunately it took a minor traffic incident where the OP was a passenger to be detained by ICE:

 

Edited November 21, 2023 by powerpuff

[TexasRafael 134]

3 hours ago, Mickey + Roseni said:

Has anyone gotten married within the 90 day period, but not filed for AOS until after the 90 days has expired? Someone with personal experience would be appreciated. 

Yes, my husband K-1 Visa expired the next day after he arrived, due to Medical Delays and other issues his visa to come in to the USA was good for 10 days.  In any case we got married 2 weeks after the visa expired and 3 months later I filed for AOS......   

[Crazy Cat 41,984]

11 minutes ago, TexasRafael said:

Yes, my husband K-1 Visa expired the next day after he arrived, due to Medical Delays and other issues his visa to come in to the USA was good for 10 days.  In any case we got married 2 weeks after the visa expired and 3 months later I filed for AOS......   

Wow.  Husband cut it close getting to the US...LOL.  

Edited November 21, 2023 by Crazy Cat

[SalishSea 17,970]

2 hours ago, TexasRafael said:

Yes, my husband K-1 Visa expired the next day after he arrived, due to Medical Delays and other issues his visa to come in to the USA was good for 10 days.  In any case we got married 2 weeks after the visa expired and 3 months later I filed for AOS......   

luckily, visa expiration and 1-94 expiration are two totally different things.

[OldUser 6,980]

37 minutes ago, SalishSea said:

luckily, visa expiration and 1-94 expiration are two totally different things.

What's 1-94? Never expected this from you @SalishSea😃

[SalishSea 17,970]

38 minutes ago, OldUser said:

What's 1-94? Never expected this from you @SalishSea😃

 I’ve tarnished my record!