Is there an expiration on AOS, once you have married?

[littleredscooty 3]

Hello All,

 

My fiancee has some concerns about overstaying in U.S. once he comes. We both understand that we must get married within 90 days. From there we would file for his adjustment of status, but he is wondering how long he can remain in U.S. once the AOS has been filed. My understanding is that once we have married, we would file for AOS, and he would be legal to remain for however long it takes for them to finish processing. However, he is worried that if there is no defined expiration, immigration could just kick him out and give him a ban at any time. When you apply for AOS are you given some sort of timeline for continuing to remain in the U.S. that is written on paper?

[Daphne . 1,852]

Once the AOS is filed, they are fine and will be fine until this wraps up. File as soon as you have the marriage certificate! 

[nastra30 2,284]

9 minutes ago, littleredscooty said:

My understanding is that once we have married, we would file for AOS, and he would be legal to remain for however long it takes for them to finish processing

Correct. More like he will be in authorized stay.

[Crazy Cat 41,833]

29 minutes ago, littleredscooty said:

When you apply for AOS are you given some sort of timeline for continuing to remain in the U.S. that is written on paper?

No.  But your receipt showing Adjustment of Status is pending is proof of "authorized stay" until the I-485 is either approved or denied.  

Edited January 14 by Crazy Cat

[Sparkle Sparkle 914]

As everyone above already stated, yes you can stay until your case has been adjudicated. However, it is to your disadvantage if you wait and waste time after you have received your marriage certificate file immediately 

[powerpuff 6,697]

*** Topic moved from K1 forum to AOS K1 forum as this is an AOS related question ***