Out of Status...

[Dwarf_Ogress 0]

I was wondering if someone could point me in the direction of information for problems associated with being out of status or to enlighten me?

Thanks!

[athena_ny 1]

I was wondering if someone could point me in the direction of information for problems associated with being out of status or to enlighten me?

Thanks!

Overstay is forgiven through marriage to a USC at AOS.

[John & Annie 0]

I was wondering if someone could point me in the direction of information for problems associated with being out of status or to enlighten me?

Thanks!

It depends upon what you mean, did you get married within the 90 days? if so, then there is no problem. There is no real requirement to file for AOS within a specified time frame, as a couple who waited a year to file. We really would not recommend this. There were times that being 'out of status' was a real pain.

If you did not get married in the 90 days, you need to add the I-130 to your list of forms to submit.

The main things they look for when adjudicating cases are legal entry with proper intent and a properly filed petition or application.

I hope this helps

[Nicky44 0]

I was wondering if someone could point me in the direction of information for problems associated with being out of status or to enlighten me?

Thanks!

It depends upon what you mean, did you get married within the 90 days? if so, then there is no problem. There is no real requirement to file for AOS within a specified time frame, as a couple who waited a year to file. We really would not recommend this. There were times that being 'out of status' was a real pain.

If you did not get married in the 90 days, you need to add the I-130 to your list of forms to submit.

The main things they look for when adjudicating cases are legal entry with proper intent and a properly filed petition or application.

I hope this helps

Just a quick question, are you saying that if you are out of status and wish to AOS in country and you marry within the 90 days you dont have to do the I-130, but if you marry after 90 days you need to fill in the I-130,

[LaL 418]

I was wondering if someone could point me in the direction of information for problems associated with being out of status or to enlighten me?

Thanks!

It depends upon what you mean, did you get married within the 90 days? if so, then there is no problem. There is no real requirement to file for AOS within a specified time frame, as a couple who waited a year to file. We really would not recommend this. There were times that being 'out of status' was a real pain.

If you did not get married in the 90 days, you need to add the I-130 to your list of forms to submit.

The main things they look for when adjudicating cases are legal entry with proper intent and a properly filed petition or application.

I hope this helps

Just a quick question, are you saying that if you are out of status and wish to AOS in country and you marry within the 90 days you dont have to do the I-130, but if you marry after 90 days you need to fill in the I-130,

he is saying -

k1 : marry within the 90 days you are fine to file I485 as there is no out of status time accrued.

k1: marry beyond the 90 days you are out of status and can be "fixed" by filing the I130 and I485 together.

( I bolded the part of your statement that was not accurate in the context - you are not out of status if you marry within the 90 days)

[Kathryn41 3,205]

just to add a bit more clarification . . .

if you arrive on a K-1, marry within 90 days and apply to adjust status (AOS), you are applying based on an approved K-1 visa. If you do not marry within 90 days, then you have failed to complete the provisions of the K-1 visa and the K-1 visa expires with you still unmarried. Therefore, if you marry afterwards, you cannot adjust status based on the K-1 - your husband needs to petition for permission for you to apply to adjust status as a spouse - that is the I-130 application. The I-130 can be submitted at the same time as the AOS but it needs to be approved before the AOS will be adjudicated. It is one more step and one more expense - kind of a ridiculous expense to incur after the expense of a K-1 if you did not fulfill the criteria of the K-1 - ie. marrying within 90 days.

[Dwarf_Ogress 0]

Thanks everyone. We will be married within the 90 day time frame but I will have to wait a little while for financial reasons to file for his AOS.

[John & Annie 0]

Thanks everyone. We will be married within the 90 day time frame but I will have to wait a little while for financial reasons to file for his AOS.

Like I said, we waited a year to file with no issues.

[Dwarf_Ogress 0]

Thanks everyone. We will be married within the 90 day time frame but I will have to wait a little while for financial reasons to file for his AOS.

Like I said, we waited a year to file with no issues.

Phew! Thanks so much!

[Jasman0717 9]

I think the important thing was to get married before the I-94 expired. Follow through with the AOS filing after that but it isn't drop dead that you need to file immediately. There have been many posts where AOS wasn't filed for a long time with no problems. I would just encourage you to do it as soon as possible to get it done and not worry about anything. Good luck