AP and minor overstay

[Dmitri 0]

Does anyone have any thoughts on the following situation:

My fiancee came here on a K1 and we married within 90 days. We also sent the AOS papers in within the 90 days, but due to 7-day delay in the application reaching Chicago by mail, there was a 1-2 day gap between expiration of the K1 and receipt of the AOS application by CIS. I guess AOS is considered "filed" only after Chicago receives it.

As a result, I guess she technically has a tiny out-of-status period, even though she complied with the K1 requirement to marry within 90 days. Now I know that a small out-of-status period like this is not an issue in terms of the AOS itself.

However, could my wife potentially have issues traveling out of the US with AP, assuming she has accrued a couple of days of out-of-status time? I know that 6 months or more of overstay are generally a bar to returning to the US.

I am assuming this won't be an issue, but am obviously a bit nervous about it.

Thanks!

-Dmitri

[thetreble 19]

Don't see it as a problem. When you marry a USC, most overstays are forgiven.

[LaL 418]

What the OP has described is not considered out of status and will not affect use of the AP.

[Meriem_DZ 37]

It is required that you get married within the 90 day period. It is not required that AOS be filed in this time frame. Everything is ok with her status.

Meriem

[John & Annie 0]

No overstay.

We were married within the 90 days but did not file for a year. We used the AP with no problems.

[bszoom42 0]

I guess AOS is considered "filed" only after Chicago receives it.

Technically, filing in government speak is handing the package over to the post office using 1st class mail and getting a postmark.

You must "file" your taxes by April XX.

You must "file" your petition by July XX to beat the rate increase.

That being said, often an adjudicator forgets this difference and needs to be reminded, and sometimes this needs to get escalated to his/her supervisor.

All this being said, you have nothing to worry about - you did file before 90 days elapsed.

[Gringa 0]

No overstay, You could also see my K-2 overtime timeline.