Filing for AOS LATE!!! Need advice desperately!

[Myzh Albini 0]

Hi folks.

There's NO DOUBT what a colossal problem I (we) are now faced with. My (Russian) wife and I WERE married w/in the 90 day K-1 required window, but for various reasons (some of them unforseeable and unavoidable, some of them B.S.- please don't ask ) we are just now preparing to file for AOS. Info presented on the USCIS site regarding what problems this presents and how to deal with these problems is near to none. Nevertheless, I have gleaned that my wife and step-daughter are likely considered "out-of-status" at this point. Has someone else 'round here made this same fatal error? How did you proceed?

Pretty Please, respond with everything you have!

A world of thanks to this community,

Tim, Albina & Anastasia

[athena_ny 1]

Hi folks.

There's NO DOUBT what a colossal problem I (we) are now faced with. My (Russian) wife and I WERE married w/in the 90 day K-1 required window, but for various reasons (some of them unforseeable and unavoidable, some of them B.S.- please don't ask ) we are just now preparing to file for AOS. Info presented on the USCIS site regarding what problems this presents and how to deal with these problems is near to none. Nevertheless, I have gleaned that my wife and step-daughter are likely considered "out-of-status" at this point. Has someone else 'round here made this same fatal error? How did you proceed?

Pretty Please, respond with everything you have!

A world of thanks to this community,

Tim, Albina & Anastasia

This really needs to be stickied.

It's not a fatal error. They won't even care. Just file it. Being out of status is forgiven at AOS through marriage to a USC.

[Kez/JWolf 6]

As a K1 visa holder the only rule you have to follow is that you get married within the 90 days after arrivel.... there is no rule about when you need to file for AOS... there are some people on here who have waited more than a year to file for AOS... you just need to file as soon as you can... one thing to remember is that the medical your wife had done is only valid for 12 months, so if it is more than 12 months since it was done and you have yet to file, she and the child will need to have the medical redone by a civil surgeon here in the US...

Dont stress yourself too much you have not made any fatal error....

Kez

[Shub 78]

I could point you to a recent thread I saw here where the poster was saying how they waited for nearly a year after getting married to file for AOS, just because they were lazy. They didn't have any problem. It's recommended to file for AOS as soon as possible after marriage but it's not a requirement. Don't worry about anything and just file whenever you're ready!

[Jasman0717 9]

Not filing AOS limits the beneficiary's ability to enjoy the LPR status. It isn't a crime to not file AOS for a while.

[Lace 0]

Like everyone says. You're good.

You were married within the 90 days of your arrival into the US. You've fulfilled it and give yourself a well deserved pat on the back. Just make sure you follow the guides here to fill your AOS.

[yassmine2878 1]

You're fine. We had to wait to file AOS, too. As long as you got married within 90 days, you're fine. The biggest downside to postponing AOS is having to wait longer for work auth.

[Myzh Albini 0]

Thanks a million!!! We are mollified.

Tim (Myzh Albini)

Like everyone says. You're good.

You were married within the 90 days of your arrival into the US. You've fulfilled it and give yourself a well deserved pat on the back. Just make sure you follow the guides here to fill your AOS.