I-94 expired, pregnant, no AOS filed...

[David-and-Mae 15]

I am posting this for a friend who's really in the dark right now. Since I don't know for sure what to tell her, I've decided to start a topic for her. Here's her story:

She came here in the US late July of this year using K1 visa. She and her then fiance got married almost close to I-94 expiration. She is now pregnant with expired I-94 and hasn't filed for AOS because according to her husband, as long as they got married within 90 days upon her arrival, that makes her a legal immigrant and has nothing to worry about being deported back to the Philippines. Someone even told her that now that she's married, she can apply for AOS within 2 years of their marriage. My friend wants to believe them but at the back of her mind, she got some worries because I told her that she's out of status now (was I right?). Now the question is, how long can she prolong applying for AOS?

I'm sorry if this has been asked before... My computer is acting weird when I tried to search for related topics... Any advice will be highly appreciated.

--Mae

[reeses16 8]

My understanding is that once married within 90 days you can file AOS whenever. Some people have waited more than 2 years. From the other posts I've read it sounds as if she would be technically out of status, but it would be forgiven during the AOS position because the marriage took place within 90 days.

[pushbrk 12,882]

My understanding is that once married within 90 days you can file AOS whenever. Some people have waited more than 2 years. From the other posts I've read it sounds as if she would be technically out of status, but it would be forgiven during the AOS position because the marriage took place within 90 days.

Yes, she need not worry about deportation but she can't work. Out of status is forgiven when married to a USC. It would be a good idea to file for AOS as soon as is practical anyway.

[sunandmoon 450]

I have not seen any deadline for filing AOS, but it is recommended to do it as soon as possible. I've seen stories on VJ where people have waited a year or more. does she have a SSN? if not, then would have to wait till she has an EAD or Green Card. also will need to apply for AP to be able to leave and reenter the country.

[dwiz123 0]

I am posting this for a friend who's really in the dark right now. Since I don't know for sure what to tell her, I've decided to start a topic for her. Here's her story:

She came here in the US late July of this year using K1 visa. She and her then fiance got married almost close to I-94 expiration. She is now pregnant with expired I-94 and hasn't filed for AOS because according to her husband, as long as they got married within 90 days upon her arrival, that makes her a legal immigrant and has nothing to worry about being deported back to the Philippines. Someone even told her that now that she's married, she can apply for AOS within 2 years of their marriage. My friend wants to believe them but at the back of her mind, she got some worries because I told her that she's out of status now (was I right?). Now the question is, how long can she prolong applying for AOS?

I'm sorry if this has been asked before... My computer is acting weird when I tried to search for related topics... Any advice will be highly appreciated.

--Mae

As long as they are married within the 90-day visa period, they are not requried to submit their Adjustment of Status in any given timeframe.

On the other hand, by waiting too long past the I-94 expiration, he is putting his wife at risk, as she has no legal protection if something happens to her or if she has a problem with a law enforcement agency or if her husband passed away.

[Donna A 4]

she also should not leave the country or will not be aloud back in.

[D3m 0]

no doubt the fees will only increase in the future

[Caladan 19]

My understanding is that once married within 90 days you can file AOS whenever. Some people have waited more than 2 years. From the other posts I've read it sounds as if she would be technically out of status, but it would be forgiven during the AOS position because the marriage took place within 90 days.

Yes, she need not worry about deportation but she can't work. Out of status is forgiven when married to a USC. It would be a good idea to file for AOS as soon as is practical anyway.

Just wanted to clarify/piggyback. She won't be deported in all likelihood, but she *is* out of status. And it's not forgiven as much as it is *not* a bar to adjusting status. ('Forgiven' sounds as though it's not a problem due to the marriage, rather than not a problem because the I-485 excludes it as one.)

Without filing, she is theoretically at risk (though practically very little risk.) I mention this only because there have been cases of someone who has been out of status for years (usually from a student visa or something), who ends up in deportation proceedings tho' married to a USC, because filing didn't happen to adjust their status.

[David-and-Mae 15]

Thank you all for the replies... I will forward this to her so that she can stop beating herself with worries about her situation.

Have a Merry Christmas!

--Mae

P.S.

@ Roy, I'm not sure if she has SSN yet...

[Jasman0717 9]

They do need to file AOS sometime otherwise the beneficiary is very limited in what she can do.

[Melyssa 0]

I am posting this for a friend who's really in the dark right now. Since I don't know for sure what to tell her, I've decided to start a topic for her. Here's her story:

She came here in the US late July of this year using K1 visa. She and her then fiance got married almost close to I-94 expiration. She is now pregnant with expired I-94 and hasn't filed for AOS because according to her husband, as long as they got married within 90 days upon her arrival, that makes her a legal immigrant and has nothing to worry about being deported back to the Philippines. Someone even told her that now that she's married, she can apply for AOS within 2 years of their marriage. My friend wants to believe them but at the back of her mind, she got some worries because I told her that she's out of status now (was I right?). Now the question is, how long can she prolong applying for AOS?

I'm sorry if this has been asked before... My computer is acting weird when I tried to search for related topics... Any advice will be highly appreciated.

--Mae

I don't think she really has to worry about being deported, but she won't be allowed to work and if she wants to go visit the Philippines she won't be allowed back in the U.S. from what I understand. So her husband should definitely be helping her file for AOS as soon as possible!

[jenna rink 0]

My cousin filed her AOS 4 years after and it was still okay. Although she was not able to leave the country and wasn't able to work.