AOS deadline? 90 days?

[JohnandWendyB 21]

There seems to controversy over whether or not the AOS has to be done in 90 days. I know on the K1 Visa you must marry in 90 days and you would not necessarily be able to work until you file AOS. I think if you file EAD without AOS it costs extra? Either way... Does AOS have to be filed in 90 days?

[payxibka 10,044]

There seems to controversy over whether or not the AOS has to be done in 90 days. I know on the K1 Visa you must marry in 90 days and you would not necessarily be able to work until you file AOS. I think if you file EAD without AOS it costs extra? Either way... Does AOS have to be filed in 90 days?

no controversy,

Example, if you are a K-1 entrant and you marry on day 90 (within the guidelines for the visa entry for AOS), how would you ever file the I-485 within 90 days? You can't.

EAD (I-765) without the the I-485 first, does has a fee requirement.

Recently, some people who married on VWP and did not file before the I-94 expired have had issues with AOS.

[abdelnish83 6]

wat is I-94?

[payxibka 10,044]

wat is I-94?

the white entry document that is placed in your passport that you receive when you arrive in the usa at passport control

Edited August 30, 2011 by payxibka

[Damian&Kelly 16]

We didn't have the money to file right away, and waited almost a year to file. We had no problems but my husband couldn't work, or leave the country and also the K-1 medical is only good for 1 year so if that expires you have to get a whole new medical, and since the time we filed, they seem to have gotten more picky about the medicals as we filed March 09 and his medical expired April 09 but he was approved with no RFE or interview so he never needed a new medical, I don't see this happen any more, more and more are needing new medicals. Also if you wait for over 180 days after the I-94 expires, then there's no point in filing AP, because there's chance of getting an overstay if you try to use the AP. I'm not sure the rules exactly.

[milimelo 4,196]

Moving to AOS from family based visa.

[baron555 934]

There seems to controversy over whether or not the AOS has to be done in 90 days. I know on the K1 Visa you must marry in 90 days and you would not necessarily be able to work until you file AOS. I think if you file EAD without AOS it costs extra? Either way... Does AOS have to be filed in 90 days?

There is no controversy......it's very clear. You must marry within 90 days and you can file for AOS whenever you can.

There are certain issues that present themselves the longer you delay, but one could technically never file for AOS but the longer you wait, the more opportunities for denial may present themselves.

[bigdog 376]

The 90 day rule is to avoid illegal entry. Better to follow the rules, this process is slow enough without creating problems.

[missicy 87]

Does AOS have to be filed in 90 days?

A thread with this question should be a sticky topic or something. It gets asked at least 3 times every week.

I think if you file EAD without AOS it costs extra?

Yes, it costs $380 and expires when I-94 expires so you can't legally work past 90 days anyway until you file AOS and get EAD approved on AOS basis.

[JohnandWendyB 21]

We didn't have the money to file right away, and waited almost a year to file. We had no problems but my husband couldn't work, or leave the country and also the K-1 medical is only good for 1 year so if that expires you have to get a whole new medical, and since the time we filed, they seem to have gotten more picky about the medicals as we filed March 09 and his medical expired April 09 but he was approved with no RFE or interview so he never needed a new medical, I don't see this happen any more, more and more are needing new medicals. Also if you wait for over 180 days after the I-94 expires, then there's no point in filing AP, because there's chance of getting an overstay if you try to use the AP. I'm not sure the rules exactly.

Thank you for a helpful response!

The 90 day rule is to avoid illegal entry. Better to follow the rules, this process is slow enough without creating problems.

Thanks for a helpful response!

[JohnandWendyB 21]

no controversy,

Example, if you are a K-1 entrant and you marry on day 90 (within the guidelines for the visa entry for AOS), how would you ever file the I-485 within 90 days? You can't.

EAD (I-765) without the the I-485 first, does has a fee requirement.

Recently, some people who married on VWP and did not file before the I-94 expired have had issues with AOS.

http://www.visajourney.com/content/compare

Here is an example of something saying you must file within 90 days.

There is no controversy......it's very clear. You must marry within 90 days and you can file for AOS whenever you can.

There are certain issues that present themselves the longer you delay, but one could technically never file for AOS but the longer you wait, the more opportunities for denial may present themselves.

http://www.visajourney.com/content/compare

Here is an example of something saying you must file within 90 days.

A thread with this question should be a sticky topic or something. It gets asked at least 3 times every week.

Yes, it costs $380 and expires when I-94 expires so you can't legally work past 90 days anyway until you file AOS and get EAD approved on AOS basis.

Here is an example of why:

http://www.visajourney.com/content/compare

Here is an example of something saying you must file within 90 days.

[KayDeeCee 4,891]

Here is an example of why:

http://www.visajourney.com/content/compare

Here is an example of something saying you must file within 90 days.

Yes, that is worded badly and is in need of an update. You are not required to file for AOS within the 90 days. You just need to get married within the 90 day time frame before your I-94 expires. You should file AOS as promptly as you can, but no worries if you go a couple weeks or months past your I-94 expiring.

[payxibka 10,044]

Here is an example of why:

http://www.visajourney.com/content/compare

Here is an example of something saying you must file within 90 days.

actually you need to read it again... it does not say MUST... it says to avoid accruing unlawful status

[JohnandWendyB 21]

Thanks. I think it's worded badly as well. I find other things here and there that similarly confuse me. I just dont want to risk him getting denied when he gets here.