you think you're safe if u married within 90 days?

[Jesse and Hema 2]

OK so apparently I need to do more research, but how soon do you have to file for AOS? Immediately after the marriage is completed? Within the 90-day period after entry to the US? Is there any way to extend that time?

\

There is no time limit. You can wait 20 years if yu want.

It's silly, but true! However, you are not in a protected (legal) status until you file for AOS.

I think the poster's biggest problem was that she wasn't carrying any proof that she was in the states in a non-illegal fashion. It wasn't that she didn't file for AoS.

All she had for the Border Patrol was a foreign passport. That's a quick recipe for trouble!

[msu17 0]

There is no timeline on when you are required to file for AOS. You can wait 20 years and the time you were out of status will be forgiven. HOWEVER, in those 20 years (or anytime after your 90 days given with the K1 entry) you are out of status and that is why people can get picked up. You are legally here and have filed for AOS AND can prove it, therefore you are in-status and have nothing to worry about. Take proof that you have filed for AOS and your marriage liscese and you have no legal reason to be detained.

[I AM NOT THAT GUY 5,715]

OK so apparently I need to do more research, but how soon do you have to file for AOS? Immediately after the marriage is completed? Within the 90-day period after entry to the US? Is there any way to extend that time?

\

There is no time limit. You can wait 20 years if yu want.

It's silly, but true! However, you are not in a protected (legal) status until you file for AOS.

I think the poster's biggest problem was that she wasn't carrying any proof that she was in the states in a non-illegal fashion. It wasn't that she didn't file for AoS.

All she had for the Border Patrol was a foreign passport. That's a quick recipe for trouble!

I would not be too sure, The K-1's non-immigrant status expires 90 days after arrival at POE. After the 90 days, the only reason you can still file for AOS is for "Technical Reasons", and you are out of status until the USCIS recognizes that you have filed for AOS ('c)(9)

Edited February 14, 2009 by Mister_Bill

[msu17 0]

OK so apparently I need to do more research, but how soon do you have to file for AOS? Immediately after the marriage is completed? Within the 90-day period after entry to the US? Is there any way to extend that time?

\

There is no time limit. You can wait 20 years if yu want.

It's silly, but true! However, you are not in a protected (legal) status until you file for AOS.

I think the poster's biggest problem was that she wasn't carrying any proof that she was in the states in a non-illegal fashion. It wasn't that she didn't file for AoS.

All she had for the Border Patrol was a foreign passport. That's a quick recipe for trouble!

I would not be too sure, The K-1's non-immigrant status expires 90 days after arrival at POE. After the 90 days, the only reason you can still file for AOS is for "Technical Reasons", and you are out of status until the USCIS recognizes that you have filed for AOS ('c)(9)

What are you on about? What are "technical reasons?" You can file for AOS anytime as long as you fufilled the requirements of K1. You are just out of status until you file.

[Kathryn41 3,205]

What is astonishing about this is how many people are saying that getting married is all it takes to stay in the US and that she is still legal even without applying for AOS. I have heard rumours of US citizens also being caught up in such border patrol stops and not being able to prove they were US citizens so were detained until someone was able to obtain proof of their behalf. Kind of alarming, actually. I feel sorry for this woman though - their inexperience and lack of awareness is costing them a high price and it may be higher yet when she gets to court.

[I AM NOT THAT GUY 5,715]

OK so apparently I need to do more research, but how soon do you have to file for AOS? Immediately after the marriage is completed? Within the 90-day period after entry to the US? Is there any way to extend that time?

\

There is no time limit. You can wait 20 years if yu want.

It's silly, but true! However, you are not in a protected (legal) status until you file for AOS.

I think the poster's biggest problem was that she wasn't carrying any proof that she was in the states in a non-illegal fashion. It wasn't that she didn't file for AoS.

All she had for the Border Patrol was a foreign passport. That's a quick recipe for trouble!

I would not be too sure, The K-1's non-immigrant status expires 90 days after arrival at POE. After the 90 days, the only reason you can still file for AOS is for "Technical Reasons", and you are out of status until the USCIS recognizes that you have filed for AOS ('c)(9)

What are you on about? What are "technical reasons?" You can file for AOS anytime as long as you fufilled the requirements of K1. You are just out of status until you file.

Comes right from the instructions for filing form I-485, (10)('F)(ii)

http://www.uscis.gov/files/form/i-485instr.pdf

Edited February 14, 2009 by Mister_Bill

[itty_bitty 0]

Ok, some of you here say that when the k1 visa expires, the holder is out of status until she files. So when she files and the AOS is pending, what's her status then? coz apparently, she's not a legal permanent resident yet because her application can either be denied or approved.

[I AM NOT THAT GUY 5,715]

Ok, some of you here say that when the k1 visa expires, the holder is out of status until she files. So when she files and the AOS is pending, what's her status then? coz apparently, she's not a legal permanent resident yet because her application can either be denied or approved.

A change of status applicant is in a protected status until a final determination is made, which is why the alien can apply for an EAD along with the AOS application.

[LaL 418]

I would not be too sure, The K-1's non-immigrant status expires 90 days after arrival at POE. After the 90 days, the only reason you can still file for AOS is for "Technical Reasons", and you are out of status until the USCIS recognizes that you have filed for AOS ('c)(9)

filing "c(9)" has nothing to do with the I485/AOS.

[William33 110]

Ok, some of you here say that when the k1 visa expires, the holder is out of status until she files. So when she files and the AOS is pending, what's her status then? coz apparently, she's not a legal permanent resident yet because her application can either be denied or approved.

A change of status applicant is in a protected status until a final determination is made, which is why the alien can apply for an EAD along with the AOS application.

Agreed. Unfortunately, there are some law enforcement types that don't understand the legal immigration process and hassle those people, while others are jumping the fence right under there nose....Go figure.....

[frostysoftyeaton 6]

This story makes me scared to go to Texas because I'm out of status now even though I already filed for my AOS. If you live in Texas or have been there and experienced similar thing as the girl in the story did, please share it also.

No AOS, got caught, put in jail

I just want to know if some people here have been out of status (but with a pending AOS application) and traveled or lived in Texas, was interrogated in a border patrol check point and it didn't turn out to be a problem. i'm going to texas and im sure my application won't be approved by then so now im doubtful because of what ive read.

I have read the story and that was scary. My concern is, we are just about to file for my AOS next month but prior to that, were going to Biloxi Mississippi for my Vaccination appointment and my visa expires tomorrow February 14, 2009, I just want to know, what necessary documents do I need to bring if somethings come up along the way.

[wowswift 3]

This story makes me scared to go to Texas because I'm out of status now even though I already filed for my AOS. If you live in Texas or have been there and experienced similar thing as the girl in the story did, please share it also.

No AOS, got caught, put in jail

I just want to know if some people here have been out of status (but with a pending AOS application) and traveled or lived in Texas, was interrogated in a border patrol check point and it didn't turn out to be a problem. i'm going to texas and im sure my application won't be approved by then so now im doubtful because of what ive read.

I have read the story and that was scary. My concern is, we are just about to file for my AOS next month but prior to that, were going to Biloxi Mississippi for my Vaccination appointment and my visa expires tomorrow February 14, 2009, I just want to know, what necessary documents do I need to bring if somethings come up along the way.

as i said, where in texas are you going? if its close to el paso, you will hit a check point (at least on the way back). the border is so close there you can see it. if you're gonna be no where near there, don't worry. if you're on I-10 and worried, go away from the border and take I-40

Edited February 14, 2009 by wowswift

[himher 634]

We lived in texas for all of 2008 through the whole AOS filing process and never encountered a problem. Are you kidding? Houston has >200,000 free and clear illegal aliens alone. The only concern you have is the border checkpoints within a few miles of the mexican border. With your husband, an AOS NOA1, marriage cert, and your passport or other ID you will be fine. "Pending AOS" is NOT out of status. Out of status is visa expired, no AOS filed. Hope that helps.

[Caladan 19]

You have filed for AOS so you are fine. Take copies of you NOA1's and marriage cert. to be safe if you are worried about being stopped. You have followed the law, unlike the lady in your story. AOS is not a choice, it's a necessity that that family didn't seem to understand.

And, incidentally, a path some suggest for people who aren't "sure" about their fiances. Take heed, people: if the alien is out-of-status, they're at risk. A K-1 who marries and doesn't adjust is out of status after 90 days, because that's when the I-94 expires. It's just like overstaying a tourist visa or other visa, in terms of the alien's status. Once you file, you have a pending status until the cases is adjudicated.

OP, since you've filed for AOS, you *have* a status. You can bring along a copy of the NOA1 and marriage certificate if you want. C. traveled in Texas shortly after we were married and did not encounter any checkpoints or problems.

[Jasman0717 8]

I have heard rumours of US citizens also being caught up in such border patrol stops and not being able to prove they were US citizens so were detained until someone was able to obtain proof of their behalf.

yea, go figure How many illegals are here, 17 mil or something like that