We procrastinated before filing AOS

[James&Christy 0]

Hi,

My K-1 visa was issued on 7th Feb, I arrived in the U.S. on 3rd April, and we got married on 9th April. So as far as the use of the visa and the time period to get married is concerned, everything's fine.

However, we procrastinated horribly with the AOS and, although almost ready to file, it's now been 91 days since I entered the U.S.

I cannot find anything which says how soon after arrival/marriage that you have to file the AOS. It's going to be sent off in the next 2-3 days for sure, but we're a bit worried that we've screwed up. The notary public signature on the I-864 is going to be dated today which will prove we didn't send it off within 90 days.

Advice please!

~James.

[Nearly Done 8]

I personally would not worry about it, you will only be a few days over the 90. I think as long as you married within the 90 days and you did, then that's all that matters lots of people have gone much longer and had no problem. Relax

edited: cos I simply can not spell today

Edited July 3, 2006 by margyw

[Jonesie 1]

We filed late (I94 expired April 7th, we filed AOS April 28th, received NOA for AOS in early May), but (as of yet) had no problems with it. Our interview is next month, so if they ask why we took so long , we're gonna tell them that we waited for our taxes to be filed (which is the truth). Good luck!

Edited July 3, 2006 by Jonesie

[SilentJester 0]

We filed 30 days late, once you accumulate 180 days is when you might start seeing some trouble.

[sjoefl01 1]

Not a problem at all. Don't worry many people wait much longer.

[Peter Miami 0]

You should be alright just, get it in as soon as you can.

Good luck,

Peter Miami

[jolanda 0]

it shouldn't be a problem at all. We filed over a month after my I-94 ran out and my AOS got approved without a problem.

[Not Available 0]

You're fine, if you read the I-485 form, it states that as long as you got married in the 90 days, you are still eligible to file AOS. It's when you reach 180 days(6 months), you're pushing it. We waited two months to fil after the I-94 expired and were fine.

Edited July 4, 2006 by Stina

[malutka 0]

Don't worry! My husband came to the US on September 26th, we got married on November 22 and we filed the I-485 in March. He has since received his EAD and had his case transferred to California Service Center. We just got notice that he is being mailed an RFE, but I'm sure that is for his vaccinations. Relax, you're ok!

[de_sjiem 0]

Hey, we filed for my AOS about 5 months (I think) after my I-94 ran out.. and I was approved no problems and have my green card. You will be just fine... good luck!

[yogib37 3]

OH MY GOD, they will catch you and kick you out send you back to your country...

Nah just kidding you.. Dont worry one bit. Technicly you are out of staus but once it is droped in the mail box Your back in staus.

It is no big deal. I filed my AOS after my wife k-1 expired. We had no problems.

just still waiting for aproveal from CSC center.

Take care

Yogi

[rebeccajo 14]

Not to be a rabble-rouser, but I don't agree with the 'No Big Deal' philosophy.

Anecdotal evidence on VJ suggests that it usually is not a big deal - other than the 180 days mentioned previously.

But it's also stated in the guides that it's preferable to file within the original 90 day K-1 window.

I think you will be fine - I'm only making this point for the benefit of those reading ahead. DHS reserves the right to start enforcing rules any time they see fit, and in today's climate I prefer not to mess with them.

Just my two cents.

[rushter 0]

Not to be a rabble-rouser, but I don't agree with the 'No Big Deal' philosophy.

It really IS, no big deal. The USCIS has made particular exception to those out of status on a K1.

While it is totally 'uncool' with the overall scheme of things, a K1 out of status is specifically brought back into status by filing aos when it's most practicable.

Although my own situation dictated pushing the limits of K1/AOS timeframes, I know that if my wife left the country right now she would not be allowed back in because of it. Which makes it uncool for sure.

Just do it asap. You'll be ok as long as you don't need to go back home in the interim.

jmho.

PS: That said, once you have a problem and need to go home, AND you are actually out of status, then you're screwed. And everything that Mr Anti-"No Big Deal" philosophy said is the real thing. Pray mom don't get sick or mugged or something and you need to go home and you're out of status here. Better safe than sorry. He's right. But so is everyone else. Just don't be on the out of status side when your loved one back home is having a problem where your attendance is needed.

[James&Christy 0]

Ok thanks for all your helpful comments. We're just waiting to get the money together now to file the AOS, so it shouldn't be much longer. Although it'll be done in the next few days, the comments here have certainly put my mind at rest! I will still be cautious though, and just get it done!