out of status

[AubreyJ 0]

I can't seem to make the search function work in my favor.. so if someone would be so kind as to explain to me..

I believe I have been told that as long as you marry within the 90 days of your k-1 visa, you don't have to apply for AOS right away. My fiance's visa expires August 20th, but I won't be able to sign the affidavit myself until a little into September. Is there a problem waiting a few weeks? Is there a time limit, conditions, or any problems in waiting until then to file?

Thanks for any help!!

[ForeverAmen 0]

To my understanding, the only thing that matters is that you are married within 90 days of his arrival. Then you must file for an AOS before the K1 visa expires (which I believe is 90 days from his arrival.

[sjoefl01 1]

Most people become out of status before they file for adjustment. Don't worry. It is great to file quickly when possible because somettimes this process takes a long time.

Having said that your wife / husband will technically be out of status. You wont have any problems about filing but I would keep a low profile. No working, or anything that might give you a brush with the law. They probably have the authority to cause great problems.

[Not Available 0]

You're fine. The I-485 states that as long you have married within those 90 days, you are ok. After 6 months is pushing it. I waited 2 months after my visa expired before i filed

[tomica52 0]

The only thing is if you wait for a long period of time I wouldn't use AP since they might not let your housband/wife back in.

[Miranda&James 8]

I have seen elsewhere on the site that as long as you file AOS before 180 days is up you should be alright. You are technically out of status after 90 days (or once your K1 expires) but you should be ok as long as you file before the 180 day mark. Just be SURE you get married in that 90 days!

[Peter Miami 0]

You will be alright.

Good luck,

Peter Miami