Married outside 90 days

[TBoneTX 43,247]

OP, although everyone can sympathize with the family traumas that you have just revealed, the answers that you have received here will not change. Objectively, you are in violation of a legal agreement that you made with the U.S. government, and your wife's well-being is at risk, as a result. The advice of contacting an attorney (as a priority) is very good.

The reason that people are responding as they are -- even the "self-aggrandizing, condescending, pompous buffoons" (LOVE that description) -- is that they see the objective peril of the situation, coupled with an arguably cavalier reaction to it (and to the advice) on your part.

No one can add much to what has already been recommended to you. If you choose to risk traveling with your out-of-status wife, please report the results to the peanut gallery whom you consulted in the first place.

[john_and_marlene 162]

If you were married within 90-day period after arriving at the POE, there is no time limit when to file for AOS.

IS THAT TURE???NO TIME LIMIT FOR FILE FOR AOS???

NO IT IS NOT TRUE. Although they will accept an AOS application ater your I-94 expires without requiring an I-130 application, you are out of status and deportable ater the I-94 expires. As long as you married within the 90 days, you may file for AOS anytime aterwards, even if you are out of status. That does NOT mean that you have any protection from problems arising from your lack of legal status.

The "time limit" to remain in status is clearly spelled out on the I-94--the expiration date.

[Chica Yeyé 41]

OP, although everyone can sympathize with the family traumas that you have just revealed, the answers that you have received here will not change. Objectively, you are in violation of a legal agreement that you made with the U.S. government, and your wife's well-being is at risk, as a result. The advice of contacting an attorney (as a priority) is very good.

The reason that people are responding as they are -- even the "self-aggrandizing, condescending, pompous buffoons" (LOVE that description) -- is that they see the objective peril of the situation, coupled with an arguably cavalier reaction to it (and to the advice) on your part.

No one can add much to what has already been recommended to you. If you choose to risk traveling with your out-of-status wife, please report the results to the peanut gallery whom you consulted in the first place.

Agreed. The OP seems to believe USCIS gives a hoot about anyone's personal problems. They don't. Rules are clear, and are there for a reason. I've said to exhaustion: you don't have to like them, but you bet your youknowwhat you have to follow them. Or not follow them, try to hoodwink USCIS and face the music. And it won't be a ballad, I guarantee you that.

As for the peanut gallery; we always love some entertainment from people who decided to overlook that they got into an agreement with the US government. So bring it on

[TBoneTX 43,247]

we always love some entertainment from people who decided to overlook that they got into an agreement with the US government. So bring it on

Si, man.

[venusfire503 54]

Ok, I might be having a brain fart right now (my kids say "mommy's brain went on vacation" - haha), but I just want to clear something up. Partly just for curiosity (we're past the AOS point, and made sure to send his AOS packet well under the 90 days of his arrival), and partly to clear it up for people who actually need to know. I was under the impression that there was no real deadline, but just "the sooner the better". Now it seems there is/has been actually a 90 day limit for both the marriage and filing for AOS?

Ok, when someone gets here, they get their I-94 with a date written in. My husband's had a date written in for 90 days after arrival, which was also the deadline for our marriage. Is that always the case (a 90 day I-94 for a K-1)? If someone waited until day 90 to get married, they'd have to stop off at the post office that day to mail the package to avoid being out of status (which would be very difficult, if not impossible, because of needing a copy of the marriage certificate)?

I think the answers for all of those are "yes", but just wanted to make sure.

venusfire

Edited July 8, 2009 by venusfire503

[john_and_marlene 162]

Ok, I might be having a brain fart right now (my kids say "mommy's brain went on vacation" - haha), but I just want to clear something up. Partly just for curiosity (we're past the AOS point, and made sure to send his AOS packet well under the 90 days of his arrival), and partly to clear it up for people who actually need to know. I was under the impression that there was no real deadline, but just "the sooner the better". Now it seems there is/has been actually a 90 day limit for both the marriage and filing for AOS?

Ok, when someone gets here, they get their I-94 with a date written in. My husband's had a date written in for 90 days after arrival, which was also the deadline for our marriage. Is that always the case (a 90 day I-94 for a K-1)? If someone waited until day 90 to get married, they'd have to stop off at the post office that day to mail the package to avoid being out of status (which would be very difficult, if not impossible, because of needing a copy of the marriage certificate)?

I think the answers for all of those are "yes", but just wanted to make sure.

venusfire

You seem to have it clear now.

[Krikit 1,163]

Here is a link to an explanation of the consequences of an illegal entry (which now includes the OP's wife). If you read further on down the page you will see the consequences of an unlawful overstay. His wife is now facing a 10 year bar. DaSweetSpot, you really do need to contact an attorney.

Unlawful Entry and Unlawful Overstay of a Visa

[baron555 934]

Ok, I might be having a brain fart right now (my kids say "mommy's brain went on vacation" - haha), but I just want to clear something up. Partly just for curiosity (we're past the AOS point, and made sure to send his AOS packet well under the 90 days of his arrival), and partly to clear it up for people who actually need to know. I was under the impression that there was no real deadline, but just "the sooner the better". Now it seems there is/has been actually a 90 day limit for both the marriage and filing for AOS?

Ok, when someone gets here, they get their I-94 with a date written in. My husband's had a date written in for 90 days after arrival, which was also the deadline for our marriage. Is that always the case (a 90 day I-94 for a K-1)? If someone waited until day 90 to get married, they'd have to stop off at the post office that day to mail the package to avoid being out of status (which would be very difficult, if not impossible, because of needing a copy of the marriage certificate)?

I think the answers for all of those are "yes", but just wanted to make sure.

venusfire

I think you have it wrong. From what I have learned, first, if you file AOS before the 90 days, then you're good to go. Yes you go into out of status mode but you can offset this with a copy of the NOA1 of the AOS petition.

Many folks have no problem when they file for AOS for a few days after the 90 day limit. Again, the NOA1 is your "temporary receipt" (my words) and is not a visa nor anything else.

But, there is no set time limit. I do not know how many days beyond the 90 day limit you will be allowed to extend before they will not adjust you and deport you. I know about the 180 day limit but that's for something else. No you do not have another 90 days; no one stated that and definately CIS does not.

So in some places you are given a ticket for driving 1 mile over the speet limit and in others you can go up to 10.

The BEST advice is to file before the 90 day limit, meaning you marry before that also. That is what we are planning on doing.

And, I have already begun to complie those documents and information and checklists which I will use to aid me. They will also come in handy if my life takes a turn for the worse and I can not devote full time to the process.

I take the process seriously and have looked at what I need to do in the future; and did this before I jumped in.

Edited July 8, 2009 by baron555

[Tito Jorge 0]

Other than what I should have done, Any thoughts would be appreciated.

I think the only thing you CAN do now ... is file for AOS as soon as possible ...

Until then she will be "out of status" ... at least when you file the AOS she will be "status pending" ... a much better position to be in ...

I know you said money is tight ... and I understand about that ... but make this a top priority and get it done ASAP ...

-- George