AOS...

[Dr. A ♥ O 203]

And your answer is here too: http://www.visajourney.com/forums/index.ph...t&p=2513104

[Dr. A ♥ O 203]

I think your fine. More people ask the same question on page 13 and 14 and the same answers come up that you're ok to file AOS after the 90 days as long as you marry within the 90 days. It just means they become out of status.

[Dr. A ♥ O 203]

And page 15

But page 16 gets interesting discussing exactly what you asked about being deported when out of status.

It starts at this post: http://www.visajourney.com/forums/index.ph...t&p=3619520

And this is the last post on page 16 to discuss it:

It's correct - overstay (out of status), as long as there are not other adverse factors, is not held against you when you AOS.

However, my personal stance on there isn't a "dead line" for filing the AOS. It's correct that there isn't anything in the AOS instructions that state that, however, you "status" is controlled by the I-94.

The visa doesn't give you status, your I-94 does. (this is why you have to have one when you come in the US, and why you have to turn it in to prove you left - protecting your status and future trips)

Once you go out of status, you are subject to issues with ICE. If for some reason or another you get involved with them prior to AOS, you may have some serious issues. (some cases = deportation)

Now - will ICE come kicking down your door? Probably not - but do a search on ICE in the AOS section here and you will find recent cases (like in the last 4 weeks of this post) of ICE looking for people that are "out of status".

Do you want to be that person making a post that ICE is looking for you out of status?

So, the I-94 should be considered your "dead line" to file the AOS - filing protects your status. Not filing does nothing but leave you out of status. (not a good place to be)

Edited February 10, 2010 by ~Flower~

[Otto 83]

** Topic may indeed be better suited in the "Adjustment of Status (Green Card) from Family Based Visas"; moving thread there unless there are objections.

[Teffah 5]

** Topic may indeed be better suited in the "Adjustment of Status (Green Card) from Family Based Visas"; moving thread there unless there are objections.

I already posted it there - I meant to post it there in the first place, but I guess I am used to always posting within MENA.

[Wis-Can 0]

We got married just a few days short of the 90 days. We filed our AOS about a week later and got our NOA1 a couple days past the 90 days. We haven't had any problems. AP and EAD have been approved.

[baron555 934]

Ok, so I am a little nervous. I just recieved a private message from someone, who I believe was trying to be very helpful. I was told that I was probably cutting it to close to our 90 days for our wedding. Bijad will come in on February 27th but we are not getting married until May 22nd, 2010. We are only 5 days short of our 90 days. I was under the impression as long as we are MARRIED within the 90 days we were ok... I was told, in the private message, that if you did not adjust status with in that 90 days, Bijad could be deported back to Morocco?!!!! They said they knew someone that was deported back because they did not file AOS within that 90 days!

OMG! Help!

Wrong advice. Your current plan is fine. Dont' sweat it.

[DanielParul 50]

You need to be married within the 90 day period. Sending the AOS package within 90 days is not the requirement and does not mean automatic denial and deportation. Sending the AOS package ASAP after the marriage is wise as it does not put the beneficiary in a deportable situation because as soon as you apply for AOS his status here will be pending AOS and not illegal after I-94 expires.

edited for typo

Edited February 10, 2010 by DanielParul