AOS -- double post, sorry

[Teffah 5]

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!

[Scott and Mhay 57]

That is not true....as long as you get married within the 90 days, he will not be out of status. You just need to apply for AOS as soon as practical. You can get married on the 90th day and still be good. Look at the instructions for the I-485....item 3A

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

Edited February 10, 2010 by Scott and Mhay

[Scott and Mhay 57]

Here is more:

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

http://www.uscis.gov/portal/site/uscis/men...arch=entireSite

the only way that he could get removed is if he didnt marry you within the 90 days.

[Ellie-and-David 38]

The requirement is that you MARRY within 90 days. The rule on this is very clear.

The 90 days does not refer to a requirement that you have to marry and file within that time period.

It is always preferable that you do not wait until the last minute to get married. Should (for any reason...eg: ILLNESS) you be unable to get married on that day, it is better to have time to make alternative arrangements and get married before the 90 day period is up.

Should you fail to marry within 90 days, the K1 would be invalid and AOS would be denied.

Technically speaking, once the I-94 date has passed, the beneficiary is without status, but many people find themselves in this situation after having to use the 90 day period to plan a wedding...and have no problems adjusting status...as long as the paperwork is filed correctly, a bonafide relationship is existent and all evidence is submitted. You should submit AOS papers as soon as possible after your wedding, but if you have to wait to submit, this will be unlikely to have a negative impact on the outcome of the AOS.

You were misinformed.

[VanessaTony 3,567]

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!

It is more than likely that the person who messaged you is referring to a person adjusting from the VWP as there was an article recently regarding that.

As he is NOT there on the VWP this does not apply to you. There is NO ISSUE with you applying for AOS after the 90 day period AS LONG AS you are MARRIED before the 90 days expire.

Please report the person who private messaged you to a moderator so they may speak with them in private.

**Edit - it's safer so that you're not out of status, but waiting DOES NOT affect your ability to apply or be approved and does not mean your fiance (then husband ) will be deported simply for applying late.

Edited February 10, 2010 by Vanessa&Tony

[Otto 83]

** I moved your duplicate post from MENA to "AOS from Family based visa".

[Teffah 5]

Here is more:

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

http://www.uscis.gov/portal/site/uscis/men...arch=entireSite

the only way that he could get removed is if he didnt marry you within the 90 days.

Thank you, thats a huge help.

** I moved your duplicate post from MENA to "AOS from Family based visa".

Thanks