Anyone had problem doing AOS after 90 days of entry

[JohnMB 0]

Hi everyone,

The guide suggests doing AOS as soon as possible after wedding and within 90 days of entry. Searching the posts though reveals that adjusting even after 90 days is not an issue.

I have incurred some debt due to unexpected expenses recently and would like to put off the AOS for another 4 or 5 month, by which time I would have cleared my debt and have funds available. That would be three months or so past the 90 days period from US entry. Reading the posts, it seems it is okay, but I wanted to do a final check. Please let me know if anyone has had an issue doing this. If I really have to, I can borrow some more money and get it done, but it is not my preferred choice.

PS: I am off to work so will not be able to reply till later in the evening, but thank you very much for your responses!

[payxibka 10,048]

Hi everyone,

The guide suggests doing AOS as soon as possible after wedding and within 90 days of entry. Searching the posts though reveals that adjusting even after 90 days is not an issue.

I have incurred some debt due to unexpected expenses recently and would like to put off the AOS for another 4 or 5 month, by which time I would have cleared my debt and have funds available. That would be three months or so past the 90 days period from US entry. Reading the posts, it seems it is okay, but I wanted to do a final check. Please let me know if anyone has had an issue doing this. If I really have to, I can borrow some more money and get it done, but it is not my preferred choice.

PS: I am off to work so will not be able to reply till later in the evening, but thank you very much for your responses!

Yes, it is possible to have a successful AOS journey from K-1 if you apply after 90 days (providing the marriage occurred inside the 90 days)

Not a K-1 Fiance(e) visa topic but an AOS topic. There is an entire forum dedicated to this phase of the process... you would be helped to visit and READ the postings in that forum.... Most of your potential questions (including this one) has been asked and answered before.

Moving this thread

[Bobby+Umit 161]

Hi everyone,

The guide suggests doing AOS as soon as possible after wedding and within 90 days of entry. Searching the posts though reveals that adjusting even after 90 days is not an issue.

I have incurred some debt due to unexpected expenses recently and would like to put off the AOS for another 4 or 5 month, by which time I would have cleared my debt and have funds available. That would be three months or so past the 90 days period from US entry. Reading the posts, it seems it is okay, but I wanted to do a final check. Please let me know if anyone has had an issue doing this. If I really have to, I can borrow some more money and get it done, but it is not my preferred choice.

PS: I am off to work so will not be able to reply till later in the evening, but thank you very much for your responses!

No issues, unless you count that immigrant would be out of status for the 4 to 5 months you hold off doing the AOS, which means you could have issues with ICE.

Also, this time will count against the immigrant as overstay, go over 180+ days, and you may suffer a ban if you attempt to re-enter the US after leaving (even with the AP) - so you would be basically stuck in the US till you have your greencard.

Also, the immigrant will not be able to work till the EAD/GC is in hand. Delaying the AOS will delay this from happening.

Finally, it will also delay the time the immigrant can apply for USC.

There a few posts here where individuals that delayed the AOS had issues with ICE, were detained, and ended up spending more money to defend themselves, but that is a chance you take in delaying the AOS - no one can tell you for sure if you will have issues with ICE or not, so going just by the rules,

I would strongly recommend that you borrow the money and get the AOS done and in hand sooner than later, but I'm kinda crazy that way...

(here is a quick post I found where the person had big issues waiting - VJ )

Edited March 17, 2010 by Bobby+Umit

[iahmjpinoy 6]

(here is a quick post I found where the person had big issues waiting - VJ )

That link you gave has to do with a couple that didn't marry before the 90/days(actually married 9/months after getting to the US) and then filed AOS afterwards. I think JohnMD was more concerned with filing the AOS after the 90/days, which I hope he is married before the 90/days is up and not like that couple from that link you posted.

Other than that, I agree with most of your post. They just need to make sure as to not get in any situations where ICE would be of any concern. I filed our AOS 6/months after getting married, the only problem we had was the medical exam, by the time USCIS got it, it was expired and we just had to do another one... our interview is on 4/13/10.... I'm not saying it will be all ok with you.. but alot of people(reading from other post) seem to not have any problems doing the AOS a couple months after their 90/days are over...

Good luck with your finances and the AOS process...

Edited March 17, 2010 by iahmjpinoy

[Damian&Kelly 16]

I wouldn't advise you to wait but I will say that my husband and I waited over 6 months after his I-94 expired to apply for AOS. The only reason we wait was because of money. We had no issues at all but keep in mind, the K-1 medical is only good for 1 year. Also I wouldn't apply for AP with the AOS because it's said if you wait too long to apply, it causes issues with the AP and coming back to the US. So with waiting comes not being able to leave the US and also not being able to work.

[TBoneTX 48,527]

While you're in this status, do NOT travel anywhere within a 100-mile radius of the U.S. borders, especially with Mexico. The CBP agents at the interior checkpoints have no sense of humor about such matters.

[SmallBoss 0]

I just got off the Phone with USCIS 10 min ago, and I have asked this question 3 times to 3 different phone Ops in the past, and all have said It is not a problem filing the AOS after your 90 days as long as you fulfilled the Marriage obligation (K1 Visa).

I-94 is out of date - yes, but this should not be an issue at this point.

[ashenflowers 5]

If I were you (and I am essentially... my husband lost his job when I arrived in the US, so you can imagine what that did to our finances and plans...) I would borrow the money. We had to borrow money to pay for ours, and are doing everything in our power to get the AOS filed before the I-94 expires. For me it's just piece of mind knowing that I did what I could to do it right without any issues caused by me. lol

[Brother Hesekiel 2,236]

If someone enters the US with a K-1, marries the petitioning US citizen within the allotted time frame of 90 days, that person is not even required to file for AOS. Crazy, isn't it?

While the now married spouse of the USC will be unable to apply for a driver license, work permit, or even SS number, he or she is still legal in the country, even with an expired I-94.

Of course, John, one would be crazy to stretch the limits of this immigration loophole without the pressure of a true emergency, but for your personal purposes it should be comforting to know that even if your wife gets stopped by immigration officials a year or two from now, nothing bad is going to happen to her.

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[Ladylethal 12]

The 90 days is to get married, not to file for AOS. The AOS is to be filed as soon as possible after receiving the marriage certificate, but as long as you fulfilled your K1 requirement there isn't a real time limit to file for AOS. The answer is always, the sooner the better.

I've seen VJ cases that filed 2-3 months after the I-94 expired and were fine, I've seen cases of 6+ months too ( can't remember the outcome of those), and I do believe there was someone here on VJ that had problems with their AOS when they had waited over a year to file for it.

[JohnMB 0]

Thank you very much to each and everyone for taking the time to share your knowledge! This is really a great forum!! I am in much informed position now.

I should have made it more clear but yes marriage was within 90 days and it is only AOS that I am trying to postpone due to financial reasons.

I did not even think of medical expiring and having to redo it and I cannot imagine it is very cheap. What really bugs me though is the ban that Bobby+Umit talks about. Ladylethal & Bob suggests there is no time limit to file AOS. So we have no plans to leave the country (or go anywhere near Mexico border) in near future but if we have to visit UK for any emergency I would have thought that, in worst case scenario, we would just need to file I130 and start over. But if there is a high possibility of incurring few years of entry ban, that would truly be very devastating.

I suppose we need to pull all stops but try to get this done as soon as possible. The ban thingy has us really scared.

Thanks again everyone!

[Ladylethal 12]

Yep, like said before, ASAP is the operative word for AOS, and again, the sooner the better. I'd advise against leaving the country without your AOS approved. What you can do is apply for an AP if you need the leave the country but I'd say do your best to file for that AOS SOON.

[TBoneTX 48,527]

it should be comforting to know that even if your wife gets stopped by immigration officials a year or two from now, nothing bad is going to happen to her.

This is perilous (and irresponsible) advice to offer and to follow. File for AOS as a priority.

[Bernie C 24]

Hey John,

My finacee entered on Jan 16, wow the time has really flew by. We are getting married on March 31st. That is the most important thing since it meets the 90 day requirement since entry. She still needs a few vaccinations before we can apply for AOS (she got some and is scheduled to receive the remainders on April 16th). That is the end of the 90 days. We plan on going ASAP to the civil surgeon to get the I-693 completed and then send the AOS documents. We will be a little over but we want to keep everything as close as possible to the times established and recommended. (Luckily I should be receiving my tax return this week so I'll have the money for the fees). There is not really a problem of you go past the 90 days to file for AOS as long as your married within the 90 days. However it is our opinion that the process should be completed as soon as resonably possible. We all run into difficulties and unexpected problems at times so each case has to be handled in a manner which works for you and also keeps things in line as best as possible.

Good Luck and Best Wishes to you both!