Anyone had problem doing AOS after 90 days of entry

[Bobby+Umit 161]

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.

Strange advice.

This document says different about the I-94 expiring. Your not considered "illegal", however, if you go past your I-94, you are now in an "unlawful status" - which means they can deport you, regardless if your married to an USC.

What is unlawful presence? If I violate the terms and conditions of my status or have been in the U.S. without lawful status, and then leave the U.S., will I be able to come back?

Any violation of immigration law can affect your eligibility to reenter the U.S.

For example, if you have been in the U.S. for more than 180 days without lawful presence (which means you were not meeting all the terms and conditions of a lawful status accorded to you or after you entered the U.S. illegally), you will not be able to get a visa, return to the U.S. or get status while here until you remain abroad for a specific length of time. In some instances, failure to obey the law may permanently bar your return. This is true even if you have a visa, advance parole or other document(s), or at some point otherwise become eligible for status.

We will not make a determination of whether you may be inadmissible in advance, even if you apply for an advance parole.

The best way to ensure that you will not have a problem is to make sure you meet your commitment, and as a guest of the U.S., ensure that you fully understand the terms and conditions of your status and do not violate them. If you believe you may have violated your status, you may want to seek legal advice about the possible impact on your ability to reenter the U.S. in the future.

Second, your statement about not having issues being out of status 2 years from now is pretty wide in making, the people I talk to at ICE tells me a different story, but I suppose there is a chance that nothing will happen, if your willing to bet your future in the US on it.

Again, I urge the OP to read the link I provided, and make your own choice on what is written by USCIS, not some individuals on the Internet.

[JohnMB 0]

Strange advice.

This document says different about the I-94 expiring. Your not considered "illegal", however, if you go past your I-94, you are now in an "unlawful status" - which means they can deport you, regardless if your married to an USC.

Second, your statement about not having issues being out of status 2 years from now is pretty wide in making, the people I talk to at ICE tells me a different story, but I suppose there is a chance that nothing will happen, if your willing to bet your future in the US on it.

Again, I urge the OP to read the link I provided, and make your own choice on what is written by USCIS, not some individuals on the Internet.

Thank you again for the advice and the link. We have borrowed money for AOS fee, started assembling the AOS packet and should be able to mail it out before I-94 expires.