Adjustment of Status within 90 days after K-1 entry?

[thenye1 0]

Do I need to file the I-485 and associated forms for my new spouse's Adjustment of Status in any certain timeframe? We got married within four days of her arrival on April 8th, 2010 and I can't find on the USCIS site if it matters if we do it now or in the future. Thanks for your help.

[JimVaPhuong 4,863]

Do I need to file the I-485 and associated forms for my new spouse's Adjustment of Status in any certain timeframe? We got married within four days of her arrival on April 8th, 2010 and I can't find on the USCIS site if it matters if we do it now or in the future. Thanks for your help.

Normally, an alien must have maintained their non-immigrant status in the US in order to be eligible to adjust status, unless they were "out of status" through no fault of their own, or for technical reasons. This means that, generally speaking, if the I-94 expires then they aren't eligible to adjust status.

HOWEVER, there is a specific exception for K1 fiancee or K2 derivative, provided that the K1 married the petitioner during the 90 day window after entering the US.

If you do not submit the AOS petition within 90 days, then she will technically be out of status. However, as long as you married within the 90 days then she will remain eligible to adjust status. If you have an encounter with ICE during that time then you will have extra explaining to do, but it's unlikely they would try to remove her (unless you happen to live in Arizona ). The other normal rules for overstay apply, however. If she leaves the US she won't be able to return. If she overstays more than 180 days and then leaves she'll incur a ban.

Send the AOS petition as soon as you are able to avoid any headaches.

[Otto 83]

** Topic is (or seems to be) AOS related and may be more appropriate in AOS Family-Based Discussion; moving thread there from (K-1 Proc.)