filing within 90 days

[jaygregory 1]

just so were clear here....we just need to file the adjustment of status within 90 days of entering the states....so if we post it off with 2 weeks left of the 90 days.....were still legal and everything is totally okay with that? cheers for the help

[HeatDeath 430]

You need to be married within 90 days of your entry to US on a K-1.

To be precise, you need to be married before the expiry date on your I-94, which is virtually always 90 days.

It is a very good idea, for a whole host of reasons, to file your AOS papers as soon as humanly possible after the wedding.

However, you do not have to file your AOS before the K-1 I-94 expiry. If it goes out a few days or weeks after the I-94 expiry date, it is almost certainly no big deal. If you're coming up on that deadline, do not rush yourselves. Take an extra day or three, go over the paperwork and make sure everything is correct. It is much more important that the paperwork be accurate and correct than that it get to USCIS before your K-1 I-94 expiry date.

One of the reasons why it is a good idea to get the AOS forms sent off as early as possible is that doing so allows you to get the AOS NOA1 as soon as possible. Once your I-94 expires, you will have no way to prove that you are legitimately in the US until the AOS NOA1 receipt shows up. If there is a gap of time between your I-94 expiry date and when you get the NOA1, and you happen to have a run-in with federal law enforcement or ICE during that gap, your life will temporarily become far more interesting than you'd like. There won't be any permanent consequences, but you'll have a very interesting couple of days, and not in a good way.

So try to get it sent off as soon as possible. But don't sweat it if it's a few days later.

To answer your question specifically, yes. If you are sending off your AOS papers two weeks before the K-1 I-94 expiry date, everything will be fine, and you even have a very good chance of getting the NOA1 before your I-94 expiry date.

Edited March 21, 2011 by HeatDeath

[HappyRs 8]

You need to be married within 90 days of your entry to US on a K-1.

To be precise, you need to be married before the expiry date on your I-94, which is virtually always 90 days.

It is a very good idea, for a whole host of reasons, to file your AOS papers as soon as humanly possible after the wedding.

However, you do not have to file your AOS before the K-1 I-94 expiry. If it goes out a few days or weeks after the I-94 expiry date, it is almost certainly no big deal. If you're coming up on that deadline, do not rush yourselves. Take an extra day or three, go over the paperwork and make sure everything is correct. It is much more important that the paperwork be accurate and correct than that it get to USCIS before your K-1 I-94 expiry date.

One of the reasons why it is a good idea to get the AOS forms sent off as early as possible is that doing so allows you to get the AOS NOA1 as soon as possible. Once your I-94 expires, you will have no way to prove that you are legitimately in the US until the AOS NOA1 receipt shows up. If there is a gap of time between your I-94 expiry date and when you get the NOA1, and you happen to have a run-in with federal law enforcement or ICE during that gap, your life will temporarily become far more interesting than you'd like. There won't be any permanent consequences, but you'll have a very interesting couple of days, and not in a good way.

So try to get it sent off as soon as possible. But don't sweat it if it's a few days later.

To answer your question specifically, yes. If you are sending off your AOS papers two weeks before the K-1 I-94 expiry date, everything will be fine, and you even have a very good chance of getting the NOA1 before your I-94 expiry date.

thumbs up for an accurate and clear answer!

[jaygregory 1]

yes,thanks for the very clear and detailed answer,a lot of help,thanks so much

[scotchland5206 5]

You need to be married within 90 days of your entry to US on a K-1.

To be precise, you need to be married before the expiry date on your I-94, which is virtually always 90 days.

It is a very good idea, for a whole host of reasons, to file your AOS papers as soon as humanly possible after the wedding.

However, you do not have to file your AOS before the K-1 I-94 expiry. If it goes out a few days or weeks after the I-94 expiry date, it is almost certainly no big deal. If you're coming up on that deadline, do not rush yourselves. Take an extra day or three, go over the paperwork and make sure everything is correct. It is much more important that the paperwork be accurate and correct than that it get to USCIS before your K-1 I-94 expiry date.

One of the reasons why it is a good idea to get the AOS forms sent off as early as possible is that doing so allows you to get the AOS NOA1 as soon as possible. Once your I-94 expires, you will have no way to prove that you are legitimately in the US until the AOS NOA1 receipt shows up. If there is a gap of time between your I-94 expiry date and when you get the NOA1, and you happen to have a run-in with federal law enforcement or ICE during that gap, your life will temporarily become far more interesting than you'd like. There won't be any permanent consequences, but you'll have a very interesting couple of days, and not in a good way.

So try to get it sent off as soon as possible. But don't sweat it if it's a few days later.

That's great to know. I'm hoping to fly out on April 22nd (eagering awaiting the return of my passport at the mo) and getting married on the 1st of July, which will be 71 days after entering the US. I'll have all the paperwork ready to go, will just be waiting on the Marriage Certificate. So the AOS packet may make it a few days before the I-94 expires, but it could possibly be a few days after...

To answer your question specifically, yes. If you are sending off your AOS papers two weeks before the K-1 I-94 expiry date, everything will be fine, and you even have a very good chance of getting the NOA1 before your I-94 expiry date.

[HeatDeath 430]

That's great to know. I'm hoping to fly out on April 22nd (eagering awaiting the return of my passport at the mo) and getting married on the 1st of July, which will be 71 days after entering the US. I'll have all the paperwork ready to go, will just be waiting on the Marriage Certificate. So the AOS packet may make it a few days before the I-94 expires, but it could possibly be a few days after...

I PoE'd on July 12, 2009. So my I-94 expired October 10, 2009.

I got married September 12, 2009, or roughly 60 days after I PoE'd.

I mailed off my AOS packet September 23, 2009, so I had a good 17-20 days remaining on my I-94.

My NOA1 was dated October 1, 2009, and I'm virtually certain I got my NOA1 before the I-94 expired.

So yeah, you'll be fine. As I said, it doesn't matter at all if it's a few days after. People have AOS'd months and months after the I-94 expiry and gotten through just fine.