Do we have to submit I-485 within 90 days of arrival?

[Mark-2010 0]

As K-1 visa holder, one has to be married to US citizen with 90 days.

How about AOS?

Between get married and submit I-485, 90+ days after arrival, what status of the previous K-1 visa holder?

legal to stay at US?

Thanks.

[patient2010 93]

There is no set time to file AOS.....as long as u marry within 90 days ur legal.....

[VanessaTony 3,567]

There is no set time to file AOS.....as long as u marry within 90 days ur legal.....

CORRECTION, they are not "legal" simply by marrying in the 90 days.

There is no deadline to file AOS in the 90 days. Once the 90 days are up the K1 visa holder is "out of status". You CAN still be picked up by ICE and technically CAN face deportation but this usually doesn't happen because as the spouse of a USC you're given the opportunity to AOS. If you ran into ICE they would detain you (the immigrant) in immigration jail and you would go before an immigration judge who would tell you that you need to file AOS asap.

Even once you have filed AOS and have the NOA1 you still run the risk of being detained by ICE but again you would go before the immigration judge who would dismiss it while you waited for the AOS result. This issue is more ICE officers not knowing the rules (has happened once or twice to VJ members that I remember).

So sure, wait to file AOS if you need, but the immigrant is out of status and it could end up being trouble than it's worth. If you don't HAVE to wait, I wouldn't.

[Mark-2010 0]

thanks a lot.