AOS

[CowboySweetheart 5]

Hi guys!I am new here,and I need some help pls.I got here in the US little over two years ago.My husband and I got married within 90 days upon arrival in USA,but we just now are getting ready to file our AOS.I just need to know if there is going to be any problem,since we didn't file AOS soon after marriage.Pls advice,from experience,anything you may know about it!It will be greatly appreciate it!Thank you.Wish you all a great day and good luck to all of you out there filing your forms,or like me looking for answers!!

[Oksana & Max 94]

You might have issues with that. Since you haven't filed AOS for that long time it is most likely that USCIS considered you under removal proceedings, since you overstayed your I-94. You better file AOS ASAP, hopefully you have a good explanation for your interview, why you never filed for AOS.

[bigdog 376]

Don't leave the country, or get arrested. You can consult an attorney, but I would file for AOS I485, I130 as married. I am no expert in this area.

[Penny Lane 8,159]

You might have issues with that. Since you haven't filed AOS for that long time it is most likely that USCIS considered you under removal proceedings, since you overstayed your I-94. You better file AOS ASAP, hopefully you have a good explanation for your interview, why you never filed for AOS.

I was under the impression that there is no time limit to file AOS. The only requirement was to get married in 90 days, which the OP did. They got married before their I-94 expired. There is no overstaying the I-94. Once it expired, they were considered out of status, but it isn't an overstay.

Edited November 4, 2011 by Coconuts

[Dan & Jenni 457]

it shouldnt cause any problems so long as you dont leave the country or get in trouble with the law

here is another thread from today... they havent left it as long to file but its still the same...

http://www.visajourney.com/forums/topic/337112-am-i-running-too-late/

[CowboySweetheart 5]

it shouldnt cause any problems so long as you dont leave the country or get in trouble with the law

here is another thread from today... they havent left it as long to file but its still the same...

http://www.visajourney.com/forums/topic/337112-am-i-running-too-late/

Thank you all for taking the time to answer! I didn't think there is any problem because I couldn't find nowhere,anything saying that if you don't apply for AOS soon after marriage you might be in trouble,all that is saying about it is that you got to get married within 90 days after arrival in USA and after that apply for AOS but didn't give you any timeline or anything.!! So I guess we'll see.I have no intention to leave the country anyway,at least not before I make sure I can come back..) Thank you guys.

Cami

[baron555 934]

You might have issues with that. Since you haven't filed AOS for that long time it is most likely that USCIS considered you under removal proceedings, since you overstayed your I-94. You better file AOS ASAP, hopefully you have a good explanation for your interview, why you never filed for AOS.

This is so wrong and incorrect information.

Since you married within the 90 days you are legal to stay but just have no status. The overstay will automatically be absolved when you get around to AOS. There is no set time limit to do that but........you may have to explain the reasons for the delay during the AOS interview.....but other than that there is no requirement. Of course you can not legally work and if you leave the US you won't be able to get back in without the AP or GC or another a spousal visa. Removal proceedings....I don't think so....they are using their limited resources to go after illegals and you entered legally. There is no requirement to file for AOS before the I-94 expires.....many many do and do not have a problem.

[CowboySweetheart 5]

This is so wrong and incorrect information.

Since you married within the 90 days you are legal to stay but just have no status. The overstay will automatically be absolved when you get around to AOS. There is no set time limit to do that but........you may have to explain the reasons for the delay during the AOS interview.....but other than that there is no requirement. Of course you can not legally work and if you leave the US you won't be able to get back in without the AP or GC or another a spousal visa. Removal proceedings....I don't think so....they are using their limited resources to go after illegals and you entered legally. There is no requirement to file for AOS before the I-94 expires.....many many do and do not have a problem.

Thank you so much for your replay 'baron555'!! The more I think about it the more I see that they could have send me back to Romania if that was the case.But couple of times we moved and I ask them to change the address in the file,also when I gave birth to our daughter we applied for Medicaid to help with the birth medical expenses.Of course after approving they got confirmation from UCIS..sooo..wouldn't they send me back by now???

Thank you so muh!And gongrats on your approved AOS!!Wishing you all the best!

[Penny Lane 8,159]

Thank you all for taking the time to answer! I didn't think there is any problem because I couldn't find nowhere,anything saying that if you don't apply for AOS soon after marriage you might be in trouble,all that is saying about it is that you got to get married within 90 days after arrival in USA and after that apply for AOS but didn't give you any timeline or anything.!! So I guess we'll see.I have no intention to leave the country anyway,at least not before I make sure I can come back..) Thank you guys.

Cami

Yep, you've already lived up to the requirements of your Visa by getting married in the 90 days. File for AOS/EAD/AP whenever you can, and don't worry.

[VanessaTony 3,567]

I was under the impression that there is no time limit to file AOS. The only requirement was to get married in 90 days, which the OP did. They got married before their I-94 expired. There is no overstaying the I-94. Once it expired, they were considered out of status, but it isn't an overstay.

Yes they are overstaying AND out-of-status. If the OP was to leave the US (prior to AOS being approved, and ever with AP) they would incur a ban due to their OVERSTAY. While there is no legal requirement to AOS asap, you are still out-of-status and able to be locked up in detention.

It is very foolish to wait more than 6 months (when an overstay ban will occur on leaving if AOS is not complete). A perfect example are cases where the person overstayed because they couldn't afford to do AOS right away. Then the relationship falls apart, they leave and can NEVER return. Only if they get another fiance/spousal petition. Their overstay means they're unlikely to ever get a visitors visa, and if from a VWP country unable to use the VWP.

[VanessaTony 3,567]

Yep, you've already lived up to the requirements of your Visa by getting married in the 90 days. File for AOS/EAD/AP whenever you can, and don't worry.

You misunderstand. The requirement of marrying in 90 days is ONLY so that you can adjust status based on the K1. Failure to marry in the 90 days means you cannot adjust based on the K1, BUT you can still marry the K1 petitioner, and file for AOS but you must file an I-130. The visa requires you to marry the petitioner and ONLY the petitioner. You can't marry someone else whilst on a K1 visa and expect to stay. You can marry someone else while on a K1 but you would have to leave an file a CR-1.

So this assertion that "don't worry, you fulfilled the terms of the K1" is foolish. The term of 90 days is only so you can adjust status based on the K1, it doesn't secure your status in ANY way. You are no safer than any other person that has married a USC while on a visitor visa, or VWP and not yet adjusted. You can still be detained, you are still accruing out of status days, you can still be deported if your don't successfully AOS.

Edited November 4, 2011 by Vanessa&Tony

[Penny Lane 8,159]

You misunderstand. The requirement of marrying in 90 days is ONLY so that you can adjust status based on the K1. Failure to marry in the 90 days means you cannot adjust based on the K1, BUT you can still marry the K1 petitioner, and file for AOS but you must file an I-130. The visa requires you to marry the petitioner and ONLY the petitioner. You can't marry someone else whilst on a K1 visa and expect to stay. You can marry someone else while on a K1 but you would have to leave an file a CR-1.

So this assertion that "don't worry, you fulfilled the terms of the K1" is foolish. The term of 90 days is only so you can adjust status based on the K1, it doesn't secure your status in ANY way. You are no safer than any other person that has married a USC while on a visitor visa, or VWP and not yet adjusted. You can still be detained, you are still accruing out of status days, you can still be deported if your don't successfully AOS.

But they DID fulfill their requirements. The ONLY requirement of the K1 is that you marry the petitioner within 90 days. And nowhere did I say that any kind of status was secured. In fact, I even said that they were considered OUT of status. As long as they file for AOS, the overstay goes away.

Out of curiosity, unless the non-US citizen leaves the country or gets in trouble with the law, how would they be deported?

[ceadsearc 516]

They most likely would not be caught otherwise but there is a risk with new laws like the one in Alabama popping up.

The OP can still adjust status and should file ASAP. They can't use AP since they have overstayed too long. Overstay will be forgiven as they are the spouse of a USC but nonetheless they should file ASAP as they continue to be out of status.

[CowboySweetheart 5]

You misunderstand. The requirement of marrying in 90 days is ONLY so that you can adjust status based on the K1. Failure to marry in the 90 days means you cannot adjust based on the K1, BUT you can still marry the K1 petitioner, and file for AOS but you must file an I-130. The visa requires you to marry the petitioner and ONLY the petitioner. You can't marry someone else whilst on a K1 visa and expect to stay. You can marry someone else while on a K1 but you would have to leave an file a CR-1.

So this assertion that "don't worry, you fulfilled the terms of the K1" is foolish. The term of 90 days is only so you can adjust status based on the K1, it doesn't secure your status in ANY way. You are no safer than any other person that has married a USC while on a visitor visa, or VWP and not yet adjusted. You can still be detained, you are still accruing out of status days, you can still be deported if your don't successfully AOS.

"You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States".

This is the requirement for K1.Marry the US Citizen within 90 days of your entry in USA!!!!It doesn't say you must marry within 90 day so you can apply for AOS.I think you missunderstood the requirement.

[VanessaTony 3,567]

But they DID fulfill their requirements. The ONLY requirement of the K1 is that you marry the petitioner within 90 days. And nowhere did I say that any kind of status was secured. In fact, I even said that they were considered OUT of status. As long as they file for AOS, the overstay goes away.

Out of curiosity, unless the non-US citizen leaves the country or gets in trouble with the law, how would they be deported?

When taken before an immigration judge they will be ordered to AOS immediately. The ONLY reason they're not deportable is because it's a privilege given to the USC, giving their spouse the chance to AOS. The spouse could walk in and say "not gunna AOS them" and that's it, they can be deported. If the AOS is denied, they can be deported. You mentioned one of the others, breaking the law.