What's the time limit for filing AOS

[Fernandez19 1]

My husband arrived on January 19, 2012 on K1 visa. We just got married on April 15, 2012. My marriage certificate only arrived last week. I'm planning on gathering all of the AOS documents to send hopefully by next week or the following.

Is it a problem because I haven't done it within 3 months?

[Caramel 3]

My husband arrived on January 19, 2012 on K1 visa. We just got married on April 15, 2012. My marriage certificate only arrived last week. I'm planning on gathering all of the AOS documents to send hopefully by next week or the following.

Is it a problem because I haven't done it within 3 months?

You just barely made the 90 days mark. You can file anytime you ready the biggest deal is you got married before the 90 days was up.

[Fernandez19 1]

ok great thanks!!

[Penny Lane 8,159]

No requirement File when you're able to!

[Esmeralda715 8]

Thanks Fernandez19 you ask the question for the both of us..

[Beau & Digna 5]

No requirement File when you're able to!

Aren't you considered "out of status" though after the I-94 expires? I'm not sure this is the case with a K-1, but if it is...you certainly wouldn't want to leave the US on Advanced Parole if you file for AOS near 180 days after the I-94 expires. Anyone have experience with this? There seems to be an exception for K-1 applicants being NOT "out of status" in the I-485 (AOS) instructions, but it's rather vague. We're in the same boat, and just wondering.

[Penny Lane 8,159]

Aren't you considered "out of status" though after the I-94 expires? I'm not sure this is the case with a K-1, but if it is...you certainly wouldn't want to leave the US on Advanced Parole if you file for AOS near 180 days after the I-94 expires. Anyone have experience with this? There seems to be an exception for K-1 applicants being NOT "out of status" in the I-485 (AOS) instructions, but it's rather vague. We're in the same boat, and just wondering.

Once the I-94 expires, you are technically accumulating "overstay" that is simply forgiven once AOS is filed for.

It's definitely recommended that people file for AOS as soon as possible. There's just no deadline.

Edited May 15, 2012 by Coconuts

[Beau & Digna 5]

Once the I-94 expires, you are technically accumulating "overstay" that is simply forgiven once AOS is filed for.

It's definitely recommended that people file for AOS as soon as possible. There's just no deadline.

I don't disagree that there's no deadline...It's just a caution to not leave the US with Advanced Parole, if you file for AOS near or after 180 days of the I-94 expiring, or one may be subject to the 3-year ban. However, I'm not even sure if this applies to the K-1. Could a K-1 "safely" leave the US with Advance Parole if they filed for AOS more than 180 days after the I-94 expired?

[Penny Lane 8,159]

I don't disagree that there's no deadline...It's just a caution to not leave the US with Advanced Parole, if you file for AOS near or after 180 days of the I-94 expiring, or one may be subject to the 3-year ban. However, I'm not even sure if this applies to the K-1. Could a K-1 "safely" leave the US with Advance Parole if they filed for AOS more than 180 days after the I-94 expired?

Hm, I actually don't know! Hopefully someone more experienced can come by and answer. I'm curious to know.

[KayDeeCee 4,893]

I don't disagree that there's no deadline...It's just a caution to not leave the US with Advanced Parole, if you file for AOS near or after 180 days of the I-94 expiring, or one may be subject to the 3-year ban. However, I'm not even sure if this applies to the K-1. Could a K-1 "safely" leave the US with Advance Parole if they filed for AOS more than 180 days after the I-94 expired?

No. If your I-94 has been expired for 180 days more, you will trigger a ban if you leave the US. You will not be able to re-enter using AP. If you are filing for AOS that long after the I-94 is expired, then do not even bother to file for AP. They will give it to you, but it will not be able to get you back in and you will be stuck outside the US in need of a spousal visa to get back. It warns about it on the I-131 instructions even.

[Fernandez19 1]

thanks everyone!!

We are traveling to Florida on June 7.. should we worry about anything?

[KayDeeCee 4,893]

thanks everyone!!

We are traveling to Florida on June 7.. should we worry about anything?

No. If you file for AOS before your trip, bring a copy of the NOA receipt for filing along with you. Filing for AOS grants you a period of authorized stay, and you should not have any problems traveling within the US. No AP needed for that.

[rehtse 1]

I have the same case too. My I-94 expire last May 14 and my K-1 visa will expire on May 21. We haven't preparing for my AOS since my husband had accident 11 days after my arrival here. I'm reading the I-485 now and I'm kinda scared because it is stated there:

10. Who Is Not Eligible to Adjust Status?

D. Your authorize stay expired before you filed this application.

Should I need to worry or not?

[Penny Lane 8,159]

I have the same case too. My I-94 expire last May 14 and my K-1 visa will expire on May 21. We haven't preparing for my AOS since my husband had accident 11 days after my arrival here. I'm reading the I-485 now and I'm kinda scared because it is stated there:

10. Who Is Not Eligible to Adjust Status?

D. Your authorize stay expired before you filed this application.

Should I need to worry or not?

Your K1 visa expired the moment you used it to enter the United States.

Your I-94 only expired a few days ago. Don't worry about it, send AOS asap.

[KayDeeCee 4,893]

I have the same case too. My I-94 expire last May 14 and my K-1 visa will expire on May 21. We haven't preparing for my AOS since my husband had accident 11 days after my arrival here. I'm reading the I-485 now and I'm kinda scared because it is stated there:

10. Who Is Not Eligible to Adjust Status?

D. Your authorize stay expired before you filed this application.

Should I need to worry or not?

As was stated above, your K-1 became null and void the moment you used it to enter the US. Its expiration date was only for the amount of time you had to use it to enter. Your I-94 controls your status, and it just expired May 14th. You are fine. Don't be scared. There is no deadline to file for AOS from a K-1. You only needed to get married within 90 days of entering. You should do it as soon as you can though because that will put you in an authorized period of stay until you are approved and become a legal permanent resident. You also need to file AOS to file for EAD and AP so you can work and travel internationally should you need to.

Read the part of the instructions on Page 1, #3:

Based on admission as the fiancé(e) of a U. S. citizen and subsequent marriage to that citizen.

You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a United States citizen and you married that citizen within 90 days of your entry.

Edited May 18, 2012 by Jay-Kay