Am I gonna be out of status or not?

[Lindsey&Chris 0]

Hey guys! Just wanted to see if anyone can help here, my wife and I did the whole k1(Fiance'e Visa) process and I came into the states on that visa. We wanted a proper wedding and not a throw together one and about 2 months or so into my 90 day period we were married. We knew that I had to apply for Adjustment Of Status before the 90 days so that we wouldn't have to file extra paperwork etc. so we got on it and just a few days ago we sent off the paperwork to Chicago lockbox. We are kinda confused though because we know that they have received our AOS and EAD paperwork in Chicago because we tracked our post and it was picked up but we aren't sure whether it has been officially filed yet and my 90 day period will be over in a few days so we are a bit worried that they only count it as "filed" when they send the NOA1 because obviously to us it makes sense that it has been filed because they have it but we are in Texas so they may still have to send it down and we are scared it will only be "filed" 91 days after me entering which may open a whole new can of worms!!! Does anyone have any information on this topic?

[Inky 1,111]

Hey guys! Just wanted to see if anyone can help here, my wife and I did the whole k1(Fiance'e Visa) process and I came into the states on that visa. We wanted a proper wedding and not a throw together one and about 2 months or so into my 90 day period we were married. We knew that I had to apply for Adjustment Of Status before the 90 days so that we wouldn't have to file extra paperwork etc. so we got on it and just a few days ago we sent off the paperwork to Chicago lockbox. We are kinda confused though because we know that they have received our AOS and EAD paperwork in Chicago because we tracked our post and it was picked up but we aren't sure whether it has been officially filed yet and my 90 day period will be over in a few days so we are a bit worried that they only count it as "filed" when they send the NOA1 because obviously to us it makes sense that it has been filed because they have it but we are in Texas so they may still have to send it down and we are scared it will only be "filed" 91 days after me entering which may open a whole new can of worms!!! Does anyone have any information on this topic?

Nothing to do with filing in 90 days, you have the requirements mixed up. You are required to marry within 90 days of entry, thats it, nothing more.

Filing AOS as soon as possible is the idea. You could have waited 8 months to file and still been fine. Your worrying about a nothing issue. There are no cans of worms or anything at all.

[KayDeeCee 4,893]

Hey guys! Just wanted to see if anyone can help here, my wife and I did the whole k1(Fiance'e Visa) process and I came into the states on that visa. We wanted a proper wedding and not a throw together one and about 2 months or so into my 90 day period we were married. We knew that I had to apply for Adjustment Of Status before the 90 days so that we wouldn't have to file extra paperwork etc. so we got on it and just a few days ago we sent off the paperwork to Chicago lockbox. We are kinda confused though because we know that they have received our AOS and EAD paperwork in Chicago because we tracked our post and it was picked up but we aren't sure whether it has been officially filed yet and my 90 day period will be over in a few days so we are a bit worried that they only count it as "filed" when they send the NOA1 because obviously to us it makes sense that it has been filed because they have it but we are in Texas so they may still have to send it down and we are scared it will only be "filed" 91 days after me entering which may open a whole new can of worms!!! Does anyone have any information on this topic?

There is no deadline to file for AOS and there would have been no extra paperwork to file if you went past your I-94 expiration date. People file after their I-94 expires all the time with no problem. When you file for AOS and have an I-485 pending, you are in a period of authorized stay and are not accumulating overstay.

[Lindsey&Chris 0]

Ok that's great news then. We sent it in without the I-130 because we had a week to go before the 90 days were up. We were just worried cos the CBP guy at the airport told me like 3 times that if I file AOS after the 90 day period is up then I will be "out of status". Thanks for the help though!

[Pitaya 2,577]

Ok that's great news then. We sent it in without the I-130 because we had a week to go before the 90 days were up. We were just worried cos the CBP guy at the airport told me like 3 times that if I file AOS after the 90 day period is up then I will be "out of status". Thanks for the help though!

As is so often the case with the Department of Homeland Security, and its accompanying agencies (CBP, USCIS), the left hand often doesn't know what the right hand is doing.

[KayDeeCee 4,893]

Ok that's great news then. We sent it in without the I-130 because we had a week to go before the 90 days were up. We were just worried cos the CBP guy at the airport told me like 3 times that if I file AOS after the 90 day period is up then I will be "out of status". Thanks for the help though!

Well, a person is out of status when their I-94 expires. So, he was right about that. The overstay stops accumulating once the AOS is filed and you are in a new period of authorized stay. The overstay people accumulate that file after their I-94 is expired does not matter once the green card is approved. Sometimes people file a few weeks or months late. Since there is no deadline to file, there is no problem. The I-130 is not needed unless you have waited 2 or more years to file for AOS.

It is best to file as soon as possible so you can get a drivers license/state ID, work, and travel outside the US and re-enter while waiting for the green card approval. Also, you do not have to be worried about overstay once you file either. But, like I said, people file after their I-94 is expired all the time and they do so without any problems. No extra forms needed.

[Fight for Love 98]

i think your really confused lol

90days ONLY applies to get married in that certain time frame. which is u guys did

you can able to AOS anytime as long u married within 90days since entering US soil

but you be out of status because I-94 do expired. but somehow u still legal. the only dis advantage of expired I-94 is you cannot apply for SSS or not even state ID.

goodluck!!!

Edited April 12, 2013 by Fight for Love

[J J Moose 3]

And this may go without saying, but do not leave the US until you get an AP card. That's when you will really run into problems.

[Lindsey&Chris 0]

Thanks for the replies, it has made us feel a bit better! We still haven't received any notice from USCIS about them receiving our application and it is a week tomorrow. Tried to call and speak to an operator and as soon as I asked them for help they have me a reply in a robot type voice saying that I must call them 10 days after we apply and then they try to get you off the phone before you ask them anything else...makes me mad that you pay over $1000 so that you can get treated like trash but anyway! We have booked a honeymoon where we will fly to Seattle on 25 April so we are a bit concerned with my expired i94 and without an NOA1 for the AOS cos I have been reading about people getting detained and even deported from the states in this situation.

[Darnell 8,478]

We knew that I had to apply for Adjustment Of Status before the 90 days so that we wouldn't have to file extra paperwork etc

This knowledge was wrong, alas. No reg, no 9FAM entry, about this, at all.

Sure, must to get married within 90 days, but that's it.

AFTER 2 years, must file I-130, but that's it.

Good luck on the rest of your journey !

[Darnell 8,478]

Ok that's great news then. We sent it in without the I-130 because we had a week to go before the 90 days were up. We were just worried cos the CBP guy at the airport told me like 3 times that if I file AOS after the 90 day period is up then I will be "out of status". Thanks for the help though!

Well, he's sorta correct - but any overstay is forgiven, almost automatically, when adjusting status from a k-1 visa.