I-94 expiration

[blackeyedsusan 31]

I just read in another thread today that you can file for AOS anytime after the wedding. But doesn't the I-94 have an expiration date? I thought you had to file for AOS within 90 days of entering the country?

[Foreign Fantasy 52]

You have to marry within 90 days of entering the united states.

But you shouldn't delay your filing either, why would you?

[Dashinka 25,917]

There is no deadline for filing the AOS after marriage. Most people file it very soon after marriage to get an AP/EAD card to start working or to travel, and to get the GC application going. However, many couples wait for a variety of reasons (generally financial). If you married within the 90 days, you will have no problems with USCIS, but you cannot work legally, re-enter the country if you leave (without applying for a spousal visa) and in some states get a driver's license.

Good Luck!

[aaron2020 11,652]

I just read in another thread today that you can file for AOS anytime after the wedding. But doesn't the I-94 have an expiration date? I thought you had to file for AOS within 90 days of entering the country?

The rule is that the K-1 visa holder gets 90 days on the I-94. That is all.

AOS can be filed at any time. There is a consequence to not filing after the I-94 expires --> being here illegally until AOS is filed.

If a K-1 marries within the 90 days, the AOS can be filed at any time.

If a K-1 marries outside the 90 days, a I-130 must be filed with the AOS at any time.

Any lapse in status between the end of the 90 days and filing the AOS means the person is out of status and staying here illegally until the AOS is filed.

[blackeyedsusan 31]

Thank you for the clarification...I'm very early in this process (just received NOA1 10 days ago), but I'm looking ahead so I know what's coming up. I tend towards the paranoid side, so we'll be filing for AOS ASAP after the wedding! I was just confused as to why somebody was being advised to file the AOS whenever they want.

[aaron2020 11,652]

Thank you for the clarification...I'm very early in this process (just received NOA1 10 days ago), but I'm looking ahead so I know what's coming up. I tend towards the paranoid side, so we'll be filing for AOS ASAP after the wedding! I was just confused as to why somebody was being advised to file the AOS whenever they want.

You love her/him, so keep her/him legal.

Make sure that your fiancee/spouse never go out of status. Marry within the 90 days and file for AOS before the I-94 expires. Letting the person you love become even temporarily out of status is not worth a risk. ICE have detained spouses of US citizens who were K-1 visa holders who overstay and haven't file for AOS. That's a dangerous period that can be avoided with proper planning.