When to file AOS

[DollyDolly 278]

 

Help!!

 

We got married on 16th June. My k1 i94 runs out on 13 July (scarily soon). Due to a number of things (personal and husband busy with work) we haven’t filed for AOS yet. I have filled out majority of the forms today. 

 

If we send this off tomorrow in the mail, am I still legally allowed to be here if we don’t get a receipt back yet from USCIS to say they’ve got my AOS petition before 13 July?

 

We are really pushing it for time and I’m scared. Didn’t realise AOS had to be filed before the 90 days was up. We thought that timeframe was just for us to get married. 

 

[Jojo92122 1,924]

Lets clear up a few of your misconceptions so you can relax.

 

Once you file for AOS, you are fine.  Don't worry about the receipt.

 

The 90 days time is for you to marry within 90 days. 

 

There is no requirement that you file for AOS within 90 days.

 

Here is where your confusion might come in.  If you file for AOS after the 90 days, then there is a period of time between the expiration of your I-94 (the 90 days) and when you file for AOS where you would be out of status and overstayed your visa.  Most people try to avoid this period of being out of status.  However, this overstay is forgiven for the spouse of a US citizens seeking AOS.  

[FloridaMinsk 88]

We filed for aos 6.5 months after we were married.  Just didn’t get to it initially, and the next thing we knew it was November.   You will just be out of sequence, if you were arrested you could be subjected to removal, but that’s not common.  Once you file you get back in sequence.   So if you are a trouble maker then file ASAP, but if you are not then Just relax and file even you are ready.  

[Crazy Cat 39,336]

Technically, you are out of status after your I-94 expires.  However, as soon as you file AOS, you will be in "authorized stay" status.  I haven't heard of anyone being deported between marriage and AOS filing, however, there have been a few posters who claimed ICE cam to their door and warned them.

 

Don't panic.  Just file your AOS paperwork, and you will be authorized to stay in the US.

[DollyDolly 278]

2 minutes ago, Jojo92122 said:

Lets clear up a few of your misconceptions so you can relax.

 

Once you file for AOS, you are fine.  Don't worry about the receipt.

 

The 90 days time is for you to marry within 90 days. 

 

There is no requirement that you file for AOS within 90 days.

 

Here is where your confusion might come in.  If you file for AOS after the 90 days, then there is a period of time between the expiration of your I-94 (the 90 days) and when you file for AOS where you would be out of status and overstayed your visa.  Most people try to avoid this period of being out of status.  However, this overstay is forgiven for the spouse of a US citizens seeking AOS.  

Thank you kindly for clearing that up for me and putting my mind at ease!!

 

We will mail the info tomorrow. 

 

Thanks also @missileman and @FloridaMinsk

Edited July 1, 2018 by DollyDolly

[PRC Rabbit 40]

Was going  to post  the same question with a similar timeline