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Kerri and Myles

Is overstay okay?

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We got married within the 90 days just fine, what we are wondering now is overstay possible if do not have the AOS packet sent in before the I-94 expires?  We don't want anything bad to happen but also wanted to take our time doing the AOS packet to ensure it was done 100% properly, but just need to make sure that there is no worry about overstay.  

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AOSing after the 90 days is allowed, as in the overstay is forgiven, but it does come with risks.  There was a recent post where a member was involved in a traffic incident and was detained due to being out of status.  The best advice is to file as soon as possible.

 

Good Luck!


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Do it as soon as you can.   That member that got detained was in custody for 5 weeks.  Delay is not worth the risk.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

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After the 90 days you are out of status and can be deported. Is that likely to happen? Not usually. But as we have recently seen, any perfectly innocent involvement with law enforcement (passenger in a vehicle involved in an accident, witness to an accident) can lead to

problems.

 

If you need help with the AOS filing, ask questions here. The sooner you file, the sooner you are back in authorized stay.


 

 

 

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