From K1 to AOS

[Rjimenez1989 1]

Good afternoon,

I am writing this because I see contradictory answers to this from various places. 

 

My fiance entered the US on January 10th, with a stamped date of April 8th as the 90 days. The visa expires in June. We got married within the 90 day window in February but all of the paperwork is took some time to arrive. 

 

I am going to send the packet probably around April 2nd, but it obviously will not be processed by April 8th. 

 

Will we have any problems? Is he out of status as of April or as of June? I don't quite understand how these dates work.

[payxibka 10,045]

2 minutes ago, Rjimenez1989 said:

Good afternoon,

I am writing this because I see contradictory answers to this from various places. 

 

My fiance entered the US on January 10th, with a stamped date of April 8th as the 90 days. The visa expires in June. We got married within the 90 day window in February but all of the paperwork is took some time to arrive. 

 

I am going to send the packet probably around April 2nd, but it obviously will not be processed by April 8th. 

 

Will we have any problems? Is he out of status as of April or as of June? I don't quite understand how these dates work.

The date on the i94

[Rjimenez1989 1]

The date on the i94 is the April 8th date. 

 

So he is out of status as of April 8th? 

 

They will not be able to process the paperwork by that date so what happens next? Do we just submit as quickly as possible and hope for the best?

[Boiler 45,660]

He entered on January 10th so the 90 days starts running then. From a practical perspective it is advisable to file asap as nothing will happen until you do so.

[payxibka 10,045]

1 minute ago, Rjimenez1989 said:

The date on the i94 is the April 8th date. 

 

So he is out of status as of April 8th? 

 

They will not be able to process the paperwork by that date so what happens next? Do we just submit as quickly as possible and hope for the best?

Might be a year before they complete the paperwork process

[Rjimenez1989 1]

Thank you!

 

Just want to make sure we don't break any laws in this process that will create headaches later.

[Boiler 45,660]

Strongly recommend reading the guides so you are familiar with the process, they will send you a receipt and then the wait begins.

[Rjimenez1989 1]

Yes, I am almost finished with the paperwork. 

 

Thank you.

[Loren Y 2,755]

When I did the AOS last year, they marked the date for the AOS on the day it was postmarked or received. It didn't get processed for 21 days after they received it, but when I got the Acceptance letter or NOA1 it was backdated to the day they received the packet. I would have to check my timeline, or you can for dates, but I think I mailed it say March 6th, they received it March 8th, didn't get processed until late march, like the 24th or something, but noticed said it was received  March 6th. So as long as they receive it before the 90 day mark, they will date the notice on the day received, so as long as they receive it by say in your case April 6th or so, even if they don't process it until May or June, or whenever, you will get credit for filing before your 90 days was up, so no overstay accumulated.

 

Sorry if it sounds confusing, but just get it delivered before the date on your I-94 and your golden.