AOS form question.

[Corey Novak 5]

My fiancé arrived on a k-1 visa. We got married within the 90 days but we are about to submit our I-485 for adjustment of status after the 90 days. Is she unlawfully staying?? I’m asking because I’m the AOS form. There’s a question that says “Have you ever violated the terms or conditions of your non immigrant status???

im just confused and stressed out. Thanks

[Dashinka 23,202]

Overall, since you married within 90 days, and are now filing the AOS you are not violating the terms of the K1 visa.  There is no time limit to submit the AOS, and any overstay is forgiven for spouses of USC.  
 

Good Luck!

[HRQX 4,145]

16 minutes ago, Corey Novak said:

“Have you ever violated the terms or conditions of your non immigrant status???

The answer to that is technically "Yes" but answering "No" is not an issue since it's not a material misrepresentation.

 

19 minutes ago, Corey Novak said:

but we are about to submit our I-485 for adjustment of status after the 90 days. Is she unlawfully staying??

Technically yes, but not an issue for Immediate Relatives: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

A pending I-485 would result in a period of stay authorized by the Secretary of Homeland Security.

[Corey Novak 5]

20 minutes ago, HRQX said:

The answer to that is technically "Yes" but answering "No" is not an issue since it's not a material misrepresentation.

 

Technically yes, but not an issue for Immediate Relatives: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

A pending I-485 would result in a period of stay authorized by the Secretary of Homeland Security.

Okay, yea I thought so but I wasn’t sure exactly how it worked. But for another question in part one. Question 24. It says “what’s your current immigration status(if it has changed since your arrival)?”       Would I put overstayed or current? 

[Corey Novak 5]

for another question in part one. Question 24. It says “what’s your current immigration status(if it has changed since your arrival)?”       Would I put overstayed or current? 

[HRQX 4,145]

4 minutes ago, Corey Novak said:

“what’s your current immigration status(if it has changed since your arrival)?”

The answer is "No status."

[Corey Novak 5]

Just now, HRQX said:

The answer is "No status."

So I legit just put “no status” in the box?? 

[HRQX 4,145]

Just now, Corey Novak said:

So I legit just put “no status” in the box?? 

Yes

[Corey Novak 5]

1 minute ago, HRQX said:

The answer is "No status."

And Thank you for the help

[Vee22 1]

On 2/15/2021 at 3:43 PM, Corey Novak said:

My fiancé arrived on a k-1 visa. We got married within the 90 days but we are about to submit our I-485 for adjustment of status after the 90 days. Is she unlawfully staying?? I’m asking because I’m the AOS form. There’s a question that says “Have you ever violated the terms or conditions of your non immigrant status???

im just confused and stressed out. Thanks

I am late arriving to this thread but hoping you can share how yours went!

I am about to file for Aos. Married within the 90 days but filing way outside I-94 expiration! Curious as to what to expect? Thanks!

[Corey Novak 5]

On 4/3/2021 at 5:41 PM, Vee22 said:

I am late arriving to this thread but hoping you can share how yours went!

I am about to file for Aos. Married within the 90 days but filing way outside I-94 expiration! Curious as to what to expect? Thanks!

Hi, sorry for the last response. I’ve been pretty busy lately. But my filing went okay. I’m still in the process of them reviewing it. They did not give me any problems about filing after the 90 days. There is no actual timetable for you to file as long as you got married within the 90 days which you did so you fulfilled the K-1 visa requirements. You shouldn’t have any problems. Good luck!!!