What happens after the 90th day?

[Sara and Joaquin 0]

Hi, I got married on June 9th and the 90th day of my visa would be August 5th. 
My husband and I are probably sending my AOS by the end of this week. Sadly USCIS is being slow at processing the cases so the NOA1 might take up to 6 weeks to be issued. 

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 
 

Thanks for your help!

[Lil bear 3,831]

4 minutes ago, Sara and Joaquin said:

Hi, I got married on June 9th and the 90th day of my visa would be August 5th. 
My husband and I are probably sending my AOS by the end of this week. Sadly USCIS is being slow at processing the cases so the NOA1 might take up to 6 weeks to be issued. 

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 
 

Thanks for your help!

Get the application for AOS in ASAP. You are technically out of legal stay status from the 91st day until the NOA1 is issued .. but you’ve sent the paperwork  and complied in the required timeframe .. so you are very low risk and have good evidence of complying .. hopefully you’ll get the NOA 1 sooner. Make sure you send your AOS paperwork via traceable shipping and kept copies of everything as well as the documents associated to sending it .. just in cases

[Crazy Cat 39,256]

Probably will not be an issue.  Personally, I would keep a copy of the proof of sending the I-485 package.  

[arken 4,197]

24 minutes ago, Sara and Joaquin said:

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 

Even if NOA1 is issued late, the receipt date will still be the date your package was delivered, so no issues on that.

 

Regarding any issues till you have NOA1 in hand, no issues as long as you stay out of actions that involve cops' reaction.

Edited July 14, 2021 by arken

[elkski 28]

seems crazy that this is an issue at all.. you have 90 days to get married and cant file the AOS until your married .so what do they expect?  The prudent person would wait 60+ days to get married to be sure.

[Dashinka 23,247]

7 minutes ago, elkski said:

seems crazy that this is an issue at all.. you have 90 days to get married and cant file the AOS until your married .so what do they expect?  The prudent person would wait 60+ days to get married to be sure.

Everyone has different priorities.  In our case, my then fiancé did not come to the US for a little more than five months after the K1 visa was issued, so we used that time to plan a nice family wedding, and got married two weeks after her arrival.  We had the AOS package set to go in about 30 days after that.

 

That being said, there is no deadline for sending in the AOS after a K1 marriage, but almost everyone here will advise to get it in as soon as possible once all the required documents are obtained.  There are anecdotal stories of people having a minor incident where their status was checked and they were referred to ICE.  I believe they were allowed to file the AOS, but who needs that kind of stress.  There are also anecdotal stories of people waiting years to file for whatever reason, which can also add stress to someone that has an understanding of the total immigration process.

Edited July 14, 2021 by Dashinka

[flicks1998 1,044]

7 hours ago, Sara and Joaquin said:

Hi, I got married on June 9th and the 90th day of my visa would be August 5th. 
My husband and I are probably sending my AOS by the end of this week. Sadly USCIS is being slow at processing the cases so the NOA1 might take up to 6 weeks to be issued. 

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 
 

Thanks for your help!

People are reporting getting their AOS NOA1s within 2-3 weeks now.  We filed in early May 2021 and it took 3 weeks, I believe a number of June filers had theirs in two weeks.  There are threads on this.  We just keep a copy of the NOA1 and a copy of the packet of documents filed in the car in case of some slight chance something were to happen.  Other than that we dont worry about it.  If my wife was to get deported, Id be on the first plane with her 😂

Edited July 15, 2021 by flicks1998

[Demise 1,096]

10 hours ago, Sara and Joaquin said:

Hi, I got married on June 9th and the 90th day of my visa would be August 5th. 
My husband and I are probably sending my AOS by the end of this week. Sadly USCIS is being slow at processing the cases so the NOA1 might take up to 6 weeks to be issued. 

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 
 

Thanks for your help!

As long as you got married within the 90 day mark it doesn't matter when USCIS gets your I-485. You are technically in the country illegally between the I-94 expiration and when USCIS gets the I-485, but since this is AOS via marriage to a US Citizen, that's not a factor. While I-485 is pending you are in a period of authorized stay.

 

If you were to marry after 90 days, then the K-1 AOS is dead, but you could still AOS via I-130/I-485.

Edited July 15, 2021 by Demise

[Mike E 11,723]

12 hours ago, Sara and Joaquin said:

Hi, I got married on June 9th and the 90th day of my visa would be August 5th. 
My husband and I are probably sending my AOS by the end of this week. Sadly USCIS is being slow at processing the cases so the NOA1 might take up to 6 weeks to be issued. 

So, would it be a problem to receive the NOA1 of my Adjustment of Status after the 90 days? 
 

Thanks for your help!

Provided have proof of mailing the AOS package before the 90 days you will continue to have authorized status.  
 

Advice you are getting on this thread that it is no big deal to file after the 90 days is,

 

* irrelevant since you weren’t planning to do that.  End of this week is in July.  Your stay expires in August. Stick with the plan.  
 

* incorrect. USCIS will forgive unauthorized presence but ICE does not have to.  Any break continuous authorized presence will jeopardize your freedom.  If ICE catches you before you file for AOS, thus break in authorized presence will even jeopardize your AOS petition. Ignore those who tell you ICE won’t come calling.  That’s not the issue.  The issue is another law enforcement agency calling ICE. For example drive from Nogales AZ to Tucson AZ and you are likely to encounter the semi-permanent internal CBP check point on Interstate 19 north bound.  
 

Send your AOS package with a tracking number.  Carry the proof of mailing with you at all times.  When you get NOA1, carry a copy of it with you at all times.  Do not break continuous authorized presence.  
 

 

[Daisy.Chain 317]

13 hours ago, elkski said:

seems crazy that this is an issue at all.. you have 90 days to get married and cant file the AOS until your married .so what do they expect?  The prudent person would wait 60+ days to get married to be sure.

"Prudent" is subjective. There is no negative effect to getting married earlier. For example, we did the legal wedding a week after arrival and are happily married 6+ yrs later - partly bc we didn't want to wait long to file AoS for peace of mind. It depends on the couple and their situation as to what works best for them.

[Dashinka 23,247]

9 hours ago, Demise said:

As long as you got married within the 90 day mark it doesn't matter when USCIS gets your I-485. You are technically in the country illegally between the I-94 expiration and when USCIS gets the I-485, but since this is AOS via marriage to a US Citizen, that's not a factor. While I-485 is pending you are in a period of authorized stay.

 

If you were to marry after 90 days, then the K-1 AOS is dead, but you could still AOS via I-130/I-485.

While an overstay is forgiven for an immediate relative (spouse), if someone is unlucky such as being in a minor traffic accident, or being pulled over, they can run into major headaches if their status is checked.  Also, the K1 visa was voided once they entered the US regardless of if they ended up getting married.

Edited July 15, 2021 by Dashinka