So, like many people I filed my own K1 application and read a lot of forums and visa pages online including this one with a video https://rapidvisa.com/required-adjust-status-within-90-days-fiance-visa/ this stating you do NOT need to adjust status in the 90 days, just marry which I did.
I have also been in FB groups of people who married late in the 90 days and adjusted status just fine.
So basically, I entered mid Dec, married late February and even though I couldnt find anything on USCIS about a deadline to file, I was really trying to do it within 90 days so I could finally sit my driving test on receipt of NOA1.
I had it all completed ready to post with a signed cheque and everything but my husbands 1099 tax form which had been posted in error to his old address. Knowing I needed it for the affidavit, I made what was now a HUGE mistake to wait for it. I was 2 weeks over the 90 days at this point.
I was in the car at a traffic incident and the police officer asked to check IDs, I happily showed my passport as I did not think it would be a problem. Well it was, I was arrested and Border Patrol came for me and would not let me go home to show them my completed pack, nor the proof we had chased the rogue document.
I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. The ICE deportation officer who could have given me bail refused to grant it me despite me getting very ill with my medication being stopped abruptly and said ALL immigrants are now forced to wait to go to court and be seen by a judge as you are immediately in deportation proceedings on arrest. It took 4 weeks to get a court date and a further week to get a bond hearing. I ended up paying for a lawyer and paying $5000 bond to get out of jail for what I could have resolved within days had they let me get the tax form.
I have read all the USCIS site and cannot see anything about the need to FILE in 90 days, just marry. I appreciate some people may know this but I and many others I have spoken to did not so this post is merely a warning to others. I have lost all my money now being unable to work as my EAD was in the pack to send off, I lost my honeymoon, I have more court dates now and lawyer fees to pay plus the AOS filing fee when they let me do that. This has been distressing and terrifying and having never been in trouble in my life, jail was dreadful.
(Also on a side note I saw a lot of people in jail who had actually entered illegally from Mexico living in the US for many many years and their treatment was appalling. Not one person in the jail spoke Spanish and all the legal papers they were served were in English with no translator.)
Please be careful when reading online about filing for AOS, learn from my mistake as I have lost everything and to add salt to the wound, as I only have my husband here, who had to keep driving to the jail and also to the court in Cleveland, he now lost his job for too much time off trying to get me out.
Hopefully he will get a job to be able to continue the affidavit or I’ll be getting sent ‘home’ where I have nothing to go back to. I have never felt so desolate as I do now and stuck.