There is no hard and fast USCIS regulation about the timing of filing AOS. The best suggestion here at VJ is to file your AOS/EAD/AP as soon as possible after you get married, hopefully well before your I-94 expires. The reason for that is that when your I-94 expires, you are out of status. If you live near the southern border, there have been reports of CBP officers at mobile checkpoints and at domestic air terminals, checking for valid immigration papers. When your I-94 expires, you will not have any valid immigration papers. After you file your AOS/EAD/AP, you will receive your NOA1 receipt of AOS application. You would then be in a "special status" since the NOA1 document shows that you have filed for a Green Card (GC) and are awaiting processing. If you encounter a CBP checkpoint without a valid I-94 or AOS NOA1 receipt, there is a distinct possibility that you will be detained. You could be detained until you can have a hearing before an immigration law judge. It has been reported there is likely over one (1) million cases pending in the immigration judicial system. SO.....file your AOS/EAD/AP...AS SOON AS POSSIBLE, if not sooner !
When traveling in areas near the southern border, or for domestic air travel, I would suggest that you carry your valid passport, a copy of the marriage certificate, and your valid I-94 or AOS NOA1 receipt, to avoid immigration official entanglements.
On to another matter, we need a little housekeeping from you if you will. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.
So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.
Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.
Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.
Thanks, and good luck on your immigration journey.
But in reality delaying things only makes things worse financially in the long run.
If you put off AOS, you're delaying your spouse's ability to work legally, and also risk the fees going up.
Officially there is not an official time to submit the AOS just as long as you do it after marriage. The requirement is marry within 90 days. It is the accepted practice to both marry and submit your AOS within the initial 90 days if you can, but no there is no penalty for filing after your I-94 expires, just try to file ASAP!
Tine Lao reacted to Pitaya in PREPARING AOS