A K-1 who does not file before day 90 will accrue unauthorized presence and risk detention by ICE. Once I-485 is filed, the unauthorized presence is forgiven by USCIS. However there are examples of ICE not forgiving and thus immigration court will adjudicate in that case.
Ideally the filing is made “well before” day 90 so that the I-485 receipt is in hand before day 90.
During the pandemic I-485 receipts were literally taking months. It would be absurd to think that K-1s who filed on say day 80 and didn’t get a receipt until say day 200 were legally exposed for 110 days.
Therefore file no later than day 89 with certified mail, tracking, priority mail and keep a record of mailing and delivery.
jay11421 got a reaction from Mike E in K1 AOS file vs. visa expire timeline clearification