davidnyc

Can anyone tell me if there would be a problem, if after I married my fiancee, I did NOT submit my AOS paperwork until after the 90 days had elapsed, since my arrival in the U.S.

I have read in the official paperwork where it says. K1 visa holders must marry within the 90 days, (OK! we will have done that) of arrival in the U.S. and must thereafter adjust to lawful permanent resident (LPR) status with the (INS) prior to departure from the U.S.

It doesn't mention anywhere as far as I can see how quick after getting married or if it has to be within the 90 days that we would have to commence the AOS. I have no plans on making any trips that would involve leaving the U.S.

Thanks,

David

jeffreyhy

dnyc,

My wife filed a few weeks late, as have many others, without issue.

The longer you wait the more you leave yourself open to potential problems, not necessarily related to the adjustment itself.

If the "official paperwork" you read referred to adjusting with the INS you might want to check to be sure that your source is up-to-date.

Regards, JEff

S Folinsky

An FAQ. Look at this thread starting at post 62. The digital ink is barely dry on the discussion.

Noorah101

Marrying within the 90 days means you complied with the rules of the K-1 visa. In and of itself, marriage does not give you the right to remain in the USA beyond the date on your I-94.

If you stay beyond the date on your I-94 without filing AOS, you are in an "out of status" situation. Not something you really want to be in.

Filing AOS is what gives you the right to remain in the USA after marrying. It's best to do this as soon as possible after marriage.

Rene

davidnyc

Thanks for pointing that out

davidnyc

Thanks for that Rene

S Folinsky

In a practical sense, you may be right. However, it is a subject to legal dispute. Sections 101(a)(15)(K)(1), 214(d)(1) and 245(d) read mighty strange.