AOS not done during 90 day visa
Sep 18th 2006, 3:30 pm
#1
Guest
Posts: n/a
AOS not done during 90 day visa
I know this has been discussed before, but after doing a lot of
searching and reading, I still feel a bit confused. My husband and I
were married during the 90 days after he arrived on his K-1. His I-94
expired on 8/26/06. We filed his AOS and it was received on 8/24/06.
They returned EVERYTHING, including our check, because of one missing
document, which we know was our mistake.
So at this point he is out of status and I'm feeling a little worried.
We plan on sending everything back, along with the missing document
within the next 2 weeks.
Does anyone see this is a problem with regard to the time frame? I
have heard some say that you should "try" to get your AOS papers in
before the 90 day visa expires. Others say, you must do this. And yet
some say you have up to 180 days after marriage.
What is the requirement with regard to when you have to file for AOS?
I have search the USCIS site also and still feel very confused.
Can anyone clarify this for me once and for all?
THANKS IN ADVANCE to anyone who can help me.
C. Krammer
P.S. I apologize to those veterans of the immigration system if I'm
asking a very basic question.
searching and reading, I still feel a bit confused. My husband and I
were married during the 90 days after he arrived on his K-1. His I-94
expired on 8/26/06. We filed his AOS and it was received on 8/24/06.
They returned EVERYTHING, including our check, because of one missing
document, which we know was our mistake.
So at this point he is out of status and I'm feeling a little worried.
We plan on sending everything back, along with the missing document
within the next 2 weeks.
Does anyone see this is a problem with regard to the time frame? I
have heard some say that you should "try" to get your AOS papers in
before the 90 day visa expires. Others say, you must do this. And yet
some say you have up to 180 days after marriage.
What is the requirement with regard to when you have to file for AOS?
I have search the USCIS site also and still feel very confused.
Can anyone clarify this for me once and for all?
THANKS IN ADVANCE to anyone who can help me.
C. Krammer
P.S. I apologize to those veterans of the immigration system if I'm
asking a very basic question.
Sep 18th 2006, 4:18 pm
#2
BE Enthusiast
Joined: Jan 2004
Location: SFO
Posts: 871
Re: AOS not done during 90 day visa
Your husband fell out of status after the 90 days. He doesn't get back into status until USCIS accepts his AOS filing.
180 or more days of being out of status would mean an automatic 3 year bar if he were to leave the US prior to successfully getting his green card. If you send it within the next couple of weeks he won't be anywhere near 180 days out of status. So some people say he's still OK to use Advance Parole and travel. Others have the opinion that he should not leave the US until he has his GC in hand, just in case.
Edited to add: as for the actual adjustment of status, that's no problem, they will accept his filing even though it's later than the 90 days. They would accept it even if you guys were a year or more late in filing, as long as he hasn't left the US in between.
180 or more days of being out of status would mean an automatic 3 year bar if he were to leave the US prior to successfully getting his green card. If you send it within the next couple of weeks he won't be anywhere near 180 days out of status. So some people say he's still OK to use Advance Parole and travel. Others have the opinion that he should not leave the US until he has his GC in hand, just in case.
Edited to add: as for the actual adjustment of status, that's no problem, they will accept his filing even though it's later than the 90 days. They would accept it even if you guys were a year or more late in filing, as long as he hasn't left the US in between.
Sep 19th 2006, 7:05 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: AOS not done during 90 day visa
Originally Posted by Cecilia Krammer
I know this has been discussed before, but after doing a lot of
searching and reading, I still feel a bit confused. My husband and I
were married during the 90 days after he arrived on his K-1. His I-94
expired on 8/26/06. We filed his AOS and it was received on 8/24/06.
They returned EVERYTHING, including our check, because of one missing
document, which we know was our mistake.
So at this point he is out of status and I'm feeling a little worried.
We plan on sending everything back, along with the missing document
within the next 2 weeks.
Does anyone see this is a problem with regard to the time frame? I
have heard some say that you should "try" to get your AOS papers in
before the 90 day visa expires. Others say, you must do this. And yet
some say you have up to 180 days after marriage.
What is the requirement with regard to when you have to file for AOS?
I have search the USCIS site also and still feel very confused.
Can anyone clarify this for me once and for all?
THANKS IN ADVANCE to anyone who can help me.
C. Krammer
P.S. I apologize to those veterans of the immigration system if I'm
asking a very basic question.
searching and reading, I still feel a bit confused. My husband and I
were married during the 90 days after he arrived on his K-1. His I-94
expired on 8/26/06. We filed his AOS and it was received on 8/24/06.
They returned EVERYTHING, including our check, because of one missing
document, which we know was our mistake.
So at this point he is out of status and I'm feeling a little worried.
We plan on sending everything back, along with the missing document
within the next 2 weeks.
Does anyone see this is a problem with regard to the time frame? I
have heard some say that you should "try" to get your AOS papers in
before the 90 day visa expires. Others say, you must do this. And yet
some say you have up to 180 days after marriage.
What is the requirement with regard to when you have to file for AOS?
I have search the USCIS site also and still feel very confused.
Can anyone clarify this for me once and for all?
THANKS IN ADVANCE to anyone who can help me.
C. Krammer
P.S. I apologize to those veterans of the immigration system if I'm
asking a very basic question.
No need to apologize. No harm, no foul. The time limit is for the marraige, not the filing.
Sep 19th 2006, 8:16 am
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS not done during 90 day visa
No big deal, I was a week or so late as well.
Sep 19th 2006, 9:54 am
#5
I'm back!
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: AOS not done during 90 day visa
Originally Posted by Boiler
No big deal, I was a week or so late as well.
~ Jenney
