AOS, Filing deadline (F-1 Student)

[Ruffus]

i am U.S citizen, got married to my foreign wife late last year 2009 however, we were both in college and we did not file for AOS. The plan was that we file after graduating this month. Its been 6 months since we got married.

We thought an f-1 student has 90 days to leave the country upon completing her studies, but were shocked to read online that he has 60 days which means my wife technically has 45days before his status expires. He has maintained his f-1 status all this time.

Are we out of time to start the filing process? or he has to leave the country if we don't file it within this period?

[bkwld]

You can file AOS for her, even though she is out of status. She cannot leave the country while AOS is pending.

[Swegirl]

You have 180 days to file for your AOS after your current status run out. As the previous reply says, she cannot leave the country because then she wont be able to prove that she entered the country legally. Legally does not include entering on a tourist visa since the intent is to visit as a tourist and not to stay in the country.