Clarify on a debate

[william_wallace]

Hi folks.

Trying to get some sort of straight answer that has turned into a debate. So hopefully I can get one here.

I came over to the US on an approved K1 Dec 2008. We married (March 2009) within the 90 days but we didn't get round to AOS due to financial reasons.

We were going to file for AOS about 3 months but was advised to hold of to we were 2 years married and file both the I-485 and I-130 so I could get the 10 year green card.

Now I've been told that as I didn't AOS within 90 days of arriving, I am here illegally. I thought I was out of status not illegal.

Another thing I've been told is, that I will be denied the I-131 travel doc and will have to wait until I get my greencard If It's approved.

Now I'm confused. I'm I here Illegally as I didn't file the AOS within 90 days?

Were are sending the documents of in 3 days time.

Thanks

[barbarajlw]

Hi folks.

Trying to get some sort of straight answer that has turned into a debate. So hopefully I can get one here.

I came over to the US on an approved K1 Dec 2008. We married (March 2009) within the 90 days but we didn't get round to AOS due to financial reasons.

We were going to file for AOS about 3 months but was advised to hold of to we were 2 years married and file both the I-485 and I-130 so I could get the 10 year green card.

Now I've been told that as I didn't AOS within 90 days of arriving, I am here illegally. I thought I was out of status not illegal.

Another thing I've been told is, that I will be denied the I-131 travel doc and will have to wait until I get my greencard If It's approved.

Now I'm confused. I'm I here Illegally as I didn't file the AOS within 90 days?

Were are sending the documents of in 3 days time.

Thanks

No you are not here illegally just out of status is all. You arrived on K1 legal but did not AOS so out of status ( a horrible feeling I think) you can't work or travel. Unless you paid separate for EAD card to work but would only be valid till your I-94 expired but if you apply with AOS is valid for 1 year.
Apart from all that some people can't afford AOS within the 90 days and in saying that there is no time limit to apply for AOS either. It is just recommended to do it ASAP so beneficiary can work or travel and feel like they belong. Waiting now past your 2 years yes you will send 130/485 and get 10 yr GC. Why would you not get I-131 travel papers? After you have BIO done you will receive that in the mail a few weeks later. Or the way things are you may get your GC before so its a hit and miss. Good luck but you are not illegal just out of status.