Status afterK-1 visa?? out of status ?

[thetusker]

We got married with in 1 month of her getting here to the USA. But we have not filed her change of status. Is my wife now out of status even tho we did get married with in the 90 days. and if so what are we to do now do?

[Davinci]

after 90 days, yes you are out!

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.