Aos

[cfasic]

After my wife and I are married within the ninety day time limit, is there a time limit on when to file for the adjustment of status? Meaning is that also required in the ninety days? Thanks

[wavedom]

The K1 status expires after 90 days and as far as I know, AOS is the only way to maintain legal status. Therefore, if the AOS is not filed within 90 days, you would technically fall out of status. I don't have any official USCIS information on this, but it seems like some people accidentally file the AOS a couple of days too late (after the 90 days period ends), without getting too much problems. But the best thing would be to file it before you fall out of your visa status.

[BrianB]

It is also my understanding that you should file within the 90 days. My fiance arrived September 2, and we were married on October 2. I filed the AOS by the middle of November. Her appointment for photos and fingerprints was just last week, so it seems like we did it right.

[nichole]

The only iimigration law you will find regarding a K1 is that the marriage occurs within 90 days. They don't address a deadline for when the AOS must be filed. However it is best to file as soon as possible so you don't have that period where the I-94 has expired, but there's no proof (receipt) of filing AOS that allows a K1 to remain in the country while AOS is pending. Nobody is denied for filing past 90 days.

[Whsia]

supposedly after you marry, (within 90 days) they give you up to a year for the AOS. I called the USCIS office and thats whaty they told me. They prefer you dont' do this but they say its "at least" up to a year. As long as the marriage certificate indicates you are married within the 90 days you'll be good.