late filing AOS

[Kim-saru]

I read in the FAQ that AOS should be filed ASAP after marriage, what happens if I can't file for about 5 or 6 months later?

[LeeFisher3]

I read in the FAQ that AOS should be filed ASAP after marriage, what happens if I can't file for about 5 or 6 months later?

The only deadline for a K-1 is to get married within 90 days of entry. 5-6 months for filing AOS is not a problem, but you will need to understand that your wife will not be able to work or travel outside of the US until you have DHS authorization.

[Kim-saru]

I read in the FAQ that AOS should be filed ASAP after marriage, what happens if I can't file for about 5 or 6 months later?

The only deadline for a K-1 is to get married within 90 days of entry. 5-6 months for filing AOS is not a problem, but you will need to understand that your wife will not be able to work or travel outside of the US until you have DHS authorization.

 

I knew she would not be able to work or travel oustside the US until then, just didn't know if I would run into problems with the gov. by filing later.

[Randy W]

I read in the FAQ that AOS should be filed ASAP after marriage, what happens if I can't file for about 5 or 6 months later?

The only deadline for a K-1 is to get married within 90 days of entry. 5-6 months for filing AOS is not a problem, but you will need to understand that your wife will not be able to work or travel outside of the US until you have DHS authorization.

 

I knew she would not be able to work or travel oustside the US until then, just didn't know if I would run into problems with the gov. by filing later.

 

 

It MAY be brought up at the interview. If it is, just explain your reasons - like Lee said, it shouldn't be a problem.

 

If you go beyond, say, a year, worst case, you may have to file an I-130 along with the I-485.

[dnoblett]

The only other risks of late filing, has to do with status.

 

Your wife will be out of status once the I-94 card expires 90 days after entry, once the I-94 expires she will them start accruing out of status time, if out of status more than 180 days, forget about filing I-131 for AP and do not attempt to travel out of the USA if she has 180 or more days of being out of status, she can be bared from re-entry, even with an AP document.

 

Also, during the period of being out of status, if you encounter a CBP officer and has no evidence of being in legal status (Valid I-94, or I-485 receipt letter) the CBP officer can detain her.

[Randy W]

 

Also, during the period of being out of status, if you encounter a CBP officer and has no evidence of being in legal status (Valid I-94, or I-485 receipt letter) the CBP officer can detain her.

 

 

Don't think this is any big deal - they are looking for people who entered the country illegally - they are not there to enforce filing requirements.

 

This has happened - there are stations within 25 miles of the Mexican border that you may wish to avoid - but not a problem.