We can get married in the 90 days required, but wont get to file the AOS by then. Are we out of status ?
A. First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won’t be filing for AOS until after expiration of the 90 days. If possible, avoid the issue by filing for AOS within the 90 days. If you can’t, I don’t see a significant problem, but I wouldn’t dally too long before I filed. A. More info: K1 holder- do i have enough time?, date to get married is close to 90days http://candleforlove.com/forums/index.php?
