I'm very worried!

[Doku]

What is the name of your state? MN

Hello, I'm really concerned right now; because I entired the country with the K1 Visa, but we didn't get married within the timeframe of 90 days. We were delayded by 5 days. Now, I'm really worried, that we get a red flag when we apply for my AOS.
I don't wanna leave my husband, we have done since 4 years and I really thought we never ever have to be apart again!
I know they are very strict right now, but do you think we have a chance that they accept our AOS application (we always played by rules, that was the only time we missed a little bit)
Thanks, for your help!What is the name of your state?

 

[ImmigAttyLana]

What's "missed by a little bit" and do you have a valid reason for so doing? If you do not, it will be very difficult to get this approved since the law specifically instructs you to get married within 90 days.

Lana
Immigration Attorney

 

[Doku]

Thanks for your quick answer!
Well, we got married on the 95th day, so 5 days later.
We had some personal problems, which i don't wanna share with the public.
What do you think, how long will it takes (like how many months), that I know if I'm approved or not?

Thanks a lot!!
Doku

 

[ImmigAttyLana]

It depends on the particular USCIS office where you would be going through your interview. I understand your wish not to disclose the personal reasons for waiting to get married on the 95th day, but you need to be prepared to disclose all this as the reason for not complying with the conditions of the fiancee visa on the application you will submit to the USCIS.

Lana
Immigration Attorney

 

[Doku]

Thanks again for your quick answer!
I know we have to disclose our reason with the USCIS. You also said the time is depending of the USCIS office; well I'm in Minnesota. So do you have any idea how long it will take?

Thanks again, I appreciate your help!
Doku

 

[ImmigAttyLana]

It is currently taking about 7-8 months in St. Paul, MN.

Lana
Immigration Attorney

 

[evcalyptos]

What is the name of your state? MN

Hello, I'm really concerned right now; because I entired the country with the K1 Visa, but we didn't get married within the timeframe of 90 days. We were delayded by 5 days. Now, I'm really worried, that we get a red flag when we apply for my AOS.
I don't wanna leave my husband, we have done since 4 years and I really thought we never ever have to be apart again!
I know they are very strict right now, but do you think we have a chance that they accept our AOS application (we always played by rules, that was the only time we missed a little bit)
Thanks, for your help!What is the name of your state?

Hopefully this answer is not too late to be of use to you.

As a K-1, if you do not marry within the required 90 day period, your USC MUST file petition I-130 with your AOS application.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm
Fiance(e)

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.
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This is not up to the officer reviewing your AOS case, it is a requirement (and not all that unusual that people marry after the 90 days). If you have not yet submitted your AOS application (I-485), you should include the I-130 + fee with your packet and submit everything together to Chicago.
I don't know for certain what will happen to your application if you have already submitted it, but I suspect that it will be rejected as you do not qualify for a non-I-130 AOS if you married after the 90 days. All of this will put your status in question and may interfere with your ability to leave the US and return even with an advance parole document before you have your Green Card.