When to file AOS

[MandL 12]

Hi Everyone

I just wanna ask regarding filing of Adjustmet of status and Employment Authorization Document. My husband and I are Married now, and we all know that the cost of filing Adjustment of status together with Employment Authorization Document are $1070

My question would be, What will happen if the 90days expires and you haven't filed the AOS yet? We plan to file These applications as soon as we have that full amount. Hopefully next week.

If someone could give me an answer that would be great

Thank's

[Pitaya 2,576]

Excellent and frequently asked question. easily accessible at the top of the forum page. In particular, the K1 Flowchart: http://www.visajourney.com/content/k1flow

Good luck on your immigration journey.

[MandL 12]

Excellent and frequently asked question. easily accessible at the top of the forum page. In particular, the K1 Flowchart: http://www.visajourney.com/content/k1flow

Good luck on your immigration journey.

Hi Thank You for reply

[Greenbaum 12,258]

Hi Everyone

I just wanna ask regarding filing of Adjustmet of status and Employment Authorization Document. My husband and I are Married now, and we all know that the cost of filing Adjustment of status together with Employment Authorization Document are $1070

My question would be, What will happen if the 90days expires and you haven't filed the AOS yet? We plan to file These applications as soon as we have that full amount. Hopefully next week.

If someone could give me an answer that would be great

Thank's

I would not suggest to follow the guide here on VJ. There are issues that include a variety of misleading (bad) information in regards to process in the Philippines. The process for each Embassy can be different so it is best to ask your questions here in the Philippine thread.

To answer your question, if you have gotten married and you are beyond your 90 days (per I-94 expiration date) then you are technically out of status, and could be deported. It's not a big deal but it is fact.

They will still process your AOS if you are a few weeks late. Months or years late you will get a summons to explain.

[Cyberfx1024 7,978]

It is ok to file for AOS a 1-2 months AFTER the 90 days is up. Any longer than that and you will be asked why didn't you apply for it sooner. I filed my wife's AOS in January 2013, and her 90 days was up in December 2012. So it's fine and dw about it. Just know that you can not fly while being out of status.

[MandL 12]

It is ok to file for AOS a 1-2 months AFTER the 90 days is up. Any longer than that and you will be asked why didn't you apply for it sooner. I filed my wife's AOS in January 2013, and her 90 days was up in December 2012. So it's fine and dw about it. Just know that you can not fly while being out of status.

Hi GreenBaum and cyberfx1024 thank's for reply,

So you filed the AOS 1 month after the 90days expired? Did someone come to your house and ask for documents?

I guess my question is what will be your status if you applied for AOS after the 90 days expires?

Edited March 13, 2015 by MandL

[VOL 425]

Hi GreenBaum and cyberfx1024 thank's for reply,

So you filed the AOS 1 month after the 90days expired? Did someone come to your house and ask for documents?

I guess my question is what will be your status if you applied for AOS after the 90 days expires?

You file after you are married, their is not set time frame.

I have seen people wait like 6 years to file AOS.

[Greenbaum 12,258]

Hi GreenBaum and cyberfx1024 thank's for reply,

So you filed the AOS 1 month after the 90days expired? Did someone come to your house and ask for documents?

I guess my question is what will be your status if you applied for AOS after the 90 days expires?

You file once you are married.

You have 90 days after landing in USA to get married.

No one comes to your house you will need to complete the paperwork and process on your own.

You will be out of status after 90 days up until you receive your GC (to get your green card you must file your AOS paperwork)

AOS cover letter and AOS guide:

RE: I-485, Application to Adjust Status (K1 visa)

Applicant: Last name, First Name Middle Name

A-205-XXX-XXX

Gentleman/Madam:

Attached is my I-485 Application to Adjust Status from a K1 fiancée visa. (Include the following if you are filing AOS for any K2’s) Included in this mailing are I-485 application packets for my children, First Middle and Last name (list all children who you will be adjusting their status with this packet).

Included in the documentation are:

1. Check for $1,070 (include the appropriate amount based on your application)

2. I-693 medical exam report in sealed envelope

3. Passport-style photos for my husband and I

4. I-485, Petition

5. G-325, Biographic Information, forms for myself and my two children

6. Copy of the I-797 Approval Notice of Action for my I-129F petition

7. Copies of my K1 visa, I-94 and Philippines passport data page

8. Copies of both of our birth certificates

9. Copy of our Certificate of Marriage

10. Copy of my husband’s Dissolution Decree from a prior marriage(s)

11. Copy of the death certificate from other former wife of my husband (only needed if a prior marriage ended in the death of a spouse)

12. Copies of my Certificate of Finality and Decision to terminate my former marriage

13. My husband’s I-864, employer letter, 2013, 2012 and 2011 tax returns, W-2 forms, SS form (this is schedule of payments from social security if your husband is receiving SS benefits) and pay stubs

14. I-765, Application for Employment Authorization, with supporting documents

15. I-131, Application for travel Document with supporting documents

Thank you for your kind attention to this application.

Respectfully,

XXXXX XXXXX XXXX

Step by step guide:

http://www.visajourney.com/content/k1k3aos

http://www.uscis.gov/i-485

[Al422 221]

While technically you will be out of status if you file AOS beyond day 90, there are 30 million illegal aliens here in the United States who have no plans to file anything. Nobody is coming for them, and nobody is coming for you either.

USCIS will accept a late filing, as their policy is to not punish you for doing the right thing, even if you are doing it late. If they ask why it is late, tell them the truth: $1070 is a lot of money, and it took me a long time to save it. Just like every other question you get asked, the true answer is the correct one.

I read stories here about people who filed AOS 6 months late and got it processed, no problem. I am not suggesting that you let it go that far; just telling you that others indicated that they did let it get that far and still got their green cards.

Just don't tempt fate while you are out of status by leaving the country, even if you get your AP.

BTW we filed on time. We started saving for the $1070 the day she got here, so we had it together by day 90.

[MandL 12]

While technically you will be out of status if you file AOS beyond day 90, there are 30 million illegal aliens here in the United States who have no plans to file anything. Nobody is coming for them, and nobody is coming for you either.

USCIS will accept a late filing, as their policy is to not punish you for doing the right thing, even if you are doing it late. If they ask why it is late, tell them the truth: $1070 is a lot of money, and it took me a long time to save it. Just like every other question you get asked, the true answer is the correct one.

I read stories here about people who filed AOS 6 months late and got it processed, no problem. I am not suggesting that you let it go that far; just telling you that others indicated that they did let it get that far and still got their green cards.

Just don't tempt fate while you are out of status by leaving the country, even if you get your AP.

BTW we filed on time. We started saving for the $1070 the day she got here, so we had it together by day 90.

Hi GreenBaum and AI422!

Thank You Guys for the info. We are now preparing the Paper Works for my AOS and Employment Authorization Document, Hoping to File it On Time within the 90day Period.

Thank's

[Greenbaum 12,258]

Hi GreenBaum and AI422!

Thank You Guys for the info. We are now preparing the Paper Works for my AOS and Employment Authorization Document, Hoping to File it On Time within the 90day Period.

Thank's

Glad to have helped. Don't forget to include the Travel Authorization Document I-131 as it is free to file as long as you do it during your AOS. If you need to go back to the Phil on an emergency then you will be able to and it allows you back into the states, but it must be a short visit 1-2 weeks or they will question you and may deny your AOS.