No deadline filing for AOS? ( from K1)

[dynb 17]

Hi, all!

Assuming that the K1 beneficiary and petitioner got married in 90 days upon POE, is there really no strict deadline in filing the AOS?

And that the disadvantage of a late filing is that it might come in to question once the couple got around to filing it? Is this still the case as discussed by VJrs here:http://www.visajourney.com/forums/topic/327050-aos-deadline-90-days/? Thanks.

Edited June 13, 2015 by dynm

[Anh map 2,098]

The sooner you file, the sooner the alien spouse has lawful status in the US making employment possible, education easier, etc.

[Shauneg 762]

Hi, all!

Assuming that the K1 beneficiary and petitioner got married in 90 days upon POE, is there really no strict deadline in filing the AOS?

And that the disadvantage of a late filing is that it might come in to question once the couple got around to filing it? Is this still the case as discussed by VJrs here:http://www.visajourney.com/forums/topic/327050-aos-deadline-90-days/? Thanks.

I applaud and thank you for doing some reasearch, it seems like 95% of posters do none at all and expect everything to be spoon fed to them.

The simple answer is yes that is correct, there are downsides though as you can't get any benifets, can't travel outside the country, work, and a number of other things. I'm going to go out on a limb and assume it's a money with you....that's the going theme with both the these. If so, don't worry and adjust when you can but the immigrant technically has status until then.

[Hank_ 9,171]

~ ouch! Drinking decafe this morning huh? (wonder how many questions I have read and answered more than once????)

This is a "help the other guy out" forum...

One last thing with delaying filing AOS, by delaying obtaining the green card you delay getting the clock started for obtaining citizenship for your wife.

[Penguin_ie 5,984]

***** Moving from Philippines to AOS from Family Visa forum as not country specific ******

[VOL 425]

I think it's a good thing that you can delay the AOS process

[SparklePony 238]

Why?

[VOL 425]

Why?

Seem most who do it have lack of funds.

But it also give you time to evaluate your partner if you want to take months or years to adjust

Some people don't want to get US citizenship due to loosing their rights in their home country, so adjusting for citizenhship is not that important.

[dynb 17]

Thanks guys. I'm the beneficiary and yes, the thousand dollar fee doesn't just fall from the sky. Lol. How about the medical exam I took at St. Luke's in the Philippines, how long is it valid for AOS?

Edited June 13, 2015 by dynm

[glazierguy 20]

From what I understand 1 year, Im in exact same place. One advantage I can see is, if it takes 2 years you will then get a 10 year green card which saves tons of time, paperwork, and money!!!

[milimelo 4,169]

ALL medicals are now only good for 6 months. So if you take too long, you WILL be RFEd for a new one.

[milimelo 4,169]

Thanks guys. I'm the beneficiary and yes, the thousand dollar fee doesn't just fall from the sky. Lol. How about the medical exam I took at St. Luke's in the Philippines, how long is it valid for AOS?

Money for following next steps to LPR status should've been taken into consideration BEFORE you arrived to the US. That's why spousal visa is so much better - LPR status on entry and you're not in limbo if there's money for AOS or not. You can also work from day one vs having to start AOS and get an EAD before starting work.

[NikLR 13,220]

The cost of AOS should be figured into the cost of the getting the partner here IMHO. If you do not AOS, you cannot get a driver's license or a job, and you have no status in the USA. Technically you can be deported. It's highly unlikely to happen; they'd most likely say hey, do the AOS, but it's there, none-the-less. Some people use it to control their foreign spouses.

There is nothing that says you MUST AOS within a certain time frame, but you essentially become a homebody if you don't. You can't even volunteer for many jobs.

Also think of this this way, if you can't afford $1070, what happens if the car breaks down? What happens if the US spouse gets hurt and can't work but doesn't have insurance to cover that? People fall in love and don't think about the cost of a two person household. It can be more than double a single person.

[dynb 17]

I was petitioned in the Philippines and the requirements for spousal visa are more dicey with the change of name that happens after marriage and all the paperwork in the country that has to be processed by several branches of a 3rd country government: department of foreign affairs, National bureau of investigation and National statistics office (a lot get stuck somewhere in the process) on top of how busy the US embassy here. In our case, we chose the more practical path.

Edited June 13, 2015 by dynm

[NikLR 13,220]

As long as the foreign spouse (or soon to be spouse) makes the poverty guidelines for PI then the K1 pretty much is the go-to path there unless the USC lives in the PI. When you have religion dictating what a country may or may not do in regards to marriage, it's best not to be married there as far as I can understand it.