No deadline filing for AOS? ( from K1)

[dynb 17]

Thanks for the input. I don't see anything wrong about being a homemaker. I initially thought that the AOS has to be done somewhere within the 90 day time frame upon POE. We didn't intend to wait for a year.

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.

Edited June 13, 2015 by dynm

[NikLR 13,220]

I didn't say homemaker, I said homebody. Unless there is a decent public transport system, you won't be leaving the house unless your spouse or another person who can drive is with you.

[Anh map 2,098]

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.

Adjustment of status is so that someone can become a permanent resident (green card holder), not a US citizen.

Evaluate your partner? SMH

[NikLR 13,220]

LOL I wanted to add that as long as you're happy, there is nothing wrong with being a homemaker, however it's not as inexpensive as people feel either.

Edited June 13, 2015 by NLR

[Cathi 5,607]

Thanks for the input. I don't see anything wrong about being a homemaker. I initially thought that the AOS has to be done somewhere within the 90 day time frame upon POE. We didn't intend to wait for a year.

NLR did not say "homemaker", she said homebody, there is a big difference. What NLR meant is without AOS you have no life in the US, you can't work, drive, volunteer, it is very difficult to leave the house and do anything worthwhile. There is always a chance of being held and deported by ICE of you are caught. And I agree BIG time with NLR, I think K-1 visa couples should have to prove they have the money for AOS set aside before the visa is issued.

[Unidentified 2,930]

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.

Evaluate your partner? What, did you find your girl in a catalog or something? If you're engaged or even married, you have already evaluated that "this is the person I want to spend the rest of my life with".

[dynb 17]

I know that you said homebody but I never intended to be one, a homemaker is the closest thing I have in mind without an immediate AOS.

Edited June 13, 2015 by dynm

[Shauneg 762]

Have you two already married?

[dynb 17]

On top of submitting proof that you've filed your taxes, proof of income, employment certificate that's still not proof enough AOS can't be done on day 91 of POE? I was asking because I initially thought AOS had to be within 90 days.

I only said "a thousand dollars doesn't fall out of the sky" in reference to the common reason why couples delay. It doesn't necessarily mean us as a couple can't afford it.

NLR did not say "homemaker", she said homebody, there is a big difference. What NLR meant is without AOS you have no life in the US, you can't work, drive, volunteer, it is very difficult to leave the house and do anything worthwhile. There is always a chance of being held and deported by ICE of you are caught. And I agree BIG time with NLR, I think K-1 visa couples should have to prove they have the money for AOS set aside before the visa is issued.

Edited June 13, 2015 by dynm

[raven52 233]

Everyone who needs to file for AOS, needs to do so, "when they can" it is so beneficial to you, get the EAD/AP combo card, get the 2 yr GC, and enables you to be closer to that time when you can file for citizenship.

But, these are tough times for us all, and you can do only what you can do. Just when you can do it as, I just listed the benefits, of getting it done.

Good luck to you, and hope you can file soon, you will find a way. Someone will help you, I feel.

[Ebunoluwa 6,136]

If your medical is older than 1 year (not 6 months) by the time you file AOS you have to do another one.

[milimelo 4,156]

If your medical is older than 1 year (not 6 months) by the time you file AOS you have to do another one.

Things have changed in February - all exams are now good for only 6 months:

http://travel.state.gov/content/dam/visas/policy_updates/CDC_Revisions_to_Visa_Medical_Examinations%20%2802-2015%29.pdf

[Ebunoluwa 6,136]

Things have changed in February - all exams are now good for only 6 months:

http://travel.state.gov/content/dam/visas/policy_updates/CDC_Revisions_to_Visa_Medical_Examinations%20%2802-2015%29.pdf

That link is for DOS regulations.

USCIS states validity is for one year (medical date to filing AOS).

http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/

[KayDeeCee 4,891]

Things have changed in February - all exams are now good for only 6 months:

http://travel.state.gov/content/dam/visas/policy_updates/CDC_Revisions_to_Visa_Medical_Examinations%20%2802-2015%29.pdf

That is for obtaining a visa abroad.

The I-693 needs to be submitted to the USCIS within a year of the medical exam for AOS. > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

And it has not changed for those adjusting from a K-1. You do not have to repeat the medical if your medical exam abroad was within a year of filing for AOS > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

And as to the topic of this thread :

No, there is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

Edited June 14, 2015 by KayDeeCee

[Greenbaum 12,258]

Things have changed in February - all exams are now good for only 6 months:

http://travel.state.gov/content/dam/visas/policy_updates/CDC_Revisions_to_Visa_Medical_Examinations%20%2802-2015%29.pdf

That is wrong information as it relates to CR1 and K1 plus follow-to-join derivatives. Currently, the medical exam that is administered for each of these classification for US bound immigrants from the Philippines has a "shelf" life of one year from exam. If all vaccinations were completed during the initial exam, the DS-3025/I-693 are the only documents that need to be submitted to satisfy the medical when the AOS package is submitted for adjudication.

if the OP in this case goes beyond the one year, they will need to incur a new medical from a panel civil surgeon in their area at a cost that borders on ridicules. So, in my humble opinion, the OP should try as hard as they can to submit there AOS within the one year time period. Otherwise, their expenses will double.

Now, if you don't file the AOS then you are on borrowed time. Your out of status risking your ability to remain in the US legally. No GC and no way of getting a driver's license, work authorization or the ability to remove your conditions for the 10 year GC. Also, as some have said US Citizenship (may not be important but is part of the equation).

It's my opinion, the OP should give this some serious thought and move forward. Whatever he must do to get the fee now he must do. For in the long run, he will save money because the avenue you travel beyond the one year is very, very costly not to say she can be deported if out of status.

Edited June 14, 2015 by Greenbaum