AOS Deadline Questions

[BrownSugarHoney 0]

Hey VJ Members,

I am asking for your help again....

1) I am working on the AOS and was uncertain as to whether it needed to be filed within 90 days of his POE date OR withion 90 days of us getting married.

2) If it is not filed within the time, of whatever the answer is above, does he become an illegal alien?

3) It took 2 months for my husband to receive his social security card. Now his temporary EAD is about to expire. This is leading to employers not even considering him. Can we file the EAD renewal prior to the AOS being submitted?

Your feedback is much appreciated! Thanks!

Jackie

[Zee Bee 61]

1) Once you get married within the 90 days of his entry you can file AOS whenever you want. The only stipulation is the marriage within the 90 days.

2) He is not illegal, he will only be out of status until he gets his greencard.

3) If you apply for EAD before filing AOS then his EAD will expire at the same time his I-94 expires, ie, same time as the temp EAD. I don't think the temp EAD is renewable.

[chris4gretchen 1]

Hey VJ Members,

I am asking for your help again....

1) I am working on the AOS and was uncertain as to whether it needed to be filed within 90 days of his POE date OR withion 90 days of us getting married.

2) If it is not filed within the time, of whatever the answer is above, does he become an illegal alien?

3) It took 2 months for my husband to receive his social security card. Now his temporary EAD is about to expire. This is leading to employers not even considering him. Can we file the EAD renewal prior to the AOS being submitted?

Your feedback is much appreciated! Thanks!

Jackie

AOS can be filed years after the marriage, but the immigrant will be out of status during that time. EAD is AOS. They are not really separate now. You file AOS and EAD is apart of it. Once the temp EAD on the i-94 expires, you have to file your AOS to get EAD.

AOS is filing for a 2 year green card and getting work authorization and permission to leave the country. Thats all it is. You get a conditional green card that is good for 2 years instead of ten years. After 2 years you apply for removal of conditions, that means you apply for a ten year green card. one year after having that you can apply for citizenship. Thats the entire process after coming here on a K1 and marrying.

Chris

[Ricca711 1]

Hey VJ Members,

I am asking for your help again....

1) I am working on the AOS and was uncertain as to whether it needed to be filed within 90 days of his POE date OR withion 90 days of us getting married.

2) If it is not filed within the time, of whatever the answer is above, does he become an illegal alien?

3) It took 2 months for my husband to receive his social security card. Now his temporary EAD is about to expire. This is leading to employers not even considering him. Can we file the EAD renewal prior to the AOS being submitted?

Your feedback is much appreciated! Thanks!

Jackie

I sent you a PM.

Erika