panic attack in progress pls help

[lynn&al 1]

Hi all let me begin by apologizing for asking a question that im sure has been asked and answered many times before but i have searched quite a bit here and on other sites and keep getting conflicting information.

Hubby entered the USA via K1 and we were married within 90 days due to a medical situation and loss of my employment we were not able to file/afford AOS at the time. I had heard of others waiting even up to 2 yrs to file for AOS and just applying for the unconditional green card and thought that was okay as long as he was not working without authorization.

Well now we are filing for AOS and as we are going through all of the paperwork and gathering evidence we are obviously getting a bit nervous, I will admit it had been awhile since i had even looked at a visa site and it has been an overwhelming day so i may just be stressing over nothing but what if im not? just needed to ask others that are going through or have gone through a similar situation.

As far as i can see he entered legally, we married within the 90 days fulfilling the K1 visa but failed to file for AOS witch makes him out of status. he has not been working since we did not want to risk that without authorization but i have also just read that someone cannot file for AOS if they are now or have ever been out of status. is this true? if so that sucks! what now?

[reeses16 8]

You're fine. File for AOS. Remember, he can not leave the US until he has his green card (or AP).

[Wishes 2]

Hi all let me begin by apologizing for asking a question that im sure has been asked and answered many times before but i have searched quite a bit here and on other sites and keep getting conflicting information.

Hubby entered the USA via K1 and we were married within 90 days due to a medical situation and loss of my employment we were not able to file/afford AOS at the time. I had heard of others waiting even up to 2 yrs to file for AOS and just applying for the unconditional green card and thought that was okay as long as he was not working without authorization.

Well now we are filing for AOS and as we are going through all of the paperwork and gathering evidence we are obviously getting a bit nervous, I will admit it had been awhile since i had even looked at a visa site and it has been an overwhelming day so i may just be stressing over nothing but what if im not? just needed to ask others that are going through or have gone through a similar situation.

As far as i can see he entered legally, we married within the 90 days fulfilling the K1 visa but failed to file for AOS witch makes him out of status. he has not been working since we did not want to risk that without authorization but i have also just read that someone cannot file for AOS if they are now or have ever been out of status. is this true? if so that sucks! what now?

I am sure someone more knowledgeable will come along, but you can still file AOS. It would of probably been better to do so sooner, but you are eligible.

[keweul 1]

You're fine, I was out of status also and i'm scheduled for my interview in dec...go ahead and file...

[Otto 83]

As far as i can see he entered legally, we married within the 90 days fulfilling the K1 visa but failed to file for AOS witch makes him out of status. he has not been working since we did not want to risk that without authorization but i have also just read that someone cannot file for AOS if they are now or have ever been out of status. is this true?This is not true - many, if not most K1 (and others) entrants do not file for AOS until they are out of status (after 90-days of being in the US). if so that sucks! what now?

Review the step-by-step guide for up to date procedures.

[lynn&al 1]

Phew! thanks all im feeling much better now. i should have known better then to look anywhere other then visa journey for answers.

now if only hubby hadnt washed all the stamps and partially his photo off his passport and visa (doh!) i guess that was his way of telling me he doesnt do laundry!

im guessing i can just send the best copy i can and include a sheet with explaination and what the dates should be? i think i have them for the I129 filed somewhere... hmmm.. i hope

thanks again all

[Eric-Pris 1,607]

There's no time-limit to file AOS. As long as you marry within 90 days of arrival, you can adjust status without a problem. If you have an interview, you may be asked why you waited so long. A simple "we couldn't afford it".

[marryme 0]

I also didn't apply for my AOS until 2 months after the stamp date expired due to financial reasons. I have also heard people were still able to file their AOS after 2 years of marriage and get a 10 year green card instead of the 2 year restricted one.

[lynn&al 1]

yeah, i knew i had read that somewhere as well, guess i was stressing over nothing seems all it takes is a little bump in the road or reading some misinformed posts to set me off thinking i've done everything wrong. ive been second and third guessing everything we do lately. dont you just love the holiday season? so relaxing isnt it? lol

My mother in law will be here tomorrow for a week long visit this may have me slightly stressed as well. we are going to do all we can do today and send the package off most likely when we have a more sane time to double check ourselves i wouldnt want to have it held up over something trivial.

thanks again all i slept much better last night due to the quick responses.