Fine?

[TheHypnotist 0]

Hi!

We are currently preparing the packages for my AOS, but we dont know if we'll be able to send that before the expiration of my visa (im under visa waiver). I heard there could be a fine to pay in that case, is it true?

Also do we need to send the 2 packages separately (I-130 and I-485) or do we need to send them in the same pack?

Thanks a lot

Edited March 30, 2009 by TheHypnotist

[Bobby+Umit 161]

There is no "fine" that I know of, but if your visa expires before the AOS is sent in, you will be out of status, subject to deportation.

So the best thing is to send it in before the expiration, to preserve your status.

You should send both together as per the guides up top.

[Chica Yeyé 41]

Indeed - there is no such thing as "fine". If you do not file before your VWP entry expires, you will be out of status; subject to deportation AND if you accumulate "x" amount of days over your expired visa, you will need to later file for a waiver.

File asap.

[TheHypnotist 0]

Ok thanks a lot guys. In fact we kinda need to wait for the immunization and stuff, but the rest is filled already. We only had the bad news that it'll be expensive (almost 500$ for the tests and shots)

But does it mean that if i send the package for example 1 week after the expiration it's not good?

Edited March 30, 2009 by TheHypnotist

[Otto 83]

...But does it mean that if i send the package for example 1 week after the expiration it's not good?

Just send it as soon as you have it ready - sending it after the I-94 expires simply means your spouse is out-of-status - once USCIS gets your package, that will change to "Pending."

Many folks file for AOS shortly after the I-94 has expired and not had any issues. It's not like anyone is going to come knocking on your door.

Edited March 30, 2009 by Karin und Otto

[Bobby+Umit 161]

Ok thanks a lot guys. In fact we kinda need to wait for the immunization and stuff, but the rest is filled already. We only had the bad news that it'll be expensive (almost 500$ for the tests and shots)

But does it mean that if i send the package for example 1 week after the expiration it's not good?

Well, (hold your hats), the AOS (I-485) instructions says you can't file if your authorized stay is expired, but plenty of people do it, with no negative issues.

However, do it ASAP. (and stay away from places where they would check for immigration status)

[Chica Yeyé 41]

if you file while out of status, you will quite likely be denied and have to file for a waiver, which is much more expensive.

[junglejao 0]

if it was a K1 visa you are fine to wait. i don't know about other visas.

it's worth checking around with several civil surgeons- some charge outrageous prices while others are far more reasonable.

good luck!

[Otto 83]

...But does it mean that if i send the package for example 1 week after the expiration it's not good?

Many folks file for AOS shortly after the I-94 has expired and not had any issues. It's not like anyone is going to come knocking on your door.

Not sure why I gleamed you were here on a K1...

[rickynlucy 0]

You would only run into filing a waiver if you stay over 180 days past the expiration AND you leave the country. File as soon as you can and you should be fine. If you do accumulate 180 days of overstay do not leave the country even with an AP document. Simple overstay is forgiven with marriage to USC spouse. It's not uncommon to file for AOS late due to costs, documentation gathering problems, etc.

[Cino 5]

you are not eligible for adjustment of

status if any of the following apply to you:

"You were admitted to the United States as a visitor under

the Visa Waiver Program, unless you are applying

because you are an immediate relative of a U.S. citizen

(parent, spouse, widow, widower, or unmarried child

under 21 years old)"

As you see from the above statement, you are eligible to file without any penalty.

It does not matter if you have ever overstayed & been out-of-status as long as you are married to US citizen &

entered US with inspection !.....

Here are some answers to your questions :

* You should file 130 & 485 as a separate packet (2 different addresses & 2 different checks).

* You can file 130 & 485 concurrently

* 485 pack costs $1,010 ( Including $80 bio )

* 130 pack costs $355

* If you are overstayer you had better not to file for AP (It is not necessary, you wouldn't leave US anyway)

* You would file your AOS package without I-693, but make sure to get it done later on before interview.

GOOD LUCK !.....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

Edited March 31, 2009 by Cino

[gatita 0]

if you file while out of status, you will quite likely be denied and have to file for a waiver, which is much more expensive.

Only if you leave the U.S.

You would only run into filing a waiver if you stay over 180 days past the expiration AND you leave the country. File as soon as you can and you should be fine. If you do accumulate 180 days of overstay do not leave the country even with an AP document. Simple overstay is forgiven with marriage to USC spouse. It's not uncommon to file for AOS late due to costs, documentation gathering problems, etc.

This is correct. File ASAP.

[TheHypnotist 0]

Thx a lot to all

Almost all is filled already as i said, we are only not sure to receive the blood test in time. But I shouldnt overstay for more than a few days in the worse case so...

[^KK^ 3]

good luck

[baron555 934]

Thx a lot to all

Almost all is filled already as i said, we are only not sure to receive the blood test in time. But I shouldnt overstay for more than a few days in the worse case so...

A question you haven't asked others is "What if I don't have all the documentation but decide to file anyway just to file prior to my current status changes?"