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nathandace Enthusiast

nathandace   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Hey All,

I was wondering if anyone knew what the latest possible time would be to apply for an AOS? I heard that it should be no longer than the date stamped in your passport. Was wondering if anyone knew if this was true or not?

K1 Process

I-129F Sent : 2008-02-29

I-129F NOA1: 2008-03-12

I-129F NOA2: 2008-07-15 date on notice

NVC Left: 2008-07-23 date on letter

Packet 3 Received: 2008-10-14 date on letter

Packet 3 Sent: 2009-03-25

Medical: 2008-11-05

Interview Date: 2009-07-08

Visa Approval: 2009-07-08

Visa In Hand: 2009-07-09

Married on: 2009-07-17

AOS Process

Medical: 2009-09-09/Results:2009-09-11

AOS package sent: 2009-10-08

Arrived at lockbox: 2009-10-09

RFE: 2009-10-19/AOS package re-sent: 2009-11

I-485 NOA: 2009-11-25

I-130 NOA: 2009-11-25

I-765 NOA: 2009-11-25

I-131 NOA: 2009-11-25

RFE: 2009-12-21/AOS Requested info sent: 2010-01-12

Biometrics Apt: 2010-01-25

AP Approved!: 2010-02-18

EAD Approved!: 2010-02-24

Case transferred to CSC: 2010-02-24

Touch #1: 2010-03-04

Touch #2: 2010-07-10

Touch #3: 2010-07-14

AOS Card Production Ordered: 2010-07-21

Green Card In Hand: 2010-08-02

happywifeymom Proficient

happywifeymom   4

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
Hey All,

I was wondering if anyone knew what the latest possible time would be to apply for an AOS? I heard that it should be no longer than the date stamped in your passport. Was wondering if anyone knew if this was true or not?

After marriage and before the expiration of the I-94.

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Technically, there is no 'deadline' to filing AOS, however once the I-94 expires your spouse is out of status and can be deported. As well, the more 'out of status' dates they collect the greater the consequences. Once they reach 180 out of status days if they leave the US - even with an advance parole - they will incur a 3 year ban and not be allowed back to the US. A year's worth of out of status days and that ban becomes 10 years of not being allowed back into the US. The whole time your partner is out of status they are 'at risk'. Once the application is filed they are again in status as "AOS applicants'. So, it is better to file sooner rather than later. Even though the fee is expensive it really needs to be one of your highest priorities.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Concur with the above...

You don't want to be out of status. Out of status = bad place to be.

I-94 expires, bad place to be without the NOA from the AOS.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

moved from K-1 forum to AOS forum

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

nathandace Enthusiast

nathandace   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted
Technically, there is no 'deadline' to filing AOS, however once the I-94 expires your spouse is out of status and can be deported. As well, the more 'out of status' dates they collect the greater the consequences. Once they reach 180 out of status days if they leave the US - even with an advance parole - they will incur a 3 year ban and not be allowed back to the US. A year's worth of out of status days and that ban becomes 10 years of not being allowed back into the US. The whole time your partner is out of status they are 'at risk'. Once the application is filed they are again in status as "AOS applicants'. So, it is better to file sooner rather than later. Even though the fee is expensive it really needs to be one of your highest priorities.

My I-94 expires Oct 12, 2009. The reason why I am asking is my husband is doig his Basic Military Training and I have not heard from him yet, and Im not sure when he gets his first phone call to give me his address so I can send him the forms that he needs to fill in. I know he will be done his training Sept 21 so that would be the last possible date that I would wait until to send it in. I am planning on sending the AOS in sooner than that though. I just want to cover all my bases so to speak, and have options just incase. you know?

K1 Process

I-129F Sent : 2008-02-29

I-129F NOA1: 2008-03-12

I-129F NOA2: 2008-07-15 date on notice

NVC Left: 2008-07-23 date on letter

Packet 3 Received: 2008-10-14 date on letter

Packet 3 Sent: 2009-03-25

Medical: 2008-11-05

Interview Date: 2009-07-08

Visa Approval: 2009-07-08

Visa In Hand: 2009-07-09

Married on: 2009-07-17

AOS Process

Medical: 2009-09-09/Results:2009-09-11

AOS package sent: 2009-10-08

Arrived at lockbox: 2009-10-09

RFE: 2009-10-19/AOS package re-sent: 2009-11

I-485 NOA: 2009-11-25

I-130 NOA: 2009-11-25

I-765 NOA: 2009-11-25

I-131 NOA: 2009-11-25

RFE: 2009-12-21/AOS Requested info sent: 2010-01-12

Biometrics Apt: 2010-01-25

AP Approved!: 2010-02-18

EAD Approved!: 2010-02-24

Case transferred to CSC: 2010-02-24

Touch #1: 2010-03-04

Touch #2: 2010-07-10

Touch #3: 2010-07-14

AOS Card Production Ordered: 2010-07-21

Green Card In Hand: 2010-08-02

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Fair enough. A few days later shouldn't be a problem but if you don't have to go late it is best not to. Good luck on getting everything together.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Nicoxcx Community Regular

Nicoxcx   1

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted

We waited a few months (not by choice) and were fine. Don't let the horror stories get you in a panic.

Goodluck on your journey.

29/06/2004 Met online

24/10/2004- Officially started dating!

-Various Trips Between the USA and Scotland-

25/12/2007- Steven Proposed, and gave me a lovely Ring!

29/02/2008- Sent I-129F to VSC

22/09/2008-1pm - Recieved Visa!

04/11/2008 -Steven comes back to Scotland for the Celebrations!

09/11/2008- We return home together!

23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.

09/4/2009- Sent AOS

11/4/2009- Received and signed for

20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)

20/4/2009- USCIS cashed check for $1010

09/5/2009- Biometrics

11/5/2009- Case transferred to CSC

05/6/2009- Received AP

09/6/2009- Received EAD

22/7/2009- Approved!

27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC

23/5/2011-NOA1

12/07/2011- Biometrics

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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