Submitting AOS Now (Late) Want to Travel In February

[Ken1 0]

Hi Everyone,

I have a couple questions for you great folks here.

First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

My questions are:

First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

Thank you all!!!

K

[thepizzadude 26]

Hi Everyone,

I have a couple questions for you great folks here.

First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

My questions are:

First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

It starts counting days at expiration of I-94 which is at the end of the 90 days after arrival. The K1 visa actually expired the day she entered the country.

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

I would not depend on getting the AOS approved in time to travel. Just file for AP at the same time as you file for AOS it doesn't cost anything extra, we got AP approval in 35 days this past week so you should get it in plenty of time to travel in Feb. Yes, AP can be granted just to travel and does not have to be an emergency situation. You can find a link to an AOS guide in my siggie below.

Thank you all!!!

K

Edited October 14, 2009 by thepizzadude

[Ken1 0]

It starts counting days at expiration of I-94 which is at the end of the 90 days after arrival. The K1 visa actually expired the day she entered the country.

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

I would not depend on getting the AOS approved in time to travel. Just file for AP at the same time as you file for AOS it doesn't cost anything extra, we got AP approval in 35 days this past week so you should get it in plenty of time to travel in Feb. Yes, AP can be granted just to travel and does not have to be an emergency situation. You can find a link to an AOS guide in my siggie below.

Thanks! So it sounds like according to what you said here, we shouldn't be in trouble for waiting for the AOS - am I reading that correctly?

As for the AP, I thought you did have to pay. My understanding was for that, we need to file an I-131, which has a filing fee of $305. Am I wrong about that?

[Damian&Kelly 16]

When filing for AOS ($1010) the AP and EAD can be filed with the AOS for free.

I believe that your Daughter is automatically a USC because you're her father? You have to register with the US. Maybe I'm wrong.

[baron555 934]

If you overstay more than 180 days, then that can incur a 3 year ban. This will only become an issue if you are denied at the AOS interview. Letting the AOS slip is not good and you may be questioned about it during the interview. Hopefully you have solid evidence of an ongoing marriage.

Yes the AP and EAD are free if you file along with the AOS.

[JERIII 8]

If you overstay more than 180 days, then that can incur a 3 year ban. This will only become an issue if you are denied at the AOS interview. Letting the AOS slip is not good and you may be questioned about it during the interview. Hopefully you have solid evidence of an ongoing marriage.

Yes the AP and EAD are free if you file along with the AOS.

If you overstay more than 180 days (counting from the expiration of the I-94 until the filing of the AOS) then you cannot use an Advanced Parole. If you do so, you will be banned and unable to reenter the US.

It sounds to me like you will be okay if you file soon, but be sure to count carefully!

[Don E 0]

Hi Everyone,

I have a couple questions for you great folks here.

First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

My questions are:

First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

Thank you all!!!

K

Looks like you've got some good advice already. I've read enough to understand that there is a lot of conflicting information and advice floating around about how long you've got to file for AOS after coming to the U.S. on a K-1 visa. I won't even pretend to have the final answer, if there really is only one answer, on that one. I can tell you that my wife filed for AOS just over 6 months after arriving in the U.S., and she didn't have any problems getting her green card. Also, I think you meant to say that your wife's daughter came to the U.S. on a K-2 visa? I'm guessing that the girl is under 18 years of age. No matter the age, she will have to file for AOS just like your wife. Unfortunately, that's $1010 X 2. The daughter also should apply for AP along with the AOS (just like her mom). Whether or not she also applies for the EAD will depend on her age and/or how soon she might want to work. Although, it doesn't cost anything to do that (if she's old enough to legally work).

At least that's what I would suggest.

FWIW, YMMV

[dillon 6]

Hi Everyone,

I have a couple questions for you great folks here.

First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

My questions are:

First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

Thank you all!!!

K

Looks like you've got some good advice already. I've read enough to understand that there is a lot of conflicting information and advice floating around about how long you've got to file for AOS after coming to the U.S. on a K-1 visa. I won't even pretend to have the final answer, if there really is only one answer, on that one. I can tell you that my wife filed for AOS just over 6 months after arriving in the U.S., and she didn't have any problems getting her green card. Also, I think you meant to say that your wife's daughter came to the U.S. on a K-2 visa? I'm guessing that the girl is under 18 years of age. No matter the age, she will have to file for AOS just like your wife. Unfortunately, that's $1010 X 2. The daughter also should apply for AP along with the AOS (just like her mom). Whether or not she also applies for the EAD will depend on her age and/or how soon she might want to work. Although, it doesn't cost anything to do that (if she's old enough to legally work).

At least that's what I would suggest.

FWIW, YMMV

If you file them both at the same time your wife will be $1010 and her daughter will just be $600.

[Don E 0]

Hi Everyone,

I have a couple questions for you great folks here.

First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

My questions are:

First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

Thank you all!!!

K

Looks like you've got some good advice already. I've read enough to understand that there is a lot of conflicting information and advice floating around about how long you've got to file for AOS after coming to the U.S. on a K-1 visa. I won't even pretend to have the final answer, if there really is only one answer, on that one. I can tell you that my wife filed for AOS just over 6 months after arriving in the U.S., and she didn't have any problems getting her green card. Also, I think you meant to say that your wife's daughter came to the U.S. on a K-2 visa? I'm guessing that the girl is under 18 years of age. No matter the age, she will have to file for AOS just like your wife. Unfortunately, that's $1010 X 2. The daughter also should apply for AP along with the AOS (just like her mom). Whether or not she also applies for the EAD will depend on her age and/or how soon she might want to work. Although, it doesn't cost anything to do that (if she's old enough to legally work).

At least that's what I would suggest.

FWIW, YMMV

If you file them both at the same time your wife will be $1010 and her daughter will just be $600.

Good catch. I believe that's correct only if the child is under 14 years of age, and it's not clear how old the OP's step-daughter is. If she's 14 or over, I believe the fee is the full $1010.