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ealachan

AOS filing question

By ealachan in United Kingdom

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ealachan Explorer

ealachan   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

cross-posting this from the AOS boards, in hopes someone might be able to help...

Is there such a thing as filing for an extension to lengthen the time we have before we have to file my husband's AOS application? He entered the country on 10/2 on a K-1 visa. we got married on 10/10, and money has become extremely tight due to some unforseen issues. I don't think we're going to be able to scrape up the $$ for the AOS by the time we need to. Is there any way to extend the time we have in order to file it?

Kind of grasping at straws, I know...

Our Timeline

11/2001 - met online

6/2006 - first face-to-face meeting (he's been over 7 times total since then).

1/26/09 - filed I-129F with VSC

1/27/09 - package rec'd, NOA1 sent

1/30/09 - NOA1 hardcopy rec'd

1/31/09 - touched

4/29/09 - NOA2 email rec'd from CRIS! YIPPEE!!

5/12/09 - Mark rec'd Packet 3

5/29/09 - returned packet 3

7/12/09 - resubmitted packet 3 after being told for weeks that it was never rec'd

8/19/09 - interview scheduled for 9/11/09! Medical moved to 9/10/09.

9/10/09 - medical - passed

9/11/09 - interview - approved pending embassy receipt of medical results!!!!!!! Hard to believe it's finally done!!

10/2/09 - POE: Logan Airport in Boston, MA. Absolutely no problems, aside from the customs official not knowing what to do with the visa and having to find someone to help.

10/10/09 - Married!! :D :D :D

12/2/09 - SSN applied for in Montpelier, VT

12/7/09 - SSN received in the mail - that was fast!

1/9/2010 - AOS & EAD package sent

1/15/2010 - NOA's received for both AOS and EAD applications

1/22/2010 - biometrics appointment letter rec'd - appt is for 2/2 in St. Albans, VT.

Igor's List

4/29/09 - APPROVED!

4/28/09 - #208

4/24/09 - #218

4/17/09 - #235

4/10/09 - #250

4/7/09 - #271

3/1/09 - #371

2/2/09 - #455

Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
cross-posting this from the AOS boards, in hopes someone might be able to help...

Is there such a thing as filing for an extension to lengthen the time we have before we have to file my husband's AOS application? He entered the country on 10/2 on a K-1 visa. we got married on 10/10, and money has become extremely tight due to some unforseen issues. I don't think we're going to be able to scrape up the $$ for the AOS by the time we need to. Is there any way to extend the time we have in order to file it?

Kind of grasping at straws, I know...

There is no way to extend the time (you should apply for AOS before the I-94 expires if possible) - that said, there is no real time-frame dictating when you must file - sooner the better in order to protect his legal status in the US. But if you go past the 90-day period, you can still file as soon as possible - but don't wait forever.

ealachan Explorer

ealachan   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

What happens if he goes out of status, though? There must be some kind of penalty or something, right?

Our Timeline

11/2001 - met online

6/2006 - first face-to-face meeting (he's been over 7 times total since then).

1/26/09 - filed I-129F with VSC

1/27/09 - package rec'd, NOA1 sent

1/30/09 - NOA1 hardcopy rec'd

1/31/09 - touched

4/29/09 - NOA2 email rec'd from CRIS! YIPPEE!!

5/12/09 - Mark rec'd Packet 3

5/29/09 - returned packet 3

7/12/09 - resubmitted packet 3 after being told for weeks that it was never rec'd

8/19/09 - interview scheduled for 9/11/09! Medical moved to 9/10/09.

9/10/09 - medical - passed

9/11/09 - interview - approved pending embassy receipt of medical results!!!!!!! Hard to believe it's finally done!!

10/2/09 - POE: Logan Airport in Boston, MA. Absolutely no problems, aside from the customs official not knowing what to do with the visa and having to find someone to help.

10/10/09 - Married!! :D :D :D

12/2/09 - SSN applied for in Montpelier, VT

12/7/09 - SSN received in the mail - that was fast!

1/9/2010 - AOS & EAD package sent

1/15/2010 - NOA's received for both AOS and EAD applications

1/22/2010 - biometrics appointment letter rec'd - appt is for 2/2 in St. Albans, VT.

Igor's List

4/29/09 - APPROVED!

4/28/09 - #208

4/24/09 - #218

4/17/09 - #235

4/10/09 - #250

4/7/09 - #271

3/1/09 - #371

2/2/09 - #455

Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
What happens if he goes out of status, though? There must be some kind of penalty or something, right?

Well - let's say you file a month after the I-94 expires and in that time no 'authority' has asked to inspect your legal presence in the US - nothing happens, no penalty.

The potential for a penalty could come from being inspected during the time your I-94 expires and before you've filed AOS. If that happens - you could have problems. The $1000 question is, how likely is that to happen (in most cases, not very likely at all).

Once you file AOS, your status is protected.

If all that makes sense.

ealachan Explorer

ealachan   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

I don't know if I dare to take that risk....thank you for the info, though!

Our Timeline

11/2001 - met online

6/2006 - first face-to-face meeting (he's been over 7 times total since then).

1/26/09 - filed I-129F with VSC

1/27/09 - package rec'd, NOA1 sent

1/30/09 - NOA1 hardcopy rec'd

1/31/09 - touched

4/29/09 - NOA2 email rec'd from CRIS! YIPPEE!!

5/12/09 - Mark rec'd Packet 3

5/29/09 - returned packet 3

7/12/09 - resubmitted packet 3 after being told for weeks that it was never rec'd

8/19/09 - interview scheduled for 9/11/09! Medical moved to 9/10/09.

9/10/09 - medical - passed

9/11/09 - interview - approved pending embassy receipt of medical results!!!!!!! Hard to believe it's finally done!!

10/2/09 - POE: Logan Airport in Boston, MA. Absolutely no problems, aside from the customs official not knowing what to do with the visa and having to find someone to help.

10/10/09 - Married!! :D :D :D

12/2/09 - SSN applied for in Montpelier, VT

12/7/09 - SSN received in the mail - that was fast!

1/9/2010 - AOS & EAD package sent

1/15/2010 - NOA's received for both AOS and EAD applications

1/22/2010 - biometrics appointment letter rec'd - appt is for 2/2 in St. Albans, VT.

Igor's List

4/29/09 - APPROVED!

4/28/09 - #208

4/24/09 - #218

4/17/09 - #235

4/10/09 - #250

4/7/09 - #271

3/1/09 - #371

2/2/09 - #455

Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
I don't know if I dare to take that risk....thank you for the info, though!

Ya - if possible, do what ever it takes to get the money together (beg, borrow, steal - OK, not steal). The sooner you do, the sooner he can begin work, school, driving, etc as a benefit of being a LPR. It will get better, trust me.

Damian&Kelly Rising Star

Damian&Kelly   16

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

Just to ease your mind, tho I don't recommend it! My husband came May 2008 and we didn't apply for AOS until March 2009 and it got approved no problem, no RFE and my husbands medical was even expired. I'm still shocked.

The sooner the better and also the sooner you apply the sooner he will get approved and also the sooner he can become a US citizen. We wish we didn't wait because it was almost a waste of a whole year but we didn't have the money to apply.

flag45.gif Damian & Kelly 1502.gif

Rugby, England >> Harrisburg, PA.

Summer 2005 -- Met on Pokerstars.com

June 15th, 2006 -- Met in Person

Feb 1st, 2008 -- Filed I-129F

May 2nd, 2008 -- Visa Interview = Approved. (91days)

May 27th, 2008 -- Damian moves to America!

July 23rd - 30th, 2008 -- Damian's Mum Comes to the US for our wedding.

July 25th, 2008 -- Wedding Day!

March 16th, 2009 -- AOS Sent

May 8th, 2009 -- EAD & AP Approved (51days)

July 14th, 2009 -- AOS Approved!! (118days)

July 21st, 2009 -- Green Card Received (125days)

No RFEs the whole process :) All done myself.

December 4th - 30th, 2009 -- Visited England

April 8th - 30th, 2010 -- Damian's Brother visits us here in PA.

January 19th, 2010 -- Damian got his PA license.

December 10th - 19th, 2010 -- Visited England

September 16th - 30th, 2011 -- Damian's Parents came to visit us here in PA.

June 1st, 2011 -- Mailed ROC to Vermont.

February 21st, 2012 -- 10 Year Green Card Received

April 14th, 2012 -- N-400 Sent to Dallas Lockbox

November 26th, 2012 – Damian Became a US Citizen!!!

 
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