Super Late Application!! HELP!

[senyorita80 1]

Hi. so i got here Feb 25 of last year (2005) on K1, married my husband before visa expiration, w/c is 90 days after entering the US.

Here's the thing. It's already almost a year and we HAVE NOT applied for AOS! I shouldn't be worrying cuz i called the USCIS before and stated my situation and they said that "There is no deadline for filing AOS but we suggest to do it as soon as possible". So.. we kind of got easy with it and din't really put that much attention on filing. Now, something tells me i'm in trouble. Should i be trusting that phone call i made with the USCIS officer? I feel terrible that we might get denied for filing sooo late. Has anyone have the same or relating experience.

Please help.... any advice?

[hcj 0]

The good news is, you can still apply for AOS and you won't get denied just because of the late filing.

But, you should know that you have been "overstaying" from day 91 on, and have now accrued more than 180 days of unlawful presence. This is OK as long as you do not leave the US. If you leave the US before you get your GC, you will trigger a 3-year bar to re-entry and find yourself stuck outside the US.

If you get to 365 days of unlawful presence, the 3 year bar will get bumped up to a 10 year bar. Again, this doesn't affect you UNLESS you leave the US before you successfully adjust status.

So best to send in your AOS application asap, since you will continue to accrue unlawful presence until they accept your I-485. Don't bother applying for AP because you can't use it anyway.

[Kez/JWolf 6]

Get your AOS filed as soon as you can..... any out of status time will be forgiven but as stated by hcj don not leave the States under any cirrcumstances or you will be denied re-entry.... even if you had AP... so save the money and dont file for AP....

Good Luck

Kezzie

[RichardS 0]

TRY TO FILE AOS VERY QUICKLY!

Good Luck!

[Keigwyn 1]

Start applying for AOS. don't panic there is lots of help here. Make sure you get the forms 'right' before submitting....Ohhh and like everyone else says, don't plan on visiting another country!

[den_y2005 0]

file as soon as you can now

good luck

[senyorita80 1]

Thanks very much guys. It's just it's not simple preparing for AOS application. After the wedding, all those bills with a 2yr old son plus the fact that this AOS application is not cheap... it's hard to keep up with our savings.

Yes, we are going to apply this coming March. I hope i dont get penalties of some sort for late filing. I will update you guys. Again thanks very much.

[Jasman0717 8]

File soon, Good luck

[Kajikit 65]

There aren't any particular penalties for filing AOS late... as long as you have NOT left the country. If I was you I'd file it ASAP and borrow the fee from someone if you have to just to get the paperwork in and out of the way.

[ChanelKitten 0]

I also applied late for my AOS due to it taking a while to come up with the filing and attorney fees. We got married in 11/20/2004 and just filed on 03/10/06. I consulted my attorney and she said that we should not worry about the late filing, but as stated many times, do not leave the country or apply for AP. All the best of luck to you!!!

[Autumnal 25]

Eep, tough situation!

Fortunately, USCIS allows a grace period if you remain within the US and haven't left during that time. As others have all said, it's important to file promptly if you can manage it and doing as thorough a job as possible will be certainly beneficial to you.

You definitely should not leave the country until you have AP (advance parole/I-131) in hand for any reason. The consequences are already noted above but it's very important to understand that you're basically shooting yourself in the foot for leaving. Stay put.

[Peter 0]

File tommorow!

[senyorita80 1]

I know this is a 2 yr old post. BUT I'd like to UPDATE you guys that even if we filed AOS a year later... THERE WAS NO PROBLEM AT ALL.

...or maybe we just got lucky...... because I received my green card THREE months after filing it. We din't even have an interview.

Hope this info will help others who's worried about filing late.

[dave&evan 0]

I happen to stumble to this post, thanks for updating. I just sent off my AOS yesterday, and tomorrow will be my first year of being here. Glad I found your post, this give me less worries. Thanks and congrats! 3 months is amazingly fast!!

[senyorita80 1]

Yes! I mean of course anything could happen but don't stress yourself I did lol but it was such a relief! I even thought of getting a lawyer LOL anyway good luck!

I happen to stumble to this post, thanks for updating. I just sent off my AOS yesterday, and tomorrow will be my first year of being here. Glad I found your post, this give me less worries. Thanks and congrats! 3 months is amazingly fast!!