How long can we wait before applying for AOS

[AG83 0]

hey guys i hav a few questions

my fiance just came here i am wondering how long can we wait before applying for AOS? i want to wait until i get my tax returns for 2009..

how is this process?? is it more difficult than the k1 process?

how much money to send in the initial packet?

thanks

[parker101 1]

The most important thing to do is to get married within 90 days. you can send your AOS paperwok later but remember that you will not be able to work, or travel out of the country. the payment is $1010.00

[Kathryn41 3,205]

Hi,

First of all, congratulations on your fiancee's arrival. The most important thing for you now is that you need to get married within 90 days of his arrival. Once you are married and have proof of the marriage - the official State Issued Marriage certificate - you need to apply to adjust his status from a non-immigrant fiance to a permanent resident. There is no deadline by which you have to apply for the AOS, however, once his 90 days after his arrival have passed he will no longer have legal status in the US. The I-94 document which is stapled into his passport tells you the date those 90 days expire.

While there is no deadline for filing the AOS, ideally you will want to file it before the I-94 expires and your husband is out of status. Every day out of status puts him at risk.

I can appreciate that you want to get your 2009 taxes done and use them with the application. Basically, if he just arrived, his status will be valid until sometime mid-to late March. Get your taxes done as soon as you can. The sooner you get them filed, the sooner IRS will have transcripts available for you to use. If it is a few days after the I-94 expires you should be fine to file a few days later.

Now is a good time to read over the actual I-485 form and the instructions to see exactly what is involved. There is a lot of gathering to gether of documents but there is no real reason you shouldn't be able to do it for yourself. It is a different process than the K-1 but there are many elements the same - gathering evidence, following instructions, paying attention to details. Read over the guides here on VJ as well.

Good luck.

[AG83 0]

Hi,

First of all, congratulations on your fiancee's arrival. The most important thing for you now is that you need to get married within 90 days of his arrival. Once you are married and have proof of the marriage - the official State Issued Marriage certificate - you need to apply to adjust his status from a non-immigrant fiance to a permanent resident. There is no deadline by which you have to apply for the AOS, however, once his 90 days after his arrival have passed he will no longer have legal status in the US. The I-94 document which is stapled into his passport tells you the date those 90 days expire.

While there is no deadline for filing the AOS, ideally you will want to file it before the I-94 expires and your husband is out of status. Every day out of status puts him at risk.

I can appreciate that you want to get your 2009 taxes done and use them with the application. Basically, if he just arrived, his status will be valid until sometime mid-to late March. Get your taxes done as soon as you can. The sooner you get them filed, the sooner IRS will have transcripts available for you to use. If it is a few days after the I-94 expires you should be fine to file a few days later.

Now is a good time to read over the actual I-485 form and the instructions to see exactly what is involved. There is a lot of gathering to gether of documents but there is no real reason you shouldn't be able to do it for yourself. It is a different process than the K-1 but there are many elements the same - gathering evidence, following instructions, paying attention to details. Read over the guides here on VJ as well.

Good luck.

hey thanks so much...

i started working in end of 2008 so i only have tax return for this year so far..will that be okay or do the need 3 years of tax returns?

and the $1010....should it be one check or is it different payments?

Edited December 25, 2009 by AG83

[parker101 1]

The 2009 should be fine you do not need the last 3 anymore. as far as payment you can do one check. since you have started your paperwork early go through them again and see if everything is upto date

[Dakine 26]

Kathryn 41

"Get your taxes done as soon as you can. The sooner you get them filed, the sooner IRS will have transcripts available for you to use

It is a good idea to use transcripts from IRS but they are not required. OP can just fill out their return and use W2s and returns for the submission. It takes a couple months for tax transcripts to become available after you submit your taxes.

It wouldn't be a good idea to wait that long.

Edited December 25, 2009 by Dakine

[Kathryn41 3,205]

the one cheque for $1010 will be fine. If you only started to work in 2008 you should check now to make sure you meet the sponsorship requirement level for the I-864 Affidavit of Support. You need to provide proof that you earn at least 125% of the poverty level for a family of your size (2 adults and however many children). If you don't meet this on your own for the 2009 tax year you will need to get someone who does meet the financial requirements to act as a co-sponsor. I honestly don't remember if you need to file 1 year or 3 years of tax returns. That information will be listed in the instructions and others here who have done their AOS more recently will be able to answer that as well.

Kathryn 41

"Get your taxes done as soon as you can. The sooner you get them filed, the sooner IRS will have transcripts available for you to use

It is a good idea to use transcripts from IRS but they are not required. OP can just fill out their return and use W2s and returns for the submission. It takes a couple months for tax transcripts to become available after you submit your taxes.

It wouldn't be a good idea to wait that long.

Yes, that is true as well. Good suggestion.

[SuperDuper! 230]

So is the NOA1 from filing the I-485 an accepted form of proof that a K1 couple is in process of AOS?

And how about the combination of a marriage certificate plus the expired I-94? Seems that an experienced ICE agent could put 2 + 2 together and see that an immigrant is undergoing AOS? Seems this would lessen the risk of being detained or deported, eh?

Edited December 25, 2009 by Hopp

[AG83 0]

thanks a lot all of you.......i started working in 2008 but at that time i was part time. for the past 7 months i have been working full time and my salary is more than $20,000 yearly....

i am a little confused at this point but i will keep reading up on the info before i file....by that time i should have a better idea

[paothao 0]

With all these great comments, if one filing after 1 yr or 2 yrs of marriage to USC, do anyone has problem obtaining green card or has any issue with USCIS about why waiting for 2 yrs to file AOS application?

I would appreciated any helpful any information. Thank you.

[Bobby+Umit 161]

So is the NOA1 from filing the I-485 an accepted form of proof that a K1 couple is in process of AOS?

And how about the combination of a marriage certificate plus the expired I-94? Seems that an experienced ICE agent could put 2 + 2 together and see that an immigrant is undergoing AOS? Seems this would lessen the risk of being detained or deported, eh?

Yes - the NOA is proof of the AOS.

Unfortunely - they cannot use the marriage certificate/I-94 to show your status. All that proves is that you became married (and perhaps show you married in the 90 days in the case of the K-1)

Only filing for the AOS protects that status. If your I-94 says your out, your out.

There is a post here from a member in Texas that went through a bunch of issues (he just had the marriage cert/i-94) - so it's up to you if you want to risk any problems...

[Old Dominion 26]

. If your I-94 says your out, your out.

That's an overly harsh statement. If the I-94 has expired, you are no longer legally in the U.S. That is not the same thing as saying "you're out." But it's wise to begin the AOS process as soon as possible, and the resulting NOA1 will be evidence that you are here legally.

Waiting too long to file, e.g. a year or so, can lead to complications.

[Elghazi2008 4]

hey guys i hav a few questions

my fiance just came here i am wondering how long can we wait before applying for AOS? i want to wait until i get my tax returns for 2009..

how is this process?? is it more difficult than the k1 process?

how much money to send in the initial packet?

thanks

no, actually about the same difficulty so far...You can wait to file for AOS for as long as it takes to gather all your info...