AOS - Time Limit

[Processing 0]

A friend got married a little over 3 months ago and has not yet send her AOS.. They think it may take about a month or so in order to send it out [financial reasons] ..

What is the time frame they have in order to sent the petition for AOS without any problems or future consequences?

[Bernie C 24]

We are about three weeks past the I-94 and are planning on sending AOS within the next few weeks. We had a delay to get vaccinations complete becuase she only had the single one required before POE. Going to the Civil Surgeon next week and sending AOS right after.

It is advised to do as soon as possible. There are alot of threads here on this topic and this one will likely get the same "arguements started.

Just do it as soon as possible!

[moroccogirlny 100]

Not too sure on a time limit however after the I-94 expires(90 days from entry) the person is out of status. So the sooner the better.

[Processing 0]

Quote: Not too sure on a time limit however after the I-94 expires(90 days from entry) the person is out of status. So the sooner the better.

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The I-94 typically expires 90 days or so from your POE..

The K-1 holder has 90 days from the day of entry to comply with the requirement of getting marry.. then is then AOS.. right????

Edited May 7, 2010 by Processing

[VanessaTony 3,567]

A friend got married a little over 3 months ago and has not yet send her AOS.. They think it may take about a month or so in order to send it out [financial reasons] ..

What is the time frame they have in order to sent the petition for AOS without any problems or future consequences?

Well. There is technically no "apply by" date for AOS BUT there are some issues that could arise.

When the immigrant arrived she would have had her I-94 stapled to her passport and a stamp put there giving her 90 days to get married to her petitioner or leave the country.

The date on the I-94 is the important date once you enter the US, the expiry date on the visa doesn't matter because the visa "died" when she entered. Once the I-94 date has passed, the immigrant is "out of status", regardless of whether they are married or not.

Marrying in the 90 days gives the immigrant the ability to file AOS based on the K1 visa (for a measly $1010). If she married outside the 90 days she no longer is able to apply for AOS via the K1, and will also need to file an I-130 WITH the AOS (for a cost of $1365). In all cases she must marry her petitioner.

So, from the date the I-94 expires, to the date the AOS is filed for, the immigrant is out of status. Technically she can be detained by ICE (immigration and custom enforcement) but they will most likely just tell her to file for AOS. Sometimes this could mean she is detained in an immigration jail, and then she will need to go before an immigration judge. There are fees associated with it and it's over the $1010 AOS fee.

If she fails to file for AOS before 180 days have passed from her I-94 date and if she leaves the US before having a greencard, she will be banned from returning for 3 years. If over 365 days pass from I-94 she is banned for 10 years. Bearing in mind this could be her being sent from the country (in case the judge decides you waited to long or something... though this is something I've never read, it COULD happen) or her leaving voluntarily. She she NOT file for AP if more than 180 days have passed because in the event they approve it (which they shouldn't but sometimes they miss it) she will not be able to use it and the ban will be started as soon as she leaves.

Long story short - she should file AOS asap. Keep away from US borders, and stay off public transport (like buses etc) and don't travel to Arizona.

Edited May 7, 2010 by Vanessa&Tony

[moroccogirlny 100]

Quote: Not too sure on a time limit however after the I-94 expires(90 days from entry) the person is out of status. So the sooner the better.

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The I-94 typically expires 90 days or so from your POE..

The K-1 holder has 90 days from the day of entry to comply with the requirement of getting marry.. then is then AOS.. right????

Yes the I-94 starts the day you enter the USA then expires 90 days from then. As a K1 visa requires marriage within the 90 day period. Filing AOS is recommended before the I-94 expires but you must be married first. Many people have filed for AOS after the 90 day period is over due to financial reasons.

[Processing 0]

Ok, thank you for the feedback.. i was in line with most of the answers..

TGF !!!

[cptrosco 0]

As I have been informed by the USCIS themselves there is no time date in which you have to file AOS. When you enter, you enter on a K1 Visa, You have fulfilled the requirements for that visa. If you have not filed and your I-94 date has passed, you are NOT here illegally you are just in limbo as they called it.

[SuperDuper! 230]

A friend got married a little over 3 months ago and has not yet send her AOS.. They think it may take about a month or so in order to send it out [financial reasons] ..

What is the time frame they have in order to sent the petition for AOS without any problems or future consequences?

So the petitioner did not have the money set aside ahead of time, before the beneficiary landed in the US?

Did he think the $1010.00 would magically appear, and "just wing it to get her over here, ASAP?"

Now she risks falling out of status.

Bottom Line: Unless the petitioner has about $7-10K in cash in the bank on arrival day, he is not ready to bring her here.

Love blinds us to many cold realities. And love won't pay the rent (or AOS fees).

[alex and astrid 38]

So the petitioner did not have the money set aside ahead of time, before the beneficiary landed in the US?

Did he think the $1010.00 would magically appear, and "just wing it to get her over here, ASAP?"

Now she risks falling out of status.

Bottom Line: Unless the petitioner has about $7-10K in cash in the bank on arrival day, he is not ready to bring her here.

Love blinds us to many cold realities. And love won't pay the rent (or AOS fees).

That is not realistic at all. Sure, it is a very, very good idea to have money saved up and put away ready for AOS. But life happens. People lose jobs, cars die, unexpected expenses crop up. I really hate when people act like the world is going to end as soon as the 90 days are up and AOS isn't filed. Yeah, it's not the ideal situation, but as long as you aren't careless or take unneeded risk, you will be ok. It's comments like your that make people who have been unable to immediately file AOS feel even worse than they already do.

To say that a couple should not be brought together unless they have $10,000 in the bank is not feasible for a lot of people. It sure wasn't for my husband, who is 23, works full time and is a Masters student, full time. We are doing just fine without a close to a THIRD of his annual income stashed away. It's cool if it works for you.....but it's not cool when people start getting preachy because others don't follow what they have done in their own life.

[Nwanyioma 16]

That is not realistic at all. Sure, it is a very, very good idea to have money saved up and put away ready for AOS. But life happens. People lose jobs, cars die, unexpected expenses crop up. I really hate when people act like the world is going to end as soon as the 90 days are up and AOS isn't filed. Yeah, it's not the ideal situation, but as long as you aren't careless or take unneeded risk, you will be ok. It's comments like your that make people who have been unable to immediately file AOS feel even worse than they already do.

To say that a couple should not be brought together unless they have $10,000 in the bank is not feasible for a lot of people. It sure wasn't for my husband, who is 23, works full time and is a Masters student, full time. We are doing just fine without a close to a THIRD of his annual income stashed away. It's cool if it works for you.....but it's not cool when people start getting preachy because others don't follow what they have done in their own life.

I strongly agree. Stuff happens

[thongd4me 69]

Ok, thank you for the feedback.. i was in line with most of the answers..

TGF !!!

We can't follow your timeline for this question but what was the POE date & marriage date of your friend?

Ok, thank you for the feedback.. i was in line with most of the answers..

TGF !!!

Please unless you only logged in in your friend's interest.

Thanks

[cptrosco 0]

So the petitioner did not have the money set aside ahead of time, before the beneficiary landed in the US?

Did he think the $1010.00 would magically appear, and "just wing it to get her over here, ASAP?"

Now she risks falling out of status.

Bottom Line: Unless the petitioner has about $7-10K in cash in the bank on arrival day, he is not ready to bring her here.

Love blinds us to many cold realities. And love won't pay the rent (or AOS fees).

What UTTER rubbish, My wife is the US sponsor, when i came over, i came over with $2000, IT IS NOT the role of the US person to pay for everything anyway, your a couple, you should be doing things together. Yes, in an ideal world, $10k in the bank would be nice, but that statement to totally unrealistic.

Bottom Line: Unless the petitioner has about $7-10K in cash in the bank on arrival day, he is not ready to bring her here

So the fact that my wife (the sponsor) was spending the money she earned on baby clothes, food, diapers, toys etc, I shouldn't be allowed to come here because she hasnt saved all that money, she is spending it on OUR 4 month old daughter?

Edited May 8, 2010 by cptrosco

[John and Camie 39]

So the petitioner did not have the money set aside ahead of time, before the beneficiary landed in the US?

Did he think the $1010.00 would magically appear, and "just wing it to get her over here, ASAP?"

Now she risks falling out of status.

Bottom Line: Unless the petitioner has about $7-10K in cash in the bank on arrival day, he is not ready to bring her here.

Love blinds us to many cold realities. And love won't pay the rent (or AOS fees).

Get over yourself.

Processing, just file as soon as you can, and fly as low as you can under the radar until you do. My husband and I were careful as hell while he was out of status (I lost my job shortly after our NOA-2 for K-1, it happens), right down to keeping the tags current on my car. We married in July and filed in February because I had to suffer the "cold realities" of paying the bills and rent with my savings and unemployment. We've been blessed to have had a good AOS experience so far, no RFEs or etc., and our interview is next week.

So no worries. Just make it a priority to get it done, and you'll be alright. And I hope your financial situation improves.

Edited May 10, 2010 by John and Camie