Adjustment of Status

[joe2000 0]

After the long process of getting my sweetie over here from the Philippines, and getting married, we are out of money presently and wondering how long we have before we must file for adjustment of status for K1 and come up with another $1010? She arrived on May 25th, and we married on June 3rd. The guidelines here say file as soon as possible, but no time frame. Sure, we'd like to file right now, but it's going to take a while to come up with another $1,000 after all the expenses of getting her here. I'm sure others have experienced this also. Any advice?

[TBoneTX 45,498]

This is a VERY common question, with many threads about it. There's no official time frame, but it's best to file for AOS (along with EAD & AP, which are included in the filing fee if included with the AOS package) before the I-94 expires, or as soon as possible thereafter. After the I-94 expires, the immigrant is "out of status." When AOS is filed for but before its approval, the immigrant's status is "applicant for adjustment" or simply "adjustment applicant."

If AOS is not filed for and the I-94 expires, do NOT venture anywhere within a 100-mile radius of either U.S. border, especially with Mexico, or anywhere else where Federal agents may lurk. CBP/ICE agents have NO sense of humor about such situations, and the out-of-status immigrant risks anything from a stern lecture to detention.

When AOS has been applied for, but before the NOA1 (acknowledgment of receipt) is in hand, keep with you at all times a photocopy of the cover letter (and, ideally, the payment check) of your application for AOS. This may serve to mollify CBP/ICE.

And, because your question may draw cavalier replies of "Oh, you have nothing to worry about -- my experience was..." or "I know someone who...", remember in this situation and all others that the Federal government has unlimited time and resources to make your life miserable. I'm sympathetic to an extent with people who face finite financial resources, but -- unforeseen crises or emergencies aside -- the fee for filing AOS should be budgeted for and squirreled away in an otherwise-untouchable account beforehand, as part of the overall immigration process and the expenses therefor. Playing Russian roulette with an immigrant's status after such a heavy investment thus far is reckless or even foolhardy, and people live to regret it.

Down off soapbox.

Edited June 6, 2010 by TBoneTX

[Audy_Rob 26]

I remembered a very recent and very deatiled thread discussing this question. Basically the answer is no time limit, but that is not necessarily the best thing to do.

Please take the time to read the following thread carefully.

http://www.visajourney.com/forums/topic/258810-ok-one-more-fee-question/page__hl__ning%20adjustment%20of%20status

Please read all of it.

Good luck.

[mikeuday19 0]

there is no specific time frame for doing the adjustment of status, and you don't even have to worry about the I-94 as long as you got married before it expires, i believe 6 months after you got married is still safe to file for AOS, good luck!

[TBoneTX 45,498]

i believe 6 months after you got married is still safe to file for AOS

You believe dangerously. OP, this is an example of the cavalier advice that some will offer on VJ.

[SuperDuper! 230]

Wow! I will keep it short. Did you believe the $1010.00USD would magically appear in your checking acct. when she landed here?

Rule of thumb: The man should have $5000.00USD minimum cash in the bank when she arrives in your arms. Otherwise, you are NOT ready to bring her here. Down off soapbox, also.

Otherwise, do what you have to to scrape up the cash and file for AOS, before you have greater problems to deal with. Good luck, and work hard to give your bride the life here she deserves.

[TBoneTX 45,498]

Hopp has nailed it exactly, si man.

[JimVaPhuong 4,863]

The answer, in a nutshell, is that she's eligible to apply for adjustment of status if you married her within 90 days of her entry, she's out of status when the I-94 expires, but she continues to be eligible to adjust status even if the I-94 is expired, as long as you remain married.

You're going to get some lectures about being properly prepared, and that you should have had the money saved up before you petitioned for the K1, and blah blah blah. Ignore it. Sometimes, no matter how well you plan, life just happens. A family member dies and you have to pony up a couple thousand dollars to attend the funeral. The transmission on your car blows out and you have to get it fixed or lose your job. Whatever. Sometimes you have to make a decision based on "worst case scenarios", and spend your savings to fix the situation that has the worse potential consequences. Not everyone has the luxury of having a fat savings account as a contingency for every possible scenario that might happen.

Consider the AOS to be a high priority, and take care of it as soon as you are able. Avoid any situation that might result in any interaction with immigration officials between the time the I-94 expires and you get the AOS petition filed.

[mikeuday19 0]

You believe dangerously. OP, this is an example of the cavalier advice that some will offer on VJ.

okay, so what do you suggest then? i do have a friend whom i have helped with their AOS and they had the same problem, money, they applied for AOS past 6 months after they got married, and they got approved,

and besides, there is no specific time frame...

TBoneTX i will be waiting for your suggestion

Edited June 6, 2010 by mikeuday19

[TBoneTX 45,498]

Consider the AOS to be a high priority, and take care of it as soon as you are able. Avoid any situation that might result in any interaction with immigration officials between the time the I-94 expires and you get the AOS petition filed.

Yes -- and remember that interaction with immigration officials can occur at any time, and not of your choosing.

[TBoneTX 45,498]

they applied for AOS past 6 months after they got married, and they got approved

They played with fire and happened not to get burned. This does NOT make their situation or your advice applicable to or advisable for everyone. Approach the entire immigration process conservatively and with the worst-case possibilities actively in mind.

[TBoneTX 45,498]

They played with fire and happened not to get burned. This does NOT make their situation or your advice applicable to or advisable for everyone. Approach the entire immigration process conservatively and with the worst-case possibilities actively in mind.

Added on here: Please read this thread -- http://www.visajourney.com/forums/topic/178683-k1-status/ -- especially post #9.

[JimVaPhuong 4,863]

Yes -- and remember that interaction with immigration officials can occur at any time, and not of your choosing.

Might be a higher probability in your neck of the woods, but the odds are pretty remote here in the SF bay area. Most of the cities up here are "sanctuary cities". I don't agree with it, but people who share my opinion are a small minority here.

I've lived in the US my entire life, and never had an encounter with immigration officials when I wasn't crossing the border by land, sea, or air. I've lived in border states, but not within 100 miles of the border. I suppose there's a chance they could show up at your house if you had a K1 living there who had not yet adjusted status, but I've never heard of that happening. I've also never heard of a K1 being deported who was eligible to adjust status, but didn't for lack of money. I've heard of them getting jacked around and held in custody, and the spouse having to produce a marriage certificate and getting a stern warning about filing ASAP, but I'd guess that happens in a tiny fraction of the cases of K1's who don't file a timely petition.

I'm not one to say "Don't worry. Everything is fine." By the same token, I don't believe the situation is as dire as some make it out to be. I know a few people who planned everything out in advance and had a solid financial plan, saved every penny they could, and got clobbered with expenses they never expected or had any way to deal with. I know one guy who burned through his AOS money because he had to stay in Vietnam 3 weeks beyond his available vacation time because of hangups at the consulate. I sure wasn't going to chew him out for choosing to fight for the visa, and then not have any available cash for a timely AOS filing.

I just don't want anybody to get scared to death with stories of deportation, and end up making a potentially disastrous financial decision out of fear. The likelihood of anything bad happening as a result of postponing the AOS for a few months is relatively remote for most people. It's a high priority, like I said, and should be done as soon as possible, but don't do anything stupid like robbing a bank to get the cash - it's not THAT urgent.

[TBoneTX 45,498]

The likelihood of anything bad happening as a result of postponing the AOS for a few months is relatively remote for most people. It's a high priority, like I said

Both of these points are true.

[flicker 5]

After the long process of getting my sweetie over here from the Philippines, and getting married, we are out of money presently and wondering how long we have before we must file for adjustment of status for K1 and come up with another $1010? She arrived on May 25th, and we married on June 3rd. The guidelines here say file as soon as possible, but no time frame. Sure, we'd like to file right now, but it's going to take a while to come up with another $1,000 after all the expenses of getting her here. I'm sure others have experienced this also. Any advice?

youre going to get alot of advise but the best thing to do is look at the guidelines here in vj and suck it up for as long as you can and save the money you need to file,the longer you wait the more chance you have of getting denied