i got a freaking problem

[mexi 0]

wanna make it short. its been a year & 3 months since my I-94 card expired AND we have not filed for AOS. Why? Because my wife got pregnant & I am not the richest man on earth. keeping your feet on the ground to survive really is not easy, esp when a baby is around. We did not have the $ to afford to file. Although... we married within the 90 day. Are we in so much trouble? We are now preparing the papers.... but q is, is it going to be denied? help!

anyone who filed after 194 expiration experiences?

heeeeeeeeeeelp

[maryandatif 0]

wanna make it short. its been a year & 3 months since my I-94 card expired AND we have not filed for AOS. Why? Because my wife got pregnant & I am not the richest man on earth. keeping your feet on the ground to survive really is not easy, esp when a baby is around. We did not have the $ to afford to file. Although... we married within the 90 day. Are we in so much trouble? We are now preparing the papers.... but q is, is it going to be denied? help!

anyone who filed after 194 expiration experiences?

heeeeeeeeeeelp

I think your best bet would be to ask a qualified Immigration attorney....and maybe even use one.

Mary K.

[JenT 0]

Filing within the 90 days protects your legal status as a K1 visa holder. If you are planning to remain in the US, you must file the AOS as soon as possible, and be prepared to explain the delay during the interview.

All you can do is try. This is the next step, so you must file if you are planning to remain here. IMHO, you'll be ok -

Jen

[Yodrak 7]

mexi,

Sure, many people have applied to adjust status after their allowed stay expired - my wife bing one of them - but not many applied as late as you are doing.

Don't know if the application to adjust will be denied or not, but if it is denied it won't be on the grounds that you applied late.

Mary's suggestion to have a consultation with an immigration attorney isn't a bad idea.

Yodrak

wanna make it short. its been a year & 3 months since my I-94 card expired AND we have not filed for AOS. Why? Because my wife got pregnant & I am not the richest man on earth. keeping your feet on the ground to survive really is not easy, esp when a baby is around. We did not have the $ to afford to file. Although... we married within the 90 day. Are we in so much trouble? We are now preparing the papers.... but q is, is it going to be denied? help!

anyone who filed after 194 expiration experiences?

heeeeeeeeeeelp

Edited August 11, 2006 by Yodrak

[Addie_Goodvibes 0]

wanna make it short. its been a year & 3 months since my I-94 card expired AND we have not filed for AOS. Why? Because my wife got pregnant & I am not the richest man on earth. keeping your feet on the ground to survive really is not easy, esp when a baby is around. We did not have the $ to afford to file. Although... we married within the 90 day. Are we in so much trouble? We are now preparing the papers.... but q is, is it going to be denied? help!

anyone who filed after 194 expiration experiences?

heeeeeeeeeeelp

Mexi-

My wife entered the USA on a Visa Waiver program June 04'( 90 days) we got pregnant and she had severe morning sickness, so she could leave before her 90 days expired,

We had planned a wedding in Japan however our soon to be aby had other plans for us, We held off AOS application until we found a place together and were settled with our daughter, having the baby actually gives more stability legitimacy to your case so waiting ended up being good for us.

We were married Oct 04' and di not apply for AOS until June 2006, so almost 2 years since her expired stay!

Fast forward to now! I am Australian American US citizen We filed ourselves in June 2006 ,

the total cost ( see attached for cost breakdown) ws less than $1000.00

We have Not had any RFE's no problems at all. Our interview letter came only 42 days after filing , our interview will be on day 96.

Once the Intending immigrant is married to USC and AOS is filed the Overstay is most often forgiven, I am not sure about the regulations regarding your particular Visa ( thats why legal advice is reccomended) you need to work on establish evidence of your marriage ( proving it is legit) and start preparing the AOS package.

You can save a lot of $$ by doing it yourself, I agree with others that consulting an Attorney is a good idea, but you do not neccesarily need one to file.

Often people are hestitant to file because they are worried of the costs. You can file to have the fees waived!

with a little research you can do it yourself

starting in this forum & here---> Immigration portal

and on USCIS web page

Good luck!

AOS_Filing_costs.doc

Edited August 11, 2006 by Addie_Goodvibes

[mexi 0]

ahh i feel like i wanna cry. Thanks for VJ was created. Everybody esp. Addie_Goodvibes you are so helpful. THANK you for such effort to reply that long and informative. i do appreciate it very much. I wonder in the interview if they ask why so late of filing, to say because we did not have sufficient $, IS proper reason excuse? Does that sound pathetic? We dont wanna lie! That really was the real reason.

Anyhow, anybody else who had similar situation. Sorry for asking and asking. Just need to see that I am not alone and to see what you guys did or maybe to make me feel better.

again thanks in advance ...

[Immigrant 0]

Mexi,

I applied for AOS 3 years after my I-94 expired. Our Interview is at the end of the month and we have not recieved any RFE's or had trouble receiving an EAD.

I am not going to be represented by an attorney but I have done a lot of research into immigration law and how it pertains to my case. Overstaying my visa is not a concern at the interview since it is forgiven when married to a citizen.

My advice is if you are comfortable and have a full understanding of the paperwork and proceedure involved in your case you do not need to use an attorney.

If you feel that mistakes might be made or you don't understand everything that is involved then find a way to get some worthy representation. This thing is too important to screw up.

Best of luck to you!

[Addie_Goodvibes 0]

wanna make it short. its been a year & 3 months since my I-94 card expired AND we have not filed for AOS. Why? Because my wife got pregnant & I am not the richest man on earth. keeping your feet on the ground to survive really is not easy, esp when a baby is around. We did not have the $ to afford to file. Although... we married within the 90 day. Are we in so much trouble? We are now preparing the papers.... but q is, is it going to be denied? help!

anyone who filed after 194 expiration experiences?

heeeeeeeeeeelp

Another less expensive option if you are worried about filing yourself, use a paralegal or Legal Document Assistant, they charge 1/4 what an attornmey would,

we were quoted 2500. + USCIS fees for attorney and A Legal Document Assistant Quoted us $500.00 + Uscis fees. Big difference and Attorneys often use paralegals or LDA's to prepare the actual cases they only act as representative, its the LDA, & Para Legals that prepare and mail the actual Applications.

We still deicded to file oursleves but sometiems its worth having peace of mind for an EXPERIENCED professional to prepare documents for you LDA or paralegal can do it usually for a lot less.Another adavntage to using a LDA is when they mail your AOS application instead of An attorneys office being the address of where USCIS sends all correspondances, All correspondances ( NOA's RFE's ect..) will go Directly to your address, think of how many cases an Immigration office handles you think your paper work received from USCIS is handled immediatly by attorney office, an RFE could sit for a few days before the attorney can or bothers to act on it, But having things go to your home you get them immediatly, can act immidiatly and expidite case, if you need an attorney you can always hire one after filing.

Chew on that for a while..

One important Note PARA-LEGALS & LDA's Can not give legal advice and can not act as a legal Representative!

Good Luck

Edited August 11, 2006 by Addie_Goodvibes

[sjoefl01 1]

I have never read a story here from a person that had a problem with late filing. I think you are worried about nothing.

Don't cry "broke" too loud. Ninety percent of our interview was about money and we were easily over the guidelines.

Lawyers are cool if you have a lot of money. I don't really see why you would need one for this. Just fill the forms and get this thing in the mail.

You will need another medical examination though. Yours has expired.

[Kathryn41 3,205]

You can also save some money by not co-filing for an AP (advance parole) when you file. Your wife should not leave the country until after she is approved for her green card since the overstay is not technically forgiven until after the AOS is approved. Once you file, her status will change from overstay to "AOS applicant". Yes, do explain that the unexpected pregnancy, while joyful to have your daughter, became a financial obstacle that you couldn't overcome to pay for the AOS fees. You should be fine. Good luck.

Edited August 11, 2006 by Kathryn41

[mexi 0]

thank you all very much and yes... we are not filing an AP, we are not getting a lawyer either. We are really on a strict budget. ... She had taken another medical exam so no worries on that.

anyway I'll just mail it asap and see what happens.

[Addie_Goodvibes 0]

thank you all very much and yes... we are not filing an AP, we are not getting a lawyer either. We are really on a strict budget. ... She had taken another medical exam so no worries on that.

anyway I'll just mail it asap and see what happens.

Before sending go here ------>General Tips on Assembling Applications for Mailing

Also for fee waiver info -----------> Fee waiver Guidlines

Fee Waiver info

Also include a cover letter with your application ( see attached for example)

AOS_cover_letter.doc

USCIS__Assembling___Mailing_tips.doc

[rushter 0]

I just filed late... way late... No problems so far. Just don't leave the country until your aos is complete.

2/14/05 Arrived USA

3/08/05 Married.

5/14/05 K1 expired.

5/30/06 AOS and EAD Apps Received by USCIS. (Had tax issues and what not so it took a year before I could file for the AOS).

6/29/06 AOS Touched.

8/03/06 EAD Touched.

8/04/06 AOS Interview Letter Received by Mail.

8/09/06 EAD Approval received in Email.