Do we really have to file for AOS within 90 days of entry?

[galenjr 1]

This is a question related to the original question. Do I have to file the AOS for my fiancee's children the same time I file for her (after we are married)? They will arrive at the POE at the same time as their mother. Thanks.

[pgbeau1 2]

Ok, along these same lines, my fiancee is bringing one child, so that means I have to file the AOS for the child also at the same cost of $1010?? Is it ok to do the fiancee's first, because she is the one who needs to get green card and EAD to work etc., and then do the child's AOS a few months later, so I don't have to pay $2020 all at once?

Sometimes it is not even possible to apply within the 90 days of the I-94 validity. Consider this situation - you enter on the K-1, plan a big wedding that takes time and get married on the last day or 2nd last day of the I-94's validity - a Saturday. You require the state registered marriage certificate to include in with the AOS application, so even if you had everything else ready to file you would not be able to get a state registered marriage certificate before the 90 days expired. So, as long as you have satisfied the requirements of the K-1 - getting married within 90 days - you do not need to file for the AOS within the same 90 days. It is in your best interest to do so, but is not always feasible.

The fee is a sizable amount and sometimes other immediate expenses make it seem a better plan to apply a few weeks or months later, so if this is your situation, you should be fine. Just realize that when the I-94 expires so does your legal status in the US. It 'shouldn't' cause you problems, (although it might) but you will want to remedy that situation as soon as you can so it is best if you make it a high priority and don't keep shuffling it back as other 'priorities' raise their heads. . As well, if you do have an emergency - a death in the family back in the UK - you will not be able to leave the US until you have either your Advance Parole document or your green card. This can become another unexpected emergency that changes your priorities as well.

Good luck.

[JimVaPhuong 4,863]

No, you don't have to submit the child's AOS at the same time as the parent's. You can submit it after, but you may not submit it before if the child's visa is a derivative of the parent's visa.

Depending on the age of the child, there may be a substantial cost advantage to submitting the child's AOS at the same time as the parent's. AOS for a child under 14 is $600 if filed concurrently with the parent's. It's $930 if filed after. A child 14 or over is $1010 regardless of when the application is submitted.

[Apu 0]

My understanding is that once you are past your 90 day stamp, you do not have permission to stay as you permit has expired.

You are better off filing your paperwork on time along with Fee waiwer application.

I am not sure what the current requirements are, but when I had filed for my Fiancee a couple of years back, I was required to provide afidavit of support paperwork to establish that I will be able to support her.

I know that the fees have sky-rocketed, but you may want to keep that in mind so that it does not back fire on you.

Simple rule for any INS paperwork: Apply before the deadline and always stay current on visa. It gets difficult in future otherwise.

[pgbeau1 2]

Ok, thank you very much, JimVa. My fiancee's child is 5 years old, so it will be $600 based on your info, and I guess I will do my best to have the money to file mother and child AOS at the same time then. Thanks for the precise and quick response.

Paul (pgbeau1)

No, you don't have to submit the child's AOS at the same time as the parent's. You can submit it after, but you may not submit it before if the child's visa is a derivative of the parent's visa.

Depending on the age of the child, there may be a substantial cost advantage to submitting the child's AOS at the same time as the parent's. AOS for a child under 14 is $600 if filed concurrently with the parent's. It's $930 if filed after. A child 14 or over is $1010 regardless of when the application is submitted.

[Angel and Gendy 1]

Good question and very informative responses!

We are in the same boat, no money....

[sachinky 464]

This is my $.02 on the subject. I'm sure I'll get flamed again for being 'self-righteous and judgemental' but whatthehell.

While life and stuff happens, it should be an absolutely priority to file for AOS and keep that $1010 separately. I also don't understand people who will go through the entire K-1 process, get married, act like it's a great achievement and then realize that they don't have the $ to file for AOS.

If you're going for a K-1, you NEED to factor in the cost of the AOS right at the start. It should be kept away and not touched for any other purpose. It is not optional.

I don't understand how someone could allow their loved ones to fall "out of status" and start accruing potential illegal presence in the U.S. I certainly wouldn't stand for it if my husband ever put my legal status in jeopardy.

Borrow the $ if you need to, file for AOS immediately.

Edited August 5, 2010 by sachinky

[pgbeau1 2]

Maybe someone recently lost their job or other financial crises came up, lots of reasons besides poor planning.

But I will borrow it, from you, thanks.

This is my $.02 on the subject. I'm sure I'll get flamed again for being 'self-righteous and judgemental' but whatthehell.

While life and stuff happens, it should be an absolutely priority to file for AOS and keep that $1010 separately. I also don't understand people who will go through the entire K-1 process, get married, act like it's a great achievement and then realize that they don't have the $ to file for AOS.

If you're going for a K-1, you NEED to factor in the cost of the AOS right at the start. It should be kept away and not touched for any other purpose. It is not optional.

I don't understand how someone could allow their loved ones to fall "out of status" and start accruing potential illegal presence in the U.S. I certainly wouldn't stand for it if my husband ever put my legal status in jeopardy.

Borrow the $ if you need to, file for AOS immediately.

[sachinky 464]

Precisely my point.

Maybe you missed the part of my post where I said, 'while life and stuff happens,' -- I do recognize that circumstances can and do change at short notice which is why it is of utmost necessity to plan in accordance and in case of 'rainy days.' That $1010 should be kept separately and not touched for any other purpose.

This has nothing do with the OP--I'm not privy to their personal circumstances but frankly, I see this too many times for it to be a rare ocurrence like a sudden financial/medical emergency. One or two couples having a sudden crisis, I can understand, but there is at least a thread of this nature a few times a week. If you can plan and set aside funds for an visa, plane tickets, wedding, and a honeymoon, you should be able to plan for the upcoming AOS.

Fact of the matter is most people just care about the visa and getting their loved one to the U.S. -- they figure 'we'll deal with the AOS' when the time comes. That is not to say that there aren't plenty of other people who do file for AOS as soon as possible even in cases where the primary USC petitioner is unemployed.

If you're on a tight budget, then the CR-1 visa is the most feasible and practical option for you, in terms of cost and the immigrant being immediately eligible for employment. But most people choose to go via the K-1 route because someone has told them that the 'K-1 is the quickest.'

Again, this is not directed towards this particular OP, but more of a general comment.

Edited August 5, 2010 by sachinky

[VanessaTony 3,567]

Precisely my point.

Maybe you missed the part of my post where I said, 'while life and stuff happens,' -- I do recognize that circumstances can and do change at short notice which is why it is of utmost necessity to plan in accordance and in case of 'rainy days.' That $1010 should be kept separately and not touched for any other purpose.

This has nothing do with the OP--I'm not privy to their personal circumstances but frankly, I see this too many times for it to be a rare ocurrence like a sudden financial/medical emergency. One or two couples having a sudden crisis, I can understand, but there is at least a thread of this nature a few times a week. If you can plan and set aside funds for an visa, plane tickets, wedding, and a honeymoon, you should be able to plan for the upcoming AOS.

Fact of the matter is most people just care about the visa and getting their loved one to the U.S. -- they figure 'we'll deal with the AOS' when the time comes. That is not to say that there aren't plenty of other people who do file for AOS as soon as possible even in cases where the primary USC petitioner is unemployed.

If you're on a tight budget, then the CR-1 visa is the most feasible and practical option for you, in terms of cost and the immigrant being immediately eligible for employment. But most people choose to go via the K-1 route because someone has told them that the 'K-1 is the quickest.'

Again, this is not directed towards this particular OP, but more of a general comment.

This is off topic but.. I WANT to agree with you but I simply don't.

My husband and I had the money set aside. More than we needed actually, much more but unfortunately you know what? Life happened. People moved out leaving us with the entire rent, accommodation issues forced extra flights, rude family members not RSVP'ing but rocking up to the wedding blew our costs out among other things. Yes AOS matters, and I'd've preferred not to "fall out of status" but I can't just NOT pay rent, not pay car fees, not go to my wedding and not pay bills just for AOS. Not filing on time doesn't mean i can't apply. If it did I'd be in a lot of ###### so I'm lucky in that regard but paying bills was more important at that time and AOS had the ability to wait.

YES there are too many people that don't even KNOW about the next step and don't have the money saved. There are some who prefer a holiday to filing AOS immediately, but not EVERYONE is like that and i personally feel you should stop judging people because you DON'T know their personal situation. Do I recommend not filing before the I-94 expires? No, but you can still get detained by ICE when you've filed AOS and have the NOA1, just like not filing and in both cases the result is the same... immigration court, immigration judge, file AOS or wait for AOS. Not everyone has family and friends able to loan them the money, not everyone has the credit history to get a loan, not everyone has the luxury of not paying bills and having no repercussions.

Oh and p.s. here I sit with greencard in hand. No RFE's and no interview and I filed in April when my I-94 expired Dec 11th.

p.p.s. What you're essentially saying is unless you've got lots of money, or have a rich family, or a well paying job you shouldn't be with your loved one. Not everyone WANTS to spend years apart so they can sufficiently plan for what life throws at them... for some people its a REALLY long time.

Edited August 5, 2010 by Vanessa&Tony

[sachinky 464]

Firstly, I was not judging or condemning anyone. It's your (their) life and if one is an adult one should be capable of handling the consequences of one's actions. As I said, I'm not privy to everyone single couple's private circumstances. I was merely making a general comment based on my observations here on VJ, where there are posts of this nature quite frequently. I never said 'EVERYONE is like that'--perhaps you missed the part where I said 'That is not to say that there aren't plenty of other people who do file for AOS as soon as possible even in cases where the primary USC petitioner is unemployed.'

Iit's not always a medical emergency or something drastic like loss of employment. As you said, filing AOS wasn't a priority for you when 'life happened.' The things you mentioned were inconvenient, for sure, but none of those sound like serious catastrophes. Life happened. People moved out leaving us with the entire rent, accommodation issues forced extra flights, rude family members not RSVP'ing but rocking up to the wedding blew our costs out among other things. Yes AOS matters, and I'd've preferred not to "fall out of status" but I can't just NOT pay rent, not pay car fees, not go to my wedding and not pay bills just for AOS. Not filing on time doesn't mean i can't apply. If it did I'd be in a lot of ###### so I'm lucky in that regard but paying bills was more important at that time and AOS had the ability to wait.

What you're essentially saying is unless you've got lots of money, or have a rich family, or a well paying job you shouldn't be with your loved one.

No, what I'm saying that one needs to realize that marrying an immigrant and bringing them over to the U.S. is NOT the same as marrying someone you met in a downtown bar. Whether it's fair or not, there are a lot more responsibilities involved and the financial aspect of this journey is a vital part, one which most couples seem to overlook or not take as seriously. (I sometimes wonder if the USC petitioner even read the I-864 when they come asking 'we're getting divorced--am I still responsible for my wife/husband?')

For example, as soon as we were aware of the I-864 (even before we got married, when we were researching the different visa options), we started looking for potential joint sponsors. We were just about to graduate from college and I didn't know how soon it would be before my husband got a 'real job.' We were not going to get married, and then be potentially be separated for a long period of time because we couldn't be eligible for the I-864. I found one joint sponsor and kept another one as a back-up. When my original joint sponsor started to get cold feet close to the interview, (he flat-out refused to mail me his taxes/W2) I just had the backup sponsor mail me his documents. Sure, I was lucky to have helpful family members willing to help us out but honestly, at the end of the day, to me, it's about covering one's bases. ALL of them.

Edited August 6, 2010 by sachinky

[JimVaPhuong 4,863]

Precisely my point.

Maybe you missed the part of my post where I said, 'while life and stuff happens,' -- I do recognize that circumstances can and do change at short notice which is why it is of utmost necessity to plan in accordance and in case of 'rainy days.' That $1010 should be kept separately and not touched for any other purpose.

This has nothing do with the OP--I'm not privy to their personal circumstances but frankly, I see this too many times for it to be a rare ocurrence like a sudden financial/medical emergency. One or two couples having a sudden crisis, I can understand, but there is at least a thread of this nature a few times a week. If you can plan and set aside funds for an visa, plane tickets, wedding, and a honeymoon, you should be able to plan for the upcoming AOS.

Fact of the matter is most people just care about the visa and getting their loved one to the U.S. -- they figure 'we'll deal with the AOS' when the time comes. That is not to say that there aren't plenty of other people who do file for AOS as soon as possible even in cases where the primary USC petitioner is unemployed.

If you're on a tight budget, then the CR-1 visa is the most feasible and practical option for you, in terms of cost and the immigrant being immediately eligible for employment. But most people choose to go via the K-1 route because someone has told them that the 'K-1 is the quickest.'

Again, this is not directed towards this particular OP, but more of a general comment.

It's a matter of prioritizing based on reasonable and rational thinking. If the immigration law said "You will file the AOS application before the I-94 expires or your new spouse will be on the next plane back to Timbuktu." then people would make damn sure they filed it on time, even if it meant skipping the rent or a mortgage payment. They would also postpone submitting the petition as long necessary to make sure they had enough money to cover the expenses before the "deadline".

But the law doesn't say that. In fact, it doesn't say anything like that. It specifically says that the requirement the applicant maintain their non-immigrant status does not apply to the immediate relative of a US citizen. There is no "deadline". There is nothing in the immigration law that says you must, or even should submit the AOS before the I-94 expires, or remotely implies that the situation is nearly as urgent as you make it out to be. In reality, the risks are quite minimal.

[sachinky 464]

I agree with everything you said, Jim, and I'm aware that there is no deadline, and as such, there is no risk. But there is still a slight chance, however minimal it may be and I'm not sure, I'd like to be in a position where my legal status in this country could very well be 'iffy.'

What I refering to is this mentality that you mentioned. If the immigration law said "You will file the AOS application before the I-94 expires or your new spouse will be on the next plane back to Timbuktu." then people would make damn sure they filed it on time, even if it meant skipping the rent or a mortgage payment. You're absolutely right. But it doesn't, so people don't prioritize it. And that's something I don't understand. To me, the K1 (and the ertswhile K-3) go together. If you plan for one, you need to plan for the other.

If money is tight, doesn't it make sense for the immigrant to start working right away? That could be accomplished by filing the AOS right away.

Sure, one could very well delay the AOS filing for a month or two after the I-94 has expired, and I'm sure it's not that big a deal. It could be because of paperwork delays or financial stress. My posts were aimed more at those who sometimes wait a year or two before they file, just to clarify.

Any way, at the end of the day it's up to each couple and I'm sure they'll make a decision that's best for them.

Edited August 6, 2010 by sachinky

[Kevin&Jessica 3]

My understanding is that once you are past your 90 day stamp, you do not have permission to stay as you permit has expired.

You are better off filing your paperwork on time along with Fee waiwer application.

I am not sure what the current requirements are, but when I had filed for my Fiancee a couple of years back, I was required to provide afidavit of support paperwork to establish that I will be able to support her.

I know that the fees have sky-rocketed, but you may want to keep that in mind so that it does not back fire on you.

Simple rule for any INS paperwork: Apply before the deadline and always stay current on visa. It gets difficult in future otherwise.

not quiet true since i was a 5yr overstay on a i-94 when i applied and was approved in 2010 however i do agree waiting is not good esp if u r doing this without a lawyer once u hit overstay u need a lawyer

[VanessaTony 3,567]

For example, as soon as we were aware of the I-864 (even before we got married, when we were researching the different visa options), we started looking for potential joint sponsors. We were just about to graduate from college and I didn't know how soon it would be before my husband got a 'real job.' We were not going to get married, and then be potentially be separated for a long period of time because we couldn't be eligible for the I-864. I found one joint sponsor and kept another one as a back-up. When my original joint sponsor started to get cold feet close to the interview, (he flat-out refused to mail me his taxes/W2) I just had the backup sponsor mail me his documents. Sure, I was lucky to have helpful family members willing to help us out but honestly, at the end of the day, to me, it's about covering one's bases. ALL of them.

You think people should save for AOS before immigrating, someone else could think you should have waited until you could support yourselves before involving family and friends in your immigration needs. Some people would never imagine (myself and my husband included) asking my family members to co-sponsor my immigration. That's why my husband went out and got a job to meet the requirements BEFORE filing.

And like I said, we had the money saved, just ###### happened (obviously more than I outlined but I won't bother writing my dossier here) and we had to wait. But it all worked out in the end and we're together and that's all that matters ultimately.

**Edit - I should mention I don't judge anyone for needing a co-sponsor, some people are unable to work and some jobs pay ####### and other sorts of things. I'm just pointing out what is okay for some people, isn't okay for others.

Edited August 6, 2010 by Vanessa&Tony