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

[JimVaPhuong 4,863]

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.

Like anything you budget for, it's a personal decision that you weigh against the risk. I don't think there's any question that it's the single most expensive step in the process, so considering that...

If you really wanted to be #######, you could say that you absolutely must have the money set aside before you even begin the process. Ok, so how long will it take to save up the money in advance? One month? Two months? Six months? More?

Looking from the other end of the process, how long do you think it will take to save up the money if you wait until your fiancee arrives in the US? Is it the same length of time it would be if saved up before? Do you have a reasonable expectation that your income will improve, or your financial situation will improve?

What are the risks if you are not prepared to file before the I-94 expires, or even within a reasonable amount of time after the I-94 expires? Is it worth taking those risks in order to be with your SO that much sooner?

Your last sentence summed up the situation well. At the end of the day, each couple will have to decide what's best for them. The most important thing is that they understand what the risks are, and that they take that into consideration when making their decision.

Like Vanessa&Tony, I also postponed the filing for couple of months after the I-94 expired. I had three full AOS fees to pay for. I could have come up with the money the month after we were married, but I weighed the positives against the negatives. In the worst case, I would have had to postpone some very important expenses, like property taxes and insurance policies, which I obviously was not willing to do. A less severe option would have been to close my home-based business (which is not my primary source of income) for a few months, but that would have meant the loss of that source of additional income for a while. Had my family immigrated a couple of months earlier, when I initially expected, then I wouldn't have been faced with those decisions. But, we ended up traveling to the US two days before Christmas, which cost substantially more than I had budgeted for. My backup plan was to use my tax refund to pay for the AOS fees, which I usually get in February. However, because I filed a joint return with my new wife, and she didn't have a prior year's AGI or PIN, I could not file electronically - I had to file a paper return. This added 8 weeks to the time before I could get my tax refund check.

So, in my case, it was a combination of factors. First, I made a conscious decision to postpone budgeting the AOS fees because I had a reasonable expectation that I would be able to afford it when the time came. Second, sh*t happens, and my family came to the US at a time when my annual expenses are at their highest.

[RUSSandRACHEL 3]

I think everyone needs to relax. This thread wasn't meant to transform into a big debate. It was a simple question about where I stood legally. And thank you to everyone for answering this for me. Its no ones business to pry into our financial information but we did have a 'proper' wedding and obviously my husband is having to pay for all of the bills and rent himself - despite contributing heavily myself when I was earning back home in the UK... But, we did save alot towards immigration in general. If we didn't, we wouldnt be where we are now. But when you have to decide whether you want to be together now and just find a way to get around the fees or just sit tight forever and save whilst being apart, I know which I'd choose all over again. Somethings are just worth it and not everything in life is scripted - you have to make the decsions as they come up. And actually we do have the money now, but if we're not doing anything wrong, why not wait to be able to be less stressed about the timing? We have other priorities in our lives that we can use the money for right now

Edited August 6, 2010 by RUSSandRACHEL