Will my AOS be denied ?

[Alex&Brittany 1]

well, there is no cautionary tale here unfortunatley, the situation is at it is financially through no fault of our own... as my wife was the only person able to work, she was involved in a major car accident and was rendered unable to work, followed by a series of no support from her employer, followed by now numerous ONGOING legal cases which don't end quickly, not to mention to amount of time it will take my wife to heal... the money we had saved... has helped us keep a roof over our head and food. for those who are thinking it, the car wreck was not her fault.

Im not willing to go into it in any more detail, but we are where we are and I'm trying to find the best solution.

Baron555, we're getting to the point now where we are going to be able to apply for the AoS, if I had to wait an extra month to save for an attorney IF it was the right thing to do, then I would have worked it out somehow.

I guess it goes down to what Sisj said, you never know what situation people are in.

[I & JJ <3 9]

well, there is no cautionary tale here unfortunatley, the situation is at it is financially through no fault of our own... as my wife was the only person able to work, she was involved in a major car accident and was rendered unable to work, followed by a series of no support from her employer, followed by now numerous ONGOING legal cases which don't end quickly, not to mention to amount of time it will take my wife to heal... the money we had saved... has helped us keep a roof over our head and food. for those who are thinking it, the car wreck was not her fault.

Im not willing to go into it in any more detail, but we are where we are and I'm trying to find the best solution.

Baron555, we're getting to the point now where we are going to be able to apply for the AoS, if I had to wait an extra month to save for an attorney IF it was the right thing to do, then I would have worked it out somehow.

I guess it goes down to what Sisj said, you never know what situation people are in.

This is a little bit off topic but here it goes anyway...

You shouldn't even have had to go into detail about your situation if you didn't want to, but I understand why you did (because of other's assumptions that you probably weren't prepared). I totally agree with SisJ, you never know what type of situation people are in, and if they say they have a good excuse as to why they were unable to do something, that should be enough. Hopefully none of these comments made you feel bad. Some people come across as rude and I pray that they aren't doing it intentionally.

I hope you can get your issue resolved soon. Good luck with everything

[VanessaTony 3,567]

well, there is no cautionary tale here unfortunatley, the situation is at it is financially through no fault of our own... as my wife was the only person able to work, she was involved in a major car accident and was rendered unable to work, followed by a series of no support from her employer, followed by now numerous ONGOING legal cases which don't end quickly, not to mention to amount of time it will take my wife to heal... the money we had saved... has helped us keep a roof over our head and food. for those who are thinking it, the car wreck was not her fault.

Im not willing to go into it in any more detail, but we are where we are and I'm trying to find the best solution.

Baron555, we're getting to the point now where we are going to be able to apply for the AoS, if I had to wait an extra month to save for an attorney IF it was the right thing to do, then I would have worked it out somehow.

I guess it goes down to what Sisj said, you never know what situation people are in.

I agree with I & JJ, some people just like to be holier than thou and when they've never been in the sort of situation you've described.

My husband and I also had to wait. I most definitely did not WANT to. We too had the money set aside to do AOS and then life happened. You could have $1mil set aside and STILL something could happen. It's irrational to say "AOS comes first" especially when 1. there's no AOS deadline, and 2, the money had to go towards something to better your life or even save it. Does it make sense to file it asap? Sure! But sometimes it's just not possible.

Don't worry about those that question your motives because they've never "been there". There are those of us out there that completely understand and had to wait too. Just know that it doesn't affect your eligibility if you need to wait. It's just incredibly stressful and restraining to know you can't work, drive, or leave the country without causing all sorts of issues. Soon as you can and you'll feel much better

[w8inglongtime 29]

well, there is no cautionary tale here unfortunatley, the situation is at it is financially through no fault of our own... as my wife was the only person able to work, she was involved in a major car accident and was rendered unable to work, followed by a series of no support from her employer, followed by now numerous ONGOING legal cases which don't end quickly, not to mention to amount of time it will take my wife to heal... the money we had saved... has helped us keep a roof over our head and food. for those who are thinking it, the car wreck was not her fault.

Im not willing to go into it in any more detail, but we are where we are and I'm trying to find the best solution.

Baron555, we're getting to the point now where we are going to be able to apply for the AoS, if I had to wait an extra month to save for an attorney IF it was the right thing to do, then I would have worked it out somehow.

I guess it goes down to what Sisj said, you never know what situation people are in.

You already have enough on your plate so don't let the utterances of a few people bring you down. The k-1 was good for 90 days withing which you were to marry. You fulfilled that obligation so file for AOS when you are ready. You didn't even have to tell us what you're going through. If life is all perfect, this website wouldn't exist because no one will need it. Good luck to you when you decide to file. No pressure.

[SuperDuper! 230]

After 90 days you are out of status and deportable.

For most people that would be enough of a reason.

You can go from there as far as the practical issues of having no status. no DL would be the biggest for most.

+1

Best Truth and Reality Post of The Day! goes to The Boiler.

All tales of "There is not time limit for filing for AOS" don't cut it.

One year max while the Medical Exam results are still valid is the "Common Sense" AOS deadline. Telling people to relax because there is no official deadline is just not helpful.

Having funds on tap and documents prepared for AOS should just be a continuation of the K1 process, and that momentum and urgency to complete the AOS is the preferred and responsible approach.

Folks that tell people to dilly-dally because there is no official AOS deadline are misleading, and costing people hundreds of dollars extra to those who follow such slacking advice.

Instead, Why not tell folks:

Edited January 12, 2011 by Boing!

[missouriviaperu 1]

Hello Anh. Forgive me for using your comment as an example, no offense intended. But I want to use it to make a point.

If I had a nickle for every time I heard someone saying, " there is no requirement that you file for Adjustment of Status within a certain time frame", I would be rich indeed, so I have to call foul on this.

Because, if 5 years go by, and still no AOS filed, I can't imagine that this is OK, and any sane person barely familiar with immigration of a spouse to the US will have to agree. Go ahead, put it 10 years and no AOS. THis still isn't OK.

After one year, the immigrant's medical exam is no longer valid, and then the civil surgeon gets to make a monthly payment on his Lexus, courtesy of ya.

So realistically, there is a time frame: It is called common sense. The common sense time frame is: "As soon as you can file for AOS, then do it." Preferably within the 90 days of the K1 Visa period, in order to protect status.

I'm sorry to say, but if a couple did not plan ahead, and have the AOS fee in the bank and ready to go at the time of POE, then that couple did not think this process thru thoroughly,

I have long said that the man needs to have $10K in the bank on POE day, in order to do things right and not scrimp and scrape for pennies between the seat cushions to pay for his new immigrant wife's expenses.

Instead, wait an additional year to bring wifey here and save up more dollars until you have a comfortable cushion to do things proper.

Am I such a madman from another planet in my thinking here? Be sure to let me know!

OP, best wishes, and no offense to you as well. I just hope you follow Larry The Cable Guy's advice and......"Git R Done!"

I agree with the "get r done" sentiment of your post but is $10K in the bank on POE day entirely necessary?

So the AOS will cost ~$1,100 and of course there are increased living expenses & driving/language classes and the need for a cash cushion....but I think the amount of cash in the bank should more of a personal finance choice depending on the age of the sponsor. The vast majority of my net worth is invested in a Scottrade account and a 401k instead of my bank account. I don't see why one would really NEED to have more than 4-5k in a checking account @ POE.

[JimVaPhuong 4,863]

+1

Best Truth and Reality Post of The Day! goes to The Boiler.

All tales of "There is not time limit for filing for AOS" don't cut it.

One year max while the Medical Exam results are still valid is the "Common Sense" AOS deadline. Telling people to relax because there is no official deadline is just not helpful.

Having funds on tap and documents prepared for AOS should just be a continuation of the K1 process, and that momentum and urgency to complete the AOS is the preferred and responsible approach.

Folks that tell people to dilly-dally because there is no official AOS deadline are misleading, and costing people hundreds of dollars extra to those who follow such slacking advice.

Instead, Why not tell folks:

Good grief! It also does no good to tell people they should panic, or to lecture them about proper planning. Most people DO plan, and things DO happen to affect those plans. Let's say you set aside $1500 bucks to cover the AOS and associated costs, and then the transmission goes out on your car? Hmmm. Fix the transmission and postpone the AOS, or walk to work and file that AOS ASAP?

People come here asking for factual advice and not pompous lecturing. When you have the finances to resolve only one problem then you need facts in order to make an informed decision about which problem is the most urgent and has the most dire consequences if postponed. The fact is that, for the overwhelming majority of people, there are no dire consequences to postponing the AOS until you can comfortably afford it. By all means, plan ahead - it's the prudent thing to do. But don't do something rash if an emergency comes up that is more urgent than paying USCIS. Don't borrow against your credit cards, sell your only car, or skip your mortgage payment in order to come up with the fees. It just is NOT THAT URGENT.

Please come here for honest help with real problems. If they want a lecture I'll be happy them give them my mother's phone number.

[SuperDuper! 230]

Good grief! It also does no good to tell people they should panic, or to lecture them about proper planning. Most people DO plan, and things DO happen to affect those plans. Let's say you set aside $1500 bucks to cover the AOS and associated costs, and then the transmission goes out on your car? Hmmm. Fix the transmission and postpone the AOS, or walk to work and file that AOS ASAP?

People come here asking for factual advice and not pompous lecturing. When you have the finances to resolve only one problem then you need facts in order to make an informed decision about which problem is the most urgent and has the most dire consequences if postponed. The fact is that, for the overwhelming majority of people, there are no dire consequences to postponing the AOS until you can comfortably afford it. By all means, plan ahead - it's the prudent thing to do. But don't do something rash if an emergency comes up that is more urgent than paying USCIS. Don't borrow against your credit cards, sell your only car, or skip your mortgage payment in order to come up with the fees. It just is NOT THAT URGENT.

Please come here for honest help with real problems. If they want a lecture I'll be happy them give them my mother's phone number.

Sorry, Jim, I agree with your prolific copious posts 95% of the time.

But right now, someone is lecturing, and it isn't me.

[Alex&Brittany 1]

thanks for the helpful and supportive posts, i'll ask for this to be closed now as things are gearing past factual and heading towards personal.

To those who have offered their factual support or kind words, thanks for your time