What will happen if a K1 visa holder didn't apply for AOS in her first year?

[Gumbolette 58]

Hi folks.

I have a friend and she came to the US last July 2010. They got married last September. Because of financial constraints, she is unable to work on her AOS. She is just very worried that there might be some immigration problems she might encounter if she didn't file an AOS in shortest time she could. Since I was not a K1 visa holder, I don't know what to advice her.

My questions would be:

1. What might be the consequences that she haven't filed AOS after her 1st year of her residency of even after their marriage date?

2. Her husband was in Military and waiting to go back to the service, so is there any way to waived the AOS fee or any sort of way for them to pay the fee at later note?

3. What are the "MUST DOs" now in this situation?

Thank you for all!

Edited June 3, 2011 by Cutie_Patootie

[Ryan H 3,798]

1. What might be the consequences that she haven't filed AOS after her 1st year of her residency of even after their marriage date?

Since the I-94 has long since expired, she technically has overstay. That overstay will be forgiven when the AOS is approved. When she files for AOS, don't bother filing for AP, she needs to wait until she has that green card is in hand before traveling internationally. If she were to leave the US before the AOS process was complete, she would have a ban. CBP wouldn't care about the AP because of the overstay.

2. Her husband was in Military and waiting to go back to the service, so is there any way to waived the AOS fee or any sort of way for them to pay the fee at later note?

Not that I know of.

3. What are the "MUST DOs" now in this situation?

File for AOS as quickly as possible. Note, since the I-94 is expired and if she were to be caught by ICE, she could be detained. However, since she eligible to file for AOS, she would be released and told by a judge to file for AOS right away.

Edited June 3, 2011 by Ryan H

[kevin@anna 7]

the costs of filing k1 and aos,roc all must have been considered beforehand.this is extremely important in todays time.she can wait to file aos but complications can arise later.it is important to pay and file ontime.after she does file for aos then she needs to file for removal of conditions at a cost of 590.00.

[I AM NOT THAT GUY 5,715]

Hi folks.

I have a friend and she came to the US last July 2010. They got married last September. Because of financial constraints, she is unable to work on her AOS. She is just very worried that there might be some immigration problems she might encounter if she didn't file an AOS in shortest time she could. Since I was not a K1 visa holder, I don't know what to advice her.

My questions would be:

1. What might be the consequences that she haven't filed AOS after her 1st year of her residency of even after their marriage date?

2. Her husband was in Military and waiting to go back to the service, so is there any way to waived the AOS fee or any sort of way for them to pay the fee at later note?

3. What are the "MUST DOs" now in this situation?

Thank you for all!

The major issue is that your friend shouldn't travel until after filing for AOS. Technically, she is out of status, however, there is no deadline for filing. She met the requirements of the K-1 if she married within the first 90 days after arriving in the country. Otherwise, she may need to file an I-130 along with the I-485. She may have to do that anyways.

She can check with the Chaplain's Office. They may be able to assist her with the filing fee, or call the USCIS Military Hotline at 1-877-CIS-4MIL (1-877-247-4645)

Edited June 3, 2011 by Some Old Guy

[RVIANE♛ 5]

The major issue is that your friend shouldn't travel until after filing for AOS. Technically, she is out of status, however, there is no deadline for filing. She met the requirements of the K-1 if she married within the first 90 days after arriving in the country. Otherwise, she may need to file an I-130 along with the I-485. She may have to do that anyways.

She can check with the Chaplain's Office. They may be able to assist her with the filing fee, or call the USCIS Military Hotline at 1-877-CIS-4MIL (1-877-247-4645)

if her husband is not in the army YET the army can't do nothing about it

[Gumbolette 58]

Thank you for yall valuable responses.

[damulag 26]

Beg and Borrow the money every month she waits is costing money by not being able to work. Tell her to spend this time learning to drive so she can open up more possibilities for a job.

[gretchen_darren 67]

File the AOS, but ALSO file the waiver of payment. Explain why the paperwork was not sent because of the payment issue. They may also have to file the additional supplemental paperwork of the $1,000 fine payment in addition to the AOS paperwork. Not filing the paperwork in time can cause many, many problems. It is best to file the paperwork and file a waiver of fees if possible during the time frame. The 90 days is not something you want to go beyond, it can cause many, many headaches. I wish her the best, hopefully the military can help out. But they might also expect to hire a lawyer as well eventually. they are outside of the "normal" Hope all goes well,

[Messybrownhair 251]

File the AOS, but ALSO file the waiver of payment. Explain why the paperwork was not sent because of the payment issue. They may also have to file the additional supplemental paperwork of the $1,000 fine payment in addition to the AOS paperwork. Not filing the paperwork in time can cause many, many problems. It is best to file the paperwork and file a waiver of fees if possible during the time frame. The 90 days is not something you want to go beyond, it can cause many, many headaches. I wish her the best, hopefully the military can help out. But they might also expect to hire a lawyer as well eventually. they are outside of the "normal" Hope all goes well,

Just a thought, but I'm not sure if the waiver works for those who file AOS from a K1 visa because we have the I-134 Affidavit of Support and its already a given when you apply for k1 that AOS is next so its not like the cost comes as a shock to you. I could be wrong though. From what I know, most fee waivers are hardly granted anyway. My advice would be to borrow money from someone if you must but file ASAP. It's not fun to be in limbo and if they are in a financial hardship, she would actually be more useful with an EAD or GC because she can work and help contribute with expenses. Goodluck to them!

[Messybrownhair 251]

Well I was wrong. Technically they CAN try and file the fee waiver but chances are it will be denied, sent back to them and it will cause even more delays. Based on my searches here in VJ, many have tried and failed this route. So bottom line again.. borrow money and all will be well. It won't matter that they filed late, they will still be approved as long as they follow the VJ guides and file correctly. I don't think they'll need a lawyer, many couples do not file within 90 days.

Edited June 6, 2011 by Messybrownhair

[Krikit 1,163]

Moving from Philippines Regional Forum to AOS Process.

[Harpa Timsah 13,258]

File the AOS, but ALSO file the waiver of payment. Explain why the paperwork was not sent because of the payment issue. They may also have to file the additional supplemental paperwork of the $1,000 fine payment in addition to the AOS paperwork. Not filing the paperwork in time can cause many, many problems. It is best to file the paperwork and file a waiver of fees if possible during the time frame. The 90 days is not something you want to go beyond, it can cause many, many headaches. I wish her the best, hopefully the military can help out. But they might also expect to hire a lawyer as well eventually. they are outside of the "normal" Hope all goes well,

This is incorrect. There is no deadline for filing AOS after K-1. It is in most people's best interest to apply sooner and avoid out-of-status days, but there is NO penalty for filing late. There is no $1000 fine. A waiver won't be approved because the petitioner is required to submit a legally binding I-864 affidavit of support and generally asking for a fee waiver while proving your spouse won't become a public charge doesn't mix. Not filing the paperwork causes no problems except the foreign spouse cannot work or travel, and we advise that after two years of not filing, people also submit a I-130 with their AOS to make sure they get their 10-years GC.

OP - Tell your friend to file ASAP. I would also advise borrowing money; once the foreign spouse can legally work, then the money could be paid back quickly.

[JimVaPhuong 4,863]

Well I was wrong. Technically they CAN try and file the fee waiver but chances are it will be denied, sent back to them and it will cause even more delays. Based on my searches here in VJ, many have tried and failed this route. So bottom line again.. borrow money and all will be well. It won't matter that they filed late, they will still be approved as long as they follow the VJ guides and file correctly. I don't think they'll need a lawyer, many couples do not file within 90 days.

No, they can't ask for a fee waiver. The fee waiver is only available for an I-485 in the following conditions:

1. Application in conjunction with "T" or "U" non-immigrant status.

2. Asylum status.

3. Approved VAWA petitioner.

4. Special immigrant juvenile.

5. Adjustment category that does not require an affidavit of support.

6. Continuous residence in the US since 1972 (the original Reagan amnesty).

The I-912 is the fee waiver request form. This is all explained in the form instructions.

[Messybrownhair 251]

No, they can't ask for a fee waiver. The fee waiver is only available for an I-485 in the following conditions:

1. Application in conjunction with "T" or "U" non-immigrant status.

2. Asylum status.

3. Approved VAWA petitioner.

4. Special immigrant juvenile.

5. Adjustment category that does not require an affidavit of support.

6. Continuous residence in the US since 1972 (the original Reagan amnesty).

The I-912 is the fee waiver request form. This is all explained in the form instructions.

Thanks for clarifying this!

[Gumbolette 58]

thank you friends for giving such a massive information. I already told her about all the posts I have gathered here and they are now going to file her AOS. She just had her medical.

She was a really good friend of mine back in the Philippines so I am helping her now to get her AOS done.

Please bear with me I have some more questions to throw in later note.

I don't know what is the real reason why her husband is having a hard time coming back to military but its totally out of my boundaries to ask why they didn't have enough savings at hand. That's the reason why they don't have internet nor computer at home to research about her AOS.