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iloveNY

what are the disadvantages of filing AOS

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Filed: K-1 Visa Country: Philippines
Timeline

Dear VJ members,

as far as i know, as long as we got married within 90 days after arriving in the US we can file for the AOS anytime... i just wanna know what are the disadvantages of filing AOS if the I-94 and VISA are already expired... what are the documents that we need to support the reason why we didnt file ASAP after marriage? your replies/comments are very much appreciated... Thank u so much :)

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Filed: AOS (apr) Country: Philippines
Timeline

Dear VJ members,

as far as i know, as long as we got married within 90 days after arriving in the US we can file for the AOS anytime... i just wanna know what are the disadvantages of filing AOS if the I-94 and VISA are already expired... what are the documents that we need to support the reason why we didnt file ASAP after marriage? your replies/comments are very much appreciated... Thank u so much :)

no documents needed to support the reasons for the delay...

no disadvantage to the processing side but there are potential "life" disadvantages from not filing (ability to travel & re-enter the US, work, etc..)


YMMV

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Filed: K-1 Visa Country: Vietnam
Timeline

Dear VJ members,

as far as i know, as long as we got married within 90 days after arriving in the US we can file for the AOS anytime... i just wanna know what are the disadvantages of filing AOS if the I-94 and VISA are already expired... what are the documents that we need to support the reason why we didnt file ASAP after marriage? your replies/comments are very much appreciated... Thank u so much :)

The disadvantages are that the K1 will be out of status. They can't work. They may not be able to get a driver's license or enroll in a college or university, depending on the state. Any encounter with an immigration officer could be complicated and time consuming. In many ways, they will be a non-person.

You don't need to provide any documents to support not filing the AOS sooner. The fact that the K1 is out of status when they submit the AOS application is not a relevant factor in adjudicating the AOS application. If they are scheduled for an interview then it's possible the IO might ask why they waited, but I don't think it's common for them to ask, and it's unlikely the answer would have any effect on whether or not their AOS is approved. On the other hand, if the answer is "We're flat broke. My husband lost his job, and we had to borrow the money from his parents." then I could see it being a potential problem. :whistle:

We filed a few months after my wife's I-94 was expired. So did many other VJ members. Nobody asked about it in our case. It was never an issue.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (pnd) Country: Scotland
Timeline

Get your AOS done ASAP. I didn't AOS until 2 years after we got married. I couldn't work, get a drivers license, couldn't leave the US, etc. The only reason I held out so long was that I was going to file about 6-7 months ago but held out so I could and hopefully will get the 10 GC instead of the 2 year GC.

I have now got me work permit, interview for my AOS is the 27th June, got a few jobs lined up and also heading down to the DMV tomorrow to get my South Carolina drivers license.

I feel my life is back on track and not in limbo.

Good luck and get that AOS sent off :thumbs:

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