From K-1 to AOS

[Jen&Brendan 0]

My husband and I got married two weeks ago. We were supposed to get married latest by April 11 (90 days after arrival in the US). So we know we will have to start with the complete our AOS now. But we got a couple problems... First our car broke down and we need the car so we had to buy a new one. Than he has a surgery next week with many medical bills! So our savings for the visa are pretty much gone. We could ask our parents but we both don't really wanna do this. Does anyone know is there is a certain time we can wait with starting the AOS?? I'm hope we will have the money back together by latest May. Can we wait that long?

Thank you for helping!

[Dan & Jenni 457]

the only requirement is that you marry within 90 days and while it is better if you apply for AOS as soon as possible after marriage, you are under no legal obligation to do so... it will wait till May.

[Julie&Chris 1]

My husband and I got married two weeks ago. We were supposed to get married latest by April 11 (90 days after arrival in the US). So we know we will have to start with the complete our AOS now. But we got a couple problems... First our car broke down and we need the car so we had to buy a new one. Than he has a surgery next week with many medical bills! So our savings for the visa are pretty much gone. We could ask our parents but we both don't really wanna do this. Does anyone know is there is a certain time we can wait with starting the AOS?? I'm hope we will have the money back together by latest May. Can we wait that long?

Thank you for helping!

Hey there!! I know exactly how you feel...we have a baby on the way and are trying to save up for AOS also and we cannot apply until AT LEAST may. I have been reading around and I don't think there is a certain time limit to applying for AOS...this just means that you will be "out of status" so can't work, drive etc.

I am currently in this position and it is very boring but we have no choice!!

[YuAndDan 153]

Filing a few weeks to a month or so after the 90 days tends to not be an issue.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

If you were to delay more than 6 months beyond the 90 days forget about filing the I-131 for AP doc, it would not prevent the overstay-bar from blocking returning from a trip abroad.

Moving to AOS forum...

[tru_loves_journey 117]

Filing a few weeks to a month or so after the 90 days tends to not be an issue.

http://www.visajourn...sa-aos.html#6.1

If you were to delay more than 6 months beyond the 90 days forget about filing the I-131 for AP doc, it would not prevent the overstay-bar from blocking returning from a trip abroad.

Moving to AOS forum...

Let me make sure I understand this correctly. If you came here on a K1 visa and have been in america for more than 6 months, When your ready to adjust status after 6 months you Do Not file the form I-131? Only forms I-485 & I-765?

[tru_loves_journey 117]

Let me make sure I understand this correctly. If you came here on a K1 visa and have been in america for more than 6 months, When your ready to adjust status after 6 months you Do Not file the form I-131? Only forms I-485 & I-765?

I researched and found we don't file form I-131 since my husband is out of status . Thanks!

[Jen&Brendan 0]

Awesome thank you everybody. So it shouldn't be a problem. We just HAVE TO apply for the AOS within 6 month. We hope we will be able to make it till May! That would be a month after the 90 days have been expired.

[VanessaTony 3,567]

Awesome thank you everybody. So it shouldn't be a problem. We just HAVE TO apply for the AOS within 6 month. We hope we will be able to make it till May! That would be a month after the 90 days have been expired.

You don't "HAVE TO" apply for AOS before 6 months. The 6 months is just that if you were to leave without the GC you would get a 3 year ban, and if it was more than a year of overstay then a 10 year ban. Again this is ONLY if you don't get the greencard.

Unfortunately some people have found themselves in positions where the relationship failed before the AOS was complete (not involving abuse or anything, just didn't work out) and so they left the country. This means those people ended up with bans.

For this reason it is BEST to apply before there is 6 months or more of overstay but there is no REQUIREMENT. AOS will go through normally either way, just the length determines whether you should bother with AP, and whether you need a new medical.

Remember the overstay starts once the I-94 expires.

[Jen&Brendan 0]

You don't "HAVE TO" apply for AOS before 6 months. The 6 months is just that if you were to leave without the GC you would get a 3 year ban, and if it was more than a year of overstay then a 10 year ban. Again this is ONLY if you don't get the greencard.

Unfortunately some people have found themselves in positions where the relationship failed before the AOS was complete (not involving abuse or anything, just didn't work out) and so they left the country. This means those people ended up with bans.

For this reason it is BEST to apply before there is 6 months or more of overstay but there is no REQUIREMENT. AOS will go through normally either way, just the length determines whether you should bother with AP, and whether you need a new medical.

Remember the overstay starts once the I-94 expires.

So do I get this right? I just can get a barn if I have never applied for a AOS and I left the Country for some reason?

But lets say we apply for the AOS within 2 month overstay (hopefully just 1 month) I should be save and I shouldn't get in any trouble right?

Ohhhhhh god this visa stuff is driving me nuts sometimes! I have a frind who got married here too, she applied for her AOS very late and now she is unter investigation... I don't want this to happen to me...

[ceadsearc 515]

The ban only occurs if you leave the country. Even if you wait 2 years to file, You won't get a ban as long as you don't leave before you get your GC. 6+ months put of status means you cannot travel once you file until your GC is received - ie you can't use AP. Once you receive your GC the overstay is irrelevant. Under 6 months out of status you can travel on AP while the GC is pending but I wouldn't take that risk with even a few months overstay as CBP can, at their discretion, not parole you back in.

[VanessaTony 3,567]

So do I get this right? I just can get a ban if I have never applied for a AOS and I left the Country for some reason?

But lets say we apply for the AOS within 2 month overstay (hopefully just 1 month) I should be save and I shouldn't get in any trouble right?

Ohhhhhh god this visa stuff is driving me nuts sometimes! I have a frind who got married here too, she applied for her AOS very late and now she is unter investigation... I don't want this to happen to me...

Yes. If you left the country 6 months or more past your I-94 date without having applied for AOS you will get a ban. AOS is not affected by applying late.

If you apply for AOS BEFORE you have 6 months of overstay technically you should be fine leaving on AP but unless it's an emergency it's safer not to.

AOS honestly isn't affected by waiting, it just affects whether you can use AP to leave the country or if you need to wait for the greencard. If you wait to file more than 2 years you should also file an I-130 to get a 10 year greencard but aside from that it's fine.

Unfortunately your friend may have done or not done something she should have, could be they didn't have enough evidence compared to the length of time they were married (longer time tends to equal more evidence required)... Many people have applied a long time after their I-94 expired. I personally applied around 4 months after expiration of my I-94. I was approved without RFE or interview in less than 3 months.

[Jen&Brendan 0]

Yes. If you left the country 6 months or more past your I-94 date without having applied for AOS you will get a ban. AOS is not affected by applying late.

If you apply for AOS BEFORE you have 6 months of overstay technically you should be fine leaving on AP but unless it's an emergency it's safer not to.

AOS honestly isn't affected by waiting, it just affects whether you can use AP to leave the country or if you need to wait for the greencard. If you wait to file more than 2 years you should also file an I-130 to get a 10 year greencard but aside from that it's fine.

Unfortunately your friend may have done or not done something she should have, could be they didn't have enough evidence compared to the length of time they were married (longer time tends to equal more evidence required)... Many people have applied a long time after their I-94 expired. I personally applied around 4 months after expiration of my I-94. I was approved without RFE or interview in less than 3 months.

Wow you were approved in less than 3 month? WOW! I heard it takes usually about 6 month.

What is AP?

And how long is the Greencard valid that I will get now (with the AOS) I thought it's good forever?

Sorry I'm just getting into all the visa stuff.

[Jen&Brendan 0]

We are not planning to leave the country for the next probably two years. My family will come to see me next year and the year after that we might wanna go to visit them. So unless there will be an emergency I am not very worried about leaving the country.

Just don't wanna get in trouble and have to wait forever for the greencard forever because sitting at home and not being able to work is really boring. I can't wait to get my work permission!

[VanessaTony 3,567]

Wow you were approved in less than 3 month? WOW! I heard it takes usually about 6 month.

What is AP?

And how long is the Greencard valid that I will get now (with the AOS) I thought it's good forever?

Sorry I'm just getting into all the visa stuff.

When I applied it was taking around 3 months. It seems to be a bit longer now.

Your greencard is only going to be valid for 2 years. 90 days before the card expires you MUST file for Removal of Conditions (ROC). The condition being your marriage to your USC spouse. You pay more money and submit more proof of relationship (you can have a look at the ROC thread in my signature to see what you're in for 'cause you should start collecting this stuff ASAP).

AP stands for "Advanced Parole". AP is in case you need to leave the country while your AOS is pending. If you leave WITHOUT AP you cannot re-enter the US without another visa and your AOS process is abandoned (and you just wasted the $1070). It's only useful (like the EAD) until you get your greencard and then it does everything.

[S_R 148]

We are not planning to leave the country for the next probably two years. My family will come to see me next year and the year after that we might wanna go to visit them. So unless there will be an emergency I am not very worried about leaving the country.

Just don't wanna get in trouble and have to wait forever for the greencard forever because sitting at home and not being able to work is really boring. I can't wait to get my work permission!

Vanessa&Tony are one of the very best advisers on Vj. I would just like to add that you may also have to do a FRESH medical examination if you stay too long to apply for AOS... It's not cheap!