I-134, duration, liabilities, and sources

[Rebecca Jo 1,962]

Explains both affidavits and the legal theory behind them.

http://www.policyarchive.org/handle/10207/bitstreams/348.pdf

[Darnell 8,478]

Thank You, Ms. Jo - You Rock !

[Harpa Timsah 13,258]

Sorry, stated very fast. The AOS is dropped 90 days prior to 2 year AOS date *(required application during this period). So the longer you wait on the AOS, the longer it takes to drop the status.

I think you have some misconceptions about the process.

[KayDeeCee 4,891]

Sorry, stated very fast. The AOS is dropped 90 days prior to 2 year AOS date *(required application during this period). So the longer you wait on the AOS, the longer it takes to drop the status.

AOS is dropped? Drop the status? Sorry, I am not understanding what you are saying. I think you need to do more research about adjusting status.

There is no deadline to file AOS, but people should do it as soon as they possibly can so they are able to work and be able to re-enter the US if they travel internationally. If they did not acquire their SSN before their I-94 expired, then they would also need to apply for AOS in order to receive their EAD or green card to get the SSN in order to get a job, license, be added onto different types of accounts, etc.

Once the I-94 is expired, they will be out of status and begin to accrue overstay from that day on. Once they file for AOS, the overstay clock is paused as they will enter into a period of authorized stay, and when the AOS is approved, the overstay will no longer matter. If you file for AOS 180 days or more after your I-94 has expired, then you should not bother to apply for AP when you finally file for AOS because you will incur a ban as soon as you leave the US and AP cannot be used to return at that point. You should not leave the country until you have your green card approved and in hand, if you choose to wait that long to file for adjustment of status. Also, it is a small remote chance, but the chance still exists to be detained by ICE if caught in some way being out of status. You would not be deported as you are eligible to file for AOS, but who wants to go through the hassle and hells of being detained in the first place?

If you have waited almost 2 years already, then why go ahead and file 90 days before you hit that mark? If you have waited 2 years, then you could go ahead and file the I-130 along with your AOS paperwork in order to just go ahead and receive a 10 year green card at that point. Then there would be no need to also file for ROC 2 more years down the road.

[thedude6752000 360]

Thank you Jay-Kay!

[KayDeeCee 4,891]

Thank you Jay-Kay!

You are welcome! Hope that section of the Adjudicator's Field Manual will help.