AOS after 9 months of arrival with k1 visa, help!

[Bare 0]

Hello everyone. I have a lot of questions and I'm hoping you can give me some ideas and suggestions. Thanks in advance!

I arrived Sept 4 in the US with K1 visa. We never filed any AOS within that time, my husband became disabled, filed for Social Security Disability but haven't got any determination yet. Just yesterday we got a letter saying that he was declined and we should file a claim and appeal. We are planning to file for AOS after 9 months of me living here in the US, I-94 expired December. I'm currently out of status right now, and my husband is unemployed, waiting for the Disability benefits. My question is will it be hard for us to be approve for my green card if he has no job and disabled and I'm out of status ( I-94 expired ) and everything or will it be just fine to file AOS with our situation right now and get approve with no problems since we're married already and I'm here living in the US?

Also, we are planning to do it by ourselves ( no agency or anything ), will it be just fine?

One more thing, it says on the USCIS website that AOS fee is $1070, is that it?

I'm wondering too, if I have the green card would I need to have a US passport to travel or I can use my Philippine passport and green card?

Thank you all.

[belinda63 2,990]

Do you have a sponsor, other than your spouse, who can prove they make at least 125% of the poverty level for their household plus you?

You are ok to file if you have a joint sponsor who meet the income requirements.

$1070 is correct.

You cannot receive a US passport until you become a citizen. You would travel with the green card and your Philippine passport.

[Bare 0]

Do you have a sponsor, other than your spouse, who can prove they make at least 125% of the poverty level for their household plus you?

You are ok to file if you have a joint sponsor who meet the income requirements.

$1070 is correct.

You cannot receive a US passport until you become a citizen. You would travel with the green card and your Philippine passport.

We haven't thought about sponsors, but if we do have a sponsor can it be just a friend of his or a relatives of mine who are in the US too?

Just in case we wait until we got approved on the Disability before we file for AOS, would it be fine if it's like a year or more after my arrival and he has Disability Insurance? Do we still need a sponsor just in case we got the Disability insurance or that's enough?

I won't get in trouble if I'm living in the US out of status for a long time as long as I don't do crimes or anything, is that right?

Thank you.

[Girl from Celebes 588]

Hello everyone. I have a lot of questions and I'm hoping you can give me some ideas and suggestions. Thanks in advance!

I arrived Sept 4 in the US with K1 visa. We never filed any AOS within that time, my husband became disabled, filed for Social Security Disability but haven't got any determination yet. Just yesterday we got a letter saying that he was declined and we should file a claim and appeal. We are planning to file for AOS after 9 months of me living here in the US, I-94 expired December. I'm currently out of status right now, and my husband is unemployed, waiting for the Disability benefits. My question is will it be hard for us to be approve for my green card if he has no job and disabled and I'm out of status ( I-94 expired ) and everything or will it be just fine to file AOS with our situation right now and get approve with no problems since we're married already and I'm here living in the US?

Also, we are planning to do it by ourselves ( no agency or anything ), will it be just fine?

One more thing, it says on the USCIS website that AOS fee is $1070, is that it?

I'm wondering too, if I have the green card would I need to have a US passport to travel or I can use my Philippine passport and green card?

Thank you all.

1. I have no idea about I-864 or affidavit of support. I will let others answer your question.
2. You can do by yourself. My husband and I are going to do by ourselves. Just like my K-1 visa.
3. Yes, the fee is 1070.
4. A green card holder can't have a US passport at same time. A green card holder is a legal permanent resident whereas a US passport holder is a citizen. When you intend to travel to your home country, you need your passport and when you are traveling back to the US then you need your green card to enter the country.

[Bare 0]

• I have no idea about I-864 or affidavit of support. I will let others answer your question.
• You can do by yourself. My husband and I are going to do by ourselves. Just like my K-1 visa.
• Yes, the fee is 1070.
• A green card holder can't have a US passport at same time. A green card holder is a legal permanent resident whereas a US passport holder is a citizen. When you intend to travel to your home country, you need your passport and when you are traveling back to the US then you need your green card to enter the country.

Thank you. I'm mostly wondering about sponsors or affidavit of support. Good luck on your case!

[belinda63 2,990]

I believe SSDI can be counted as income since it is based upon what he paid into the system. SSI cannot because it is based upon his financial need. Anyone who is a US citizen or LPR and who lives in the US can be your joint sponsor.

You are always at risk of detention when you are out of status. The chances are small but it could happen. Usually the person is take before an immigration judge who orders them to file AOS within a certain amount of time. It is a lot of trouble and stress if this happens.

[sweet cakes 326]

Hello everyone. I have a lot of questions and I'm hoping you can give me some ideas and suggestions. Thanks in advance!

I arrived Sept 4 in the US with K1 visa. We never filed any AOS within that time, my husband became disabled, filed for Social Security Disability but haven't got any determination yet. Just yesterday we got a letter saying that he was declined and we should file a claim and appeal. We are planning to file for AOS after 9 months of me living here in the US, I-94 expired December. I'm currently out of status right now, and my husband is unemployed, waiting for the Disability benefits. My question is will it be hard for us to be approve for my green card if he has no job and disabled and I'm out of status ( I-94 expired ) and everything or will it be just fine to file AOS with our situation right now and get approve with no problems since we're married already and I'm here living in the US?

Also, we are planning to do it by ourselves ( no agency or anything ), will it be just fine?

One more thing, it says on the USCIS website that AOS fee is $1070, is that it?

I'm wondering too, if I have the green card would I need to have a US passport to travel or I can use my Philippine passport and green card?

Thank you all.

Hi Bare. Just to add to what Belinda and Girl from Celebes advised, here's the poverty guideline for your reference: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

You have to check the 125% column for the sponsor's household size, for example a gross income of $19,662 is required for a household of 2.

For the joint or co-sponsors, they only have to be a US citizen or a LPR (GC holder) and he/she doesn't have to be related to you or your husband, meaning friends are fine.

Also, another thing you have to consider is that your medical date should NOT be more than one year prior to filing your AOS. If it is, you would need to take a full medical with a civil surgeon. The cost for this varies from CS to CS.

By the way, when you file for your AOS, include EAD and AP. AP (Advance Parole) allows you to re-enter US. You only need a PH passport to travel back to Phils. EAD and AP combo card is issued in approximately 60-90 days from filing, whereas the GC as of late can reach up to 1 year before they approve it.

Edited June 10, 2014 by sweet cakes

[Bare 0]

I believe SSDI can be counted as income since it is based upon what he paid into the system. SSI cannot because it is based upon his financial need. Anyone who is a US citizen or LPR and who lives in the US can be your joint sponsor.

You are always at risk of detention when you are out of status. The chances are small but it could happen. Usually the person is take before an immigration judge who orders them to file AOS within a certain amount of time. It is a lot of trouble and stress if this happens.

We have filed for SSDI but actually the letter we got yesterday said we were declined for the SSI so now it is confusing. I mostly stay in the house since I got no papers so there's definitely no crimes or illegal gonna happen. There's no way they can deport me if I'm out of status is that right?

[Bare 0]

Hi Bare. Just to add with what Belinda and Girl from Celebes advised, here's the poverty guideline for your reference: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

You have to check the 125% column for the sponsor's household size, for example a gross income of $19,662 is required for a household of 2.

For the joint or co-sponsors, they only have to be a US citizen or a LPR (GC holder) and he/she doesn't need to be related to you or your husband, meaning friends are fine.

Also, another thing you also have to consider prior to filing your AOS is that your medical date should NOT be more than one year since you took it. If it is, you would need to take a full medical with a civil surgeon. The cost for this varies from CS to CS.

I had my medical in St. Lukes June 10, 2013. So obviously it's not valid no more? I gotta have a new tests before I can file for AOS?

[sweet cakes 326]

I had my medical in St. Lukes June 10, 2013. So obviously it's not valid no more? I gotta have a new tests before I can file for AOS?

Yes, sorry to say that. You would need to get a new full medical again with a uscis-listed Civil surgeon.

Here's the CS locator: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

Or you can also browse here and call around which one will give you the best price: http://www.visajourney.com/forums/topic/231026-civil-surgeons-who-dont-rip-you-off/

Do the medical again only when you are ready to file for your AOS.

Edited June 10, 2014 by sweet cakes

[NancyNguyen 1,657]

One question, did you two get married within 90 days after your arrival? If yes you can do AOS by yourself and it's somehow easier because you came here with K-1. And please don't mind to file Advance Parole I-131, because you are out of status and now if you leave the country, you will be denied entry when you come back (even if you have AP.) Good luck.

[EndlessStory 53]

I would just file AP and EAD anyways since its free. Just for emergency so that you won't regret not filing it. You will want to file your AOS ASAP to avoid any issues with immigration since you are out of status

[NancyNguyen 1,657]

I would just file AP and EAD anyways since its free. Just for emergency so that you won't regret not filing it. You will want to file your AOS ASAP to avoid any issues with immigration since you are out of status

OP has overstayed for more than 6 months already. AP is not an option, OP will be denied entry even with a valid AP.

[zuluweta 250]

BIA Rules That Traveling On Advance Parole Does Not Trigger 3/10 Year Bar

By Michael Gurfinkel

Link here: http://www.gurfinkel.com/imm_updates131c.htm

[KayDeeCee 4,893]

OP has overstayed for more than 6 months already. AP is not an option, OP will be denied entry even with a valid AP.

http://immigrationblog.fowlerwhite.com/USCIS-Headquarters-Issues-Guidance-Regarding-Matter-of-Arrabally-and-Yerrabelly

http://www.smartimmigrationlawyer.com/advance-parole/

http://www.justice.gov/eoir/vll/intdec/vol25/3748%20%28final%29.pdf