Out of Status for more than 1 year of marriage, What am I gonna do?

[Macy7563 0]

I came here last August 2013 and got married September of the same year. Unfortunately, my husband lost his job and his other income wont suffice for the financial requirements to file for AOS, alongside to that, I also got pregnant and gave birth to a beautiful baby that will turn 4 months soon. Anyway, it was just very recently that my husband luckily got a job so our plans would be to save for the the green card application that may take sometime too because of all the other obligations we have to pay, so we're looking at like next year after income tax time to file for my AOS.

My questions here are:

1) Should I file the AOS soon as we got all the financial requirements covered and may get the condition green card?

2) Just wait after my 2 years of marriage (hence it wont be so long after tax return next year) so I can apply for the 10 year Green Card?

Thank you so much for anyone expertize regarding this issue.

[Al422 221]

File now. The sooner the better. Don't attempt to leave the country and don't get within 100 miles of the border until you have your green card. And don't file for AP since it will be useless to you, even once you get it.

Even though you have been out of status for a long time and are subject to deportation, USCIS policy is to not punish people for doing the right thing, albeit late, and filing AOS is the right thing.

The fee for the unconditional green card ($435, I think) is the same whether you file AOS this year or next year. So if you have the money and he can show the right income now, go ahead and do it.

[Pinkrlion 2,607]

There is nothing that says you have to apply for AOS within a certain timeframe. You will still have to pay 1070.00 to file.

[Ronny_Cari 8]

There is nothing that says you have to apply for AOS within a certain timeframe. You will still have to pay 1070.00 to file.

I agree! :-)

[Al422 221]

I agree! :-)

Absolutely correct statement.

BUT if you fail to file within 90 days of your POE, you are out of status. While you are out of status, you are at risk of being deported. Still the chance of that happening is about the same as an asteroid falling on your head, even after you file the late AOS. Additionally, USCIS does not wish to penalize you for doing the right thing (filing AOS), so such a filing will not prompt them to deport or do anything else bad.

So don't worry about getting caught unless you do something foolish, like leave the country and try to get back in, venture close to the border where the roaming checkpoints might catch up with you, or apply for a job in a place that might get raided by ICE.

But how long do you want to live your life like this when complete legalization is just $1.070.00 away? If you have the money, file it and get things right.

Edited October 5, 2014 by Al422

[Macy7563 0]

Thank you everyone for all your replies. They are all noted for.