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HI

I know that its advisable to apply for AOS as soon as possible once the fiance arrives to start the 90 day window to get married. My question is, would it be possible to wait or postpone applying for AOS and just rely on the EAD for an extended period of time?

If so what would I need to do and what are the ramifications for not applying for the AOS immediately/or within 90 days?

Note: This isnt a money issue as I have the money for the AOS and I know why you should apply for the AOS immediately but what will happen if I say wait 10 to 12 months instead of applying within the 90 day window?

Thanks

Metaler

Edited by Metaler

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You cannot get an EAD without applying for AOS at the same time. It's the pending AOS application that makes the applicant eligible for the EAD.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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You do not have to file for AOS in the 90 day window, you just have to get married in the 90 day window. You can get married and file outside the windows and it is approved because y'all are now married. You just have to be careful when travelling here in SoCal because you can and will get stopped at some of the inland border patrol check points. Then you will have to explain why your significant other is out of status. I waited about 4 months before we filed the AOS for my wife and it was fine.

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You do not have to file for AOS in the 90 day window, you just have to get married in the 90 day window. You can get married and file outside the windows and it is approved because y'all are now married. You just have to be careful when travelling here in SoCal because you can and will get stopped at some of the inland border patrol check points. Then you will have to explain why your significant other is out of status. I waited about 4 months before we filed the AOS for my wife and it was fine.

OK that helps! I will likely wait until 6 or 7 months and then apply for AOS. I just want to wait to ensure that everything is proceeding smoothly before I financially commit. I know that sounds devious but the knowledge Ive obtained from this site has been eye opening to say the least. I'm not looking to keep my fiance hostage LOL like Ive seen other posters claiming has happened to them, rather I just want to make sure that I'm not being taken for a GC ride!

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I'd hope you would know that before you got married.

You're correct but many people are duped into a fraudulent marriages who felt their significant other was sincere and truthful. Its sometimes impossible to know ones truest of intentions regardless of there inner thoughts or outward behavior. Given that the I-864 puts you on the hook financially for a long time, even the most sure of sponsors should have at least one insurance policy in case something goes afoul. Usually most problems if any are to exist will rear there ugly head within a matter of a few months so in my case I think its best to wait. Another 3 to 4 months will not hinder the situation.

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What does your fiancee think of your 'smart' plan? :pop:

Why don't you go over to her country for 6 or 7 months to spend time together before commiting?

Good idea but I have a full time job, a daughter and bills to pay. Regardless of what my fiance thinks, its imperative that I look out for myself just as much as I look out for those around me.

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Being stuck inside the home, with no driver's license and unable to work, sounds like a recipe for a happy start in the US.

I agree and as I said Im not out to keep her hostage but I do not want to enter into an immigration issue that is financially disastrous especially if i come to find out that Ive been lied too.. As you have stated in many posts before to others who have submitted an I-864 , you know all to well that it is a sit or get off the pot moment in this process. I realize what you are saying however what are the alternatives.

So she has to uproot her life, move to US, wait a few months for you to see if she passes the green card scam test.

Otherwise, you will ship her back home.

Sounds very fair huh.

Fair or not is debatable. But how does one prove that what they want is not a green card and in fact purely true love? This is a dilemma that nobody has the answer too!

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The alternative is that you actually know someone before marrying them. That you have spent time getting to know one another. That you have spent time in person and actually trust them.

She is your future wife and you are supposed to love her and care for her. Part of that is making sure she is fully integrated into US life instead of being held prisoner until she pleases you enough to file for her.

Refusing to file immigration paperwork can be seen as a form of abuse.

Its impossible to know anyone that well. I dont think I need to tell you this. People surprise you regardless of how well you know them. Its a fact of life. If all couples were honest, loving and faithful then nobody would get a divorce. There is nothing wrong with protecting yourself and having an insurance policy.

Edited by Metaler

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