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VietJandD

Worst-case scenario and filing late fee(?) for AOS

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Hi, 

 

We are filing the AOS for my wife late. We got married within 90 days, but it's been almost 180 days since she arrived in the US and we are just now filing the AOS this week. We have to file without the help of a lawyer because we can't afford one at this point. So, here are my questions:

 

1) is there an additional fee or document that needs to be filed if we get the application in before 180 days after her arrival to the US?

 

2) If we are denied for some reason, what is the worst-case scenario at that point? Can we simply reapply? Or, is there a situation where they can immediately start deportation procedures? 

 

We feel like we should apply now and hope we have everything in order and won't be denied rather than waiting another few months to be able to hire a lawyer. 

 

Thank you for your help.

 

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Posted (edited)

1. As with all K-1 entrants, since her I-94 expired after 90 days, she has technically been subject to deportation.  However, once she files the I-485, she will not have a legal status, but she will be granted "authorized stay" while the I-485 is being adjudicated. Make sure she also files the I-765 and I-131, too.....no extra fee.

 

2. Yes, she can reapply if denied.

 

Good luck.  I would file the package as soon as possible.  There are no benefits in waiting.....😊

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

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Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

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Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
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  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
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  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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10 minutes ago, VietJandD said:

Hi, 

 

We are filing the AOS for my wife late. We got married within 90 days, but it's been almost 180 days since she arrived in the US and we are just now filing the AOS this week. We have to file without the help of a lawyer because we can't afford one at this point. So, here are my questions:

 

1) is there an additional fee or document that needs to be filed if we get the application in before 180 days after her arrival to the US?

 

2) If we are denied for some reason, what is the worst-case scenario at that point? Can we simply reapply? Or, is there a situation where they can immediately start deportation procedures? 

 

We feel like we should apply now and hope we have everything in order and won't be denied rather than waiting another few months to be able to hire a lawyer. 

 

Thank you for your help.

 

1) No

2) if denied, you can reapply, but success will depend on the reason for denial.  If it comes to that, you may want to talk to a lawyer at that time.

 

BTW, there is no deadline for filing the AOS.  Most members will recommend filing within the he 90 day window, but people file at any time after a K1 marriage and are successful.

 

Good Luck! 


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

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Marriage : 2014-09-27

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  1. No
    1. If her medical is over 1 year old at the time of filing, she will need to provide an I-693 (with the medical exam). This can be provided at the interview.
  2. Worst case is they issue an NTA and put her into removal proceedings. But until then, you can refile as-is. And if they do, you can file the I-485 with the court in an attempt to cancel the removal.

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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7 minutes ago, VietJandD said:

Hi, 

 

We are filing the AOS for my wife late. We got married within 90 days, but it's been almost 180 days since she arrived in the US and we are just now filing the AOS this week. We have to file without the help of a lawyer because we can't afford one at this point. So, here are my questions:

 

1) is there an additional fee or document that needs to be filed if we get the application in before 180 days after her arrival to the US?

 

2) If we are denied for some reason, what is the worst-case scenario at that point? Can we simply reapply? Or, is there a situation where they can immediately start deportation procedures? 

 

We feel like we should apply now and hope we have everything in order and won't be denied rather than waiting another few months to be able to hire a lawyer. 

 

Thank you for your help.

 

If you don't have any criminal record and such, you should not need a lawyer... A lot of people here did everything on its' own. The key is to pay attention to details, make a lot of research. Search on this forum for answer and if you can't find just ask. It can be overwhelming, especially the Affidavit of Support part because it's not especially clear of what supporting documents to send(bank statements, W2s, saving account etc), but if you meet the financial requirements you should be fine.

Follow the guides from here (https://www.visajourney.com/content/k1k3aos/) but be sure to download the forms from the USCIS website so they are up to date and you can follow the example forms of how to fill it out.

 

1. As far as I know you don't. Also file for EAD (I-765) and AP(I-131). It's free with the AOS https://www.visajourney.com/content/k1k3aos/

2. Since she arrived on a K1 there is no reason to be denied. In theory you can reapply right away, but unless you fixed the issue why she was denied she will be denied again and you spent over $1000

 

 

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While she is out of status, she is subject to detention by any ICE or CBP agents at  roving checkpoints, or at domestic airports. By executive order of the prez, ICE and CBP have been instructed to initiate "enhanced immigration enforcement." She could remain in detention until her case comes up for her initial hearing before an immigration court judge. At this time, there is a backlog of over one (1) million cases in the immigration court system. 

 

FILE HER AOS AS SOON AS POSSIBLE TO AVOID THIS POSSIBLE SITUATION.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Thank you all for your answers. 

 

At least we have an idea of what our options are if we do get denied. 

 

We are going to apply without a lawyer and if there is a problem down the road, we will try to be in a better position financially to hire a lawyer at that time. 

 

Thank you again

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21 hours ago, VietJandD said:

Hi, 

 

We are filing the AOS for my wife late. We got married within 90 days, but it's been almost 180 days since she arrived in the US and we are just now filing the AOS this week. We have to file without the help of a lawyer because we can't afford one at this point. So, here are my questions:

 

1) is there an additional fee or document that needs to be filed if we get the application in before 180 days after her arrival to the US?

 

2) If we are denied for some reason, what is the worst-case scenario at that point? Can we simply reapply? Or, is there a situation where they can immediately start deportation procedures? 

 

We feel like we should apply now and hope we have everything in order and won't be denied rather than waiting another few months to be able to hire a lawyer. 

 

Thank you for your help.

 

Lots of people file at a later date.  Some do after the marriage within 90 days, some wait even years.  I applied for my wife's about 2-3 months after our marriage.  

 

1.  No additional fee.  Please do file the I-765 and I-131 along with your AOs, there is no additional fee. 

2.  Hopefully you don't get denied, but yes you can reaplly if it were to happen.  

 

No point waiting any longer.  Good luck! 

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I sent my AOS packet on exactly 90th day since I entered US and USCIS received the packet a week later. Even though I-90 is already expired my case is pending and I got my combo card last week. 
 

I think your wife and the case will be fine as long as you got married within 90days 


 

03/14/2018 I-129f Petition sent 

 

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8 minutes ago, VietJandD said:

   Does anyone know whether there is an additional document that needs to be filed after the 180 day mark? I read somewhere that there is, but I can’t find it now. 

No


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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