Concerns: Filing AOS very late.

[dkmfan85 832]

My wife and step daughter arrived just over 3 years ago with K1/3 visas. We had all of the paperwork and fees ready to go to file for AOS, but had a very costly medical emergency which had me paying medical bills for some time and exhausted what I had saved to file for AOS. Obviously my family is now well outside the 90 day window, but we were married within that time and have also had a child together since our marriage. I'm wondering if we can still file for AOS as per the guide, or if we need to also file I-130?

[powerpuff 5,892]

No need for I-130 since you married within the 90 days. Just follow the guide for K1 AOS and send everything asap

[Loren Y 2,732]

File as soon as you are able. Don't forget the EAD/Advanced parole forms when you file. the I-131, and I-765 they are. They are free when you file with the AOS package.

Edited June 19, 2022 by Loren Y

[Rocio0010 5,562]

No need to wait. In fact, file ASAP. 

[Mike E 11,723]

3 hours ago, dkmfan85 said:

My wife and step daughter arrived just over 3 years ago with K1/3 visas. We had all of the paperwork and fees ready to go to file for AOS, but had a very costly medical emergency which had me paying medical bills for some time and exhausted what I had saved to file for AOS. Obviously my family is now well outside the 90 day window, but we were married within that time and have also had a child together since our marriage. I'm wondering if we can still file for AOS as per the guide, or if we need to also file I-130?

 

 

1. How old is your step daughter?

 

2.  Do you really mean K-3? Or do you mean K-2?

Edited June 19, 2022 by Mike E