What if we file the AOS just outside the 90 days?

[Purple_Paladin 18]

So because we are down to the wire and bc of a miscommunication with our joint sponsor, we may not have the joint sponsor documents in time to meet the 90 day deadline. 

My brother is out of the country and won't be back until the 17th. Our 90 day mark is 10/16?  Maybe 10/13 actually bc he came into the country 7/16. 
In any case, unless my brother gets back too late. 

It's my fault. I didn't fully understand the different deadlines bc I've been running around for school, work and getting all the appointments set up.

We got the SSN for him and opened them both bank accounts but this...

 

So, please don't berate me. Trust me I know. I'm sick with it.

 

I know you all get asked stuff like this all the time by idiots like me but what do I do if I'm filing a little late? (like days late)

 

Is there any way to get an extension?

 

I don't meet the financial requirements without the joint sponsor so I'm not sure if filing without his stuff would do any good.

[Purple_Paladin 18]

Brainstorming... what if we file the AOS and send in I 864 later (end of month) since that's the main issue?

[OldUser 10,629]

4 minutes ago, Purple_Paladin said:

Is there any way to get an extension?

Unfortunately, no.

The main thing is to get married within 90 days when on K-1 visa. It's great you did it. 

 

Filing for adjustment after 90 days is possible, but bear in mind, spouse will out of status and be subject for removal if found by ICE. It can be very stressful and even more expensive if you have to deal with detention and immigration court 

[Purple_Paladin 18]

Just now, Purple_Paladin said:

Brainstorming... what if we file the AOS and send in I 864 later (end of month) since that's the main issue?

I could also send in I 485, MY I 864 and then send in my brothers?

 

[OldUser 10,629]

5 minutes ago, Purple_Paladin said:

Brainstorming... what if we file the AOS and send in I 864 later (end of month) since that's the main issue?

I would not file incomplete packet. It will most likely be rejected and returned. You'd just lose time and money.

 

Maybe, just maybe, you can send AOS packet with I-864 filled by yourself for now. And maybe, instead of straight denying your case, USCIS will send NOID (Notice of Intent to Deny) or RFE (Request for Evidence). Usually they'll say they could not determine you were eligible to sponsor on your own and ask for joint sponsor. This can buy you some time. But there's huge risk involved and I would never recommend this. But is it better than filing late? Probably, is in my opinion. But there is a risk it may get denied and you will lose filing fees 

Edited 11 hours ago by OldUser

[Purple_Paladin 18]

3 minutes ago, OldUser said:

 

Filing for adjustment after 90 days is possible, but bear in mind, spouse will out of status and be subject for removal if found by ICE. It can be very stressful and even more expensive if you have to deal with detention and immigration court 

 

1 minute ago, OldUser said:

I would not file incomplete packet. It will most likely be rejected and returned. You'd just lose time and money.

 

Maybe, just maybe, you can file I-864 yourself for now. And maybe, instead of straight denying your case, USCIS will send NOID (Notice of Intent to Deny) or RFE (Request for Evidence). This can buy you some time. But there's huge risk involved and I would never recommend this.

So with these two things in mind... if I file late (like a week) would they reject it just because it's late if it's complete?

 

Or, if I filed incomplete, could I include a cover letter explaining that a co-sponsor application is coming?

[Purple_Paladin 18]

Filing Category	Paper Filing Fee
General Filing Additional Fee: If you file with, or your Form I-485 is adjudicated by, the Immigration Court (Pub. L. 119-21).	$1,440 $1,500

 

 

I don't understand what the $1500 is for?

 

So the first time I file it's $1440/immigrant? And the $1500 is what? In case we are denied and have to file again?

[OldUser 10,629]

43 minutes ago, Purple_Paladin said:

 

So with these two things in mind... if I file late (like a week) would they reject it just because it's late if it's complete?

 

Late - won't reject. You are US citizen. Overstay is forgiven for foreign spouse (if I-485 is approved)

Incomplete - will reject

[OldUser 10,629]

1 hour ago, Purple_Paladin said:

Filing Category	Paper Filing Fee
General Filing Additional Fee: If you file with, or your Form I-485 is adjudicated by, the Immigration Court (Pub. L. 119-21).	$1,440 $1,500

 

 

I don't understand what the $1500 is for?

 

So the first time I file it's $1440/immigrant? And the $1500 is what? In case we are denied and have to file again?

$1500 is in addition to filing fee of $1440 IF you file I-485 with immigration court. You're filing with USCIS, so just $1440.

 

So you can see how being in removal proceedings can be more expensive. If your husband is out of status, and put in removal, filing for adjustment will be even more expensive with additional fees. Not to mention lawyers would want a lot to represent him too 

Edited 9 hours ago by OldUser

[SalishSea 18,568]

A year ago, this wouldn't have been a big deal.  In October 2025, I'd say you should move heaven and earth to avoid ever being out of status.  Do not under any circumstances send an incomplete packet though.

[SalishSea 18,568]

2 hours ago, Purple_Paladin said:

So with these two things in mind... if I file late (like a week) would they reject it just because it's late if it's complete?

No, but he would be out of status and subject to deportation.

[Dashinka 26,180]

6 hours ago, OldUser said:

$1500 is in addition to filing fee of $1440 IF you file I-485 with immigration court. You're filing with USCIS, so just $1440.

 

So you can see how being in removal proceedings can be more expensive. If your husband is out of status, and put in removal, filing for adjustment will be even more expensive with additional fees. Not to mention lawyers would want a lot to represent him too 

Is it ‘in addition’?  I take it more as if someone is in removal and is eligible to file an AOS, and they are brought before an IJ, the fee is now $1500.  If someone filed an I485 with USCIS that was denied, and then filed a new I485 due to an IJ decision, then it would be.in addition too.  Regardless, being in removal status is much more expensive, so I would never recommend anyone pursues that path.

 

To the OP file a COMPLETE I485 package ASAP once your brother returns and can sign an I864.  You can get everything ready, and he can even get the tax transcripts to you assuming he is still in regular communication and has internet access.  Once he returns, have him sign the co-sponsor I485, copy the complete package and send it in.

 

Good Luck!