AOS

[wizardfitz 13]

question: if you enter as a k1, do you need to file the aos within 3 mos? what happens if you dont?

[Meridien 0]

You have to get married within 3 months, but you can wait to file the AOS. Sometimes people have waited years to file AOS, for one reason or another. Of course if you do wait to file, the foreign spouse will not be able to leave the US or legally work (because you usually file for Advance Parole and Employment Authorization at the same time as AOS)

[wizardfitz 13]

You have to get married within 3 months, but you can wait to file the AOS. Sometimes people have waited years to file AOS, for one reason or another. Of course if you do wait to file, the foreign spouse will not be able to leave the US or legally work (because you usually file for Advance Parole and Employment Authorization at the same time as AOS)

thanks, the reason i ask is i saw someone post that they are waiting until their 2nd yr wedding anniversary to file so there would be no lifting of conditions...is that true as well?

good luck on your interview by the way

Edited October 1, 2008 by wizardfitz

[wizardfitz 13]

also i saw on the uscis website that the ead is free is applied the same time as the aos, but the advance parole has an addtl $300+ fee, is that the case or am i misreading it?

[john_and_marlene 162]

You put your spouse at risk if you do not file right away.

Time after the I-94 expires is out of status time.

Out of status time stops with the receipt of the I-485.

If the I-485 is approved, the out of status time is erased.

If the I-485 is denied for any reason and was not filed before the I-94 expired, the entire time since the I-94 expired is out of status time.

If the I-485 is denied for any reason but was filed before the I-94 expired, no out of status time accrued.

If the sponsor dies prior to the approval of the I-485, the beneficiary will be denied adjustment and any accrued out of status time applies.

If the sponsor dies prior to the approval of the I-485, any interim benefits cease (EAD/AP) and the beneficiary is not allowed to work and is asked to leave the country within a fairly short time.

Out of status time accrued before filing/after denial does count toward a reentry bar should the adjustment not be completed and the beneficiary has to leave the country.

Most people will say "That won't happen to us" .... but it does happen ... it has happened to members of this forum ... how do you explain to the beneficiary spouse that it's worth it to you to take this risk with their future?

Some people have successfully waited for long periods of time before finally filing for adjustment from K1. The success is achievable only when no adverse events occur.

[john_and_marlene 162]

also i saw on the uscis website that the ead is free is applied the same time as the aos, but the advance parole has an addtl $300+ fee, is that the case or am i misreading it?

All interim benefits (EAD and AP) are included with the fee for the I-485.

[Minya's wife 24]

You put your spouse at risk if you do not file right away.

Time after the I-94 expires is out of status time.

Out of status time stops with the receipt of the I-485.

If the I-485 is approved, the out of status time is erased.

If the I-485 is denied for any reason and was not filed before the I-94 expired, the entire time since the I-94 expired is out of status time.

If the I-485 is denied for any reason but was filed before the I-94 expired, no out of status time accrued.

If the sponsor dies prior to the approval of the I-485, the beneficiary will be denied adjustment and any accrued out of status time applies.

If the sponsor dies prior to the approval of the I-485, any interim benefits cease (EAD/AP) and the beneficiary is not allowed to work and is asked to leave the country within a fairly short time.

Out of status time accrued before filing/after denial does count toward a reentry bar should the adjustment not be completed and the beneficiary has to leave the country.

Most people will say "That won't happen to us" .... but it does happen ... it has happened to members of this forum ... how do you explain to the beneficiary spouse that it's worth it to you to take this risk with their future?

Some people have successfully waited for long periods of time before finally filing for adjustment from K1. The success is achievable only when no adverse events occur.

Well stated!

As for the Advance Parole...it is one of the 'benefits' that is free as long as you file for AOS and pay the fee. The $1010 fee covers the I-485 (and biometrics), EAD and Advance Parole. The I-485 is necessary, but the EAD and Advance Parole are an option. You can choose to apply for those, or not, its up to you.

-P

[SonoranSongbird 3]

thanks, the reason i ask is i saw someone post that they are waiting until their 2nd yr wedding anniversary to file so there would be no lifting of conditions...is that true as well?

They may have entered on a K3 spousal visa. A K3 is a two-year multiple entry visa, so if your spouse enters on a K3 and you wait until near your two-year anniversary, they would not be out-of-status (someone who went the K3 route can correct me on that if I'm wrong). That won't really work with a 90-day K1 visa. For all the reasons people have given, it is best to file for AOS ASAP even though there is not a specific deadline. If it takes USCIS two years to process your AOS, though, you will get an unconditional 10-year green card and not have to apply to lift conditions. That just happened with a VJ couple.

[john_and_marlene 162]

For all the reasons people have given, it is best to file for AOS ASAP even though there is not a specific deadline.

To avoid out of status time, there is a specific deadline. You can find the deadline on the I-94.

[wizardfitz 13]

great ! thanks everyone for all the information