AOS

[grace and thomas 2]

Hello! I came here in US as a K1 visa holder and got married August 17, 2013. I know that i need to file for my AOS but our problem is we don't have money yet for it. My I-94 is about to expire on Sep 6 too, so, i can't get state id and change my ssn lastname coz they told me the same reason, that my I-94 will be expired soon and i need to show them either my EAD or permanent residence card which i dont have yet. My questions are :

1. Am i still safe to stay here even if i had only marriage certificate or an expired I-94?

2. Is it ok to file the AOS maybe after a year of staying here? My husband said that maybe next year i will be able to file for it.

I'm so worried about my status here. thanks for the reply

[Andrea&Henry 311]

Hi sweetheart, well the thing is that once your I94 is expire you are basically out of status. You cannot travel outside the US (I mean you can, but cannot get back unless your husband starts another immigration petition like cr1), you cannot get a driver license or work. And if you past the 180 day mark is considered as an overstay. Normally an overstay is forgiven for an USC's spouse but if you try to travel with an AP (after submitting AoS) you can have serious to reentry. I now that paying $1070 is hard but having a gc is the most important thing right now. Try to get a loan or ask money to your family or close friends.

[vbtwo 54]

1. Am i still safe to stay here even if i had only marriage certificate or an expired I-94?

2. Is it ok to file the AOS maybe after a year of staying here? My husband said that maybe next year i will be able to file for it.

1. Yes, but try not to get caught by border patrol. You will not have any documentation to prove that you're here legally since everything is expired, so if you are caught up in something, it'll be hard to prove. Once you file for AOS, it won't matter that you stayed here after I-94 expired.

2. Yes, there is no requirement for filing for AOS right away or within the 90 day period, only to get married within the 90 day period. They might look at it as something unusual though and might ask about it during the interview.

Keep in mind that you are not allowed to work and if you leave you will not be let back in to the US without getting a new visa of some kind. You cannot get work authorization or advance parole without filing for AOS at the same time.

[Umka36 781]

Yes, you can file the AOS later. But as stated by the above posters, it comes at a price. You would also need to redo your medical if you wait a year. I would do what ever I can to get the money to file the AOS. Your life is basically on hold until you do. It's also unfair to you, because should (not saying it will) your marriage fail you would have no basis to AOS from.

[Pitaya 2,576]

Additionally, I would suggest that you refrain from going near the US/Mexico border. If you are stopped by a roving CBP checkpoint, you may have some issues. File for AOS as soon as you can.

[grace and thomas 2]

Hi sweetheart, well the thing is that once your I94 is expire you are basically out of status. You cannot travel outside the US (I mean you can, but cannot get back unless your husband starts another immigration petition like cr1), you cannot get a driver license or work. And if you past the 180 day mark is considered as an overstay. Normally an overstay is forgiven for an USC's spouse but if you try to travel with an AP (after submitting AoS) you can have serious to reentry. I now that paying $1070 is hard but having a gc is the most important thing right now. Try to get a loan or ask money to your family or close friends.

Hello thank you for the reply, you mentioned about the 180 days, is it started from my arrival date here or a day after my I-94 expired?

[Umka36 781]

After your I-94 expires.

[grace and thomas 2]

After your I-94 expires.

thank you very much

[Andrea&Henry 311]

After 90 days since your arrival is consider out of status but 180 after the i94 expire is an overstay. As I told you and other vj members told u, is not worth having your life on hold for a year just for 1000$ that you can get borrow from family and friends, and pay them once you can start working

[Asya Hackett 0]

Hi, i am wondering if I can get a job right after I apply for AoS?

[Umka36 781]

Hi, i am wondering if I can get a job right after I apply for AoS?

You really need to start you own thread.

To answer your question, you need to have either a valid EAD or GC and SSN before you can actually work. Employers are suppose to complete a I-9 to verify that you are eliglible to work.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Looking for a job is fine though.

Edited September 4, 2013 by Umka36

[Asya Hackett 0]

Thank you, Umka36.

All this is giving me a headache and one million questions in the same time...

[amberlynnloves 125]

After 90 days since your arrival is consider out of status but 180 after the i94 expire is an overstay. As I told you and other vj members told u, is not worth having your life on hold for a year just for 1000$ that you can get borrow from family and friends, and pay them once you can start working

This is incorrect.

The overstay starts from the day after I-94 expiry.

My husband had about 3 months of overstay before we filed AOS. He was approved yesterday with no issues at all.

[Andrea&Henry 311]

This is incorrect.

The overstay starts from the day after I-94 expiry.

My husband had about 3 months of overstay before we filed AOS. He was approved yesterday with no issues at all.

that's what I said the overstay starts after the i94 expires. 3 month is not considerer as an overstay is past the 180 days mark when in considerer an overstay as far as I know

[newacct 688]

that's what I said the overstay starts after the i94 expires. 3 month is not considerer as an overstay is past the 180 days mark when in considerer an overstay as far as I know

No. Overstay starts when I-94 expires. 1 day after the I-94 expires, you have 1 day of overstay. 3 months is 3 months of overstay. The 3-year ban kicks in if you have more than 180 days of overstay and then leave the U.S.