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VisaJourney.com > Immigration Discussion for US Visa Holders and Permanent Residents > Adjustment of Status (Green Card) from Family Based Visas

Clarizz
Hello vj's just want ask if what will happen if we didn't file AOS, SSN after we married. My visa is expired last April 27, I read in some website that you should file before the visa expired. I am married with more than 3months now but due to financial problem my husband didn't file.
alexlei
they said you will be out of status but there's lot in here who didnt file within 90 days... i just also sent mine today and my I 94 expired last monday. you cant just work for a while cause we're not allowed to work without filing EAD...thats what i know. lol cheer up!
pRetTy_aNgeL
K-1 is in an overstay status, if married before I-94 expiration, but has not filed AOS, this overstay is forgiven on approval of AOS. You can still file for AOS after the 90 days. You are out of status so file as soon as you can.
charles!
probably better served in the aos forum, so moved from pi regional to there.
Otto und Karin
QUOTE (Clarizz @ May 7 2009, 11:14 AM) *
Hello vj's just want ask if what will happen if we didn't file AOS, SSN after we married. My visa is expired last April 27, I read in some website that you should file before the visa expired. I am married with more than 3months now but due to financial problem my husband didn't file.

If you've already entered the US you no longer have a visa (K-1 Visa) it has essentially been used so if you're referring to its expiration date, you're focused on the wrong date.

The correct date (or term) is the expiration date on the I-94 (which would be 90 days from the date entering the US). I know it sounds like no big deal, but it is important to use the correct terminology so other readers don't get confused.

It is best to file AOS (and EAD/AP) before the I-94 expires but since you're past that date it is a mute point. You should now file AOS as soon as possible in order to protect your legal status. By not doing so, you are out-of-status.

When you file for AOS (and get the NOA1) your status becomes "Pending" which is better than out-of-status. So best advice - get the money somehow and get the package sent off. good.gif
Clarizz
thanks for reply. Is it really need income tax to file AOS? what you submit about medical did you take another medical here in USA?
Otto und Karin
QUOTE (Clarizz @ May 7 2009, 11:52 AM) *
thanks for reply. Is it really need income tax to file AOS? yes.gif

what you submit about medical did you take another medical here in USA? Maybe - most don't if filed within a year of original medical.

Best to begin here --> http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos before asking questions that are frequently asked. good.gif
ailene and larry
QUOTE (Clarizz @ May 7 2009, 10:52 AM) *
thanks for reply. Is it really need income tax to file AOS? what you submit about medical did you take another medical here in USA?


yes income tax is needed
Generally, all applicants filing for adjustment of status to that

of a permanent resident must submit a Form I-693 completed

by a designated civil surgeon. Form I-693 is used to report

results of a medical examination to U.S. Citizenship and

Immigration Services (USCIS). The examination is required

to establish that you are not inadmissible to the United States

on public health grounds,if u r a k1 visa holder and already have medical overseas

You are not required to have another medical

examination as long as your Form I-485,

Application to Register Permanent Residence or

Adjust Status, is filed within one year of your

overseas medical examination

You will, however, be required to complete Part

1, Information about you, and submit the

vaccination section of Part 2 with your

adjustment of status application. A designated

civil surgeon must complete the vaccination

section and Part 5, the Civil Surgeon's

Certification.

eric_and_teresa
QUOTE (Karin und Otto @ May 7 2009, 12:31 PM) *
The correct date (or term) is the expiration date on the I-94 (which would be 90 days from the date entering the US). I know it sounds like no big deal, but it is important to use the correct terminology so other readers don't get confused.



good.gif Visa expiration and I-94 expiration are oftenly confused.
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