Question

[BYRON-LEIDY 0]

OK...... I have not been on VJ for a while!!!!!!!!! here is my situation......Leidy and i got married in Feb but still have not started the AOS process...Her visa expired April 8th ...what does this mean for us...is she considered illegal now??? The reason i have not filed yet is because i honestly can't afford it right now....So thats where i am....any opinions??

[raymaga 25]

Her K-1 Visa was actually valid for 6 months from the approval date, which would be June 2008. But, as soon as you enter the U.S. with a K-1 Visa, you have 90 days to get married. You should then apply for AOS (and EAD and AP if desired) as soon as possible after your marriage.

There is really no set time frame that you must apply for AOS, but the sooner you are able, the better.

[BYRON-LEIDY 0]

Thanks...you are absolutely right....i forgot it was valid for 6 months..now my question to you is what if i can't apply before the 6 month time frame....what happens them

[raymaga 25]

Technically, I believe she will be out of status, and definitely should not leave the U.S., but a lot of people here on VJ were not able to file for AOS due to financial reasons right after their marriages, and just applied as soon as they were able to.

[BYRON-LEIDY 0]

Thanks a lot...its been stressing me not to be able to apply yet but financially its just not possible right now..its $1000 for my wife and $600 for my stepson correct??

[raymaga 25]

I believe it's $1,010 for your wife, but I'm not sure what the fee is for your stepson. Someone else may be able to comment on this for you.

[BYRON-LEIDY 0]

Thanks for all your help.....ill worry about pricing when i know that im going to be able to file...

[Damian&Kelly 16]

i believe you have as long as u like to file. reason its said to file quickly is because your now wife is stuck in the US without being allowed to work and if she leaves you have to file for a K-3. and the longer you put off getting a green card the longer she'll have to wait to become a citizen. someone can correct me if I'm wrong.

[j and c 8]

my opinion, beg, borrow or steal the funds to apply for her and the kid's AOS; her fee will be 1010 dollars.

i believe if the child is under age 14, the fee will be 600 dollars if you file along with the child's mother.

is you file seperately for the child, i believe the fee increases to 930 dollars.

check out the AOS guidlines and related links on this website.

[motu 6]

Some people have waited for a year or more - in a financial crunch like you. So, thats not a problem - the problem is being able to work, drive and become a 'normal' resident etc. Did you file taxes as married filing joint - (hopefully she did get a SSN) - if you did - you should get a check for $1200 in May - that should be enough to file - surely you can come up with another $500 or so. Good Luck

Edited April 21, 2008 by motu

[angelangels 0]

I would really try to get your AOS process started............it is expensive, but worth it............maybe a family member can help you get it together...........once your AOS is in system you are 'pending' and your status is valid.

Very best of luck

[Kotenochek 0]

I am filing only now too even though i arrived in august 2007...I guess its ok,but sooner is better since it allowes you to work and fill that financial gap...

Just try to save money as much as you can..

[LaL 418]

Thanks...you are absolutely right....i forgot it was valid for 6 months..now my question to you is what if i can't apply before the 6 month time frame....what happens them

This is not correct for what you are discussing here. Once the visa is approved the immigrant has 6 months to use it, once the immigrant has entered the country the K1 is null and void - the status is derived off of the I-94. You must marry within 90 days however there is no time set for applying for AOS.