Is it OK to delay sending AOS?

[Jan and Steve 0]

I have a question...

Will it cause problems for us if we delay sending in the AOS? We got married in March 2008, well within the three months allowed for the K-1. However, we're having difficulty scraping together the 1010 bucks for the AOS just yet. I've read that many people have waited to send it in. Is there a deadline, or somewhere it says when we have to send it in? Or can we just do it before my I-94 expires? I just don't want to screw anything up for us. Any advice you can offer is appreciated.

Thanks!

Janny

[soulprovider915 4]

I have a question...

Will it cause problems for us if we delay sending in the AOS? We got married in March 2008, well within the three months allowed for the K-1. However, we're having difficulty scraping together the 1010 bucks for the AOS just yet. I've read that many people have waited to send it in. Is there a deadline, or somewhere it says when we have to send it in? Or can we just do it before my I-94 expires? I just don't want to screw anything up for us. Any advice you can offer is appreciated.

Thanks!

Janny

I'm not sure what the rule is now. But we waited 4 1/2 years to send ours in. (Long Story) She has the EAD in her hands and we got transfered to CSC. I called immigration back in 2003 and the immigration officer (not service rep) told me there was no time limit. We even got married on day 90. I'm speaking from the past but someone may be able to answer who knows the current rules.

[Leafgal 3]

We waited for 15 months before we filed, also due to coming up with the money. The only downside is not working until you do get the EAD. I have EAD in hand and have been transferred also.

[rebeccajo 14]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

[Cassie 8]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

[cellarlily 0]

Yes, you can wait. The only requirement was that you marry within 90 days, which you have clearly met. Most people file right away to get their benefits (EAD, AP) ASAP. Take the time between now and when you have enough money to file to get all of your documents and paperwork ready.

[payxibka 10,047]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

The I-94 governs your legal presence in the USA. If your status does not "expire" then why does the I-94 have an expiration date?

[Jan and Steve 0]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

The I-94 governs your legal presence in the USA. If your status does not "expire" then why does the I-94 have an expiration date?

Thanks everyone for your help. Not worried about it so much anymore. We'll send it in as soon as we can.

Janny

[rebeccajo 14]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

The I-94 governs your legal presence in the USA. If your status does not "expire" then why does the I-94 have an expiration date?

Thanks everyone for your help. Not worried about it so much anymore. We'll send it in as soon as we can.

Janny

Well, good luck to you then!

*why did you even bother asking*

[BRIAN AND ISA 0]

I had the same question and from what I have gathered, you can file at any time as long as you got married within the 90 days. Kind of the same situation for me, started a new job right after Isa and her daughter arrived and it is 100% commission and I have been saving up the money to file for both of them which I believe is $1,010. for Isa and $600.00 for her daughter. If anyone knows if that is incorrect I would appreciate some info.. Good luck.

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

The I-94 governs your legal presence in the USA. If your status does not "expire" then why does the I-94 have an expiration date?

In case you don't get married. Once you enter into marriage you get the "limbo status" which means your here legally but you're just drifting in nothingness until you file your AOS. Your marriage certificate along with your k-1 visa (expired or not) is your status.

Edited May 14, 2008 by soulprovider915

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

[soulprovider915 4]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

[rebeccajo 14]

It's preferable to file before the I94 expires. Out of status time accrues during the lapse between that and filing.

You're never out of status as long as you are married within the 90 days. At least that's what immigration told me.

Mind being more specific as to who told you that piece of information?

An immigration officer over the phone. The service rep transfered me. I even asked what would happen to a k-1 if they didn't get married within 90 days. Here is the response, and I quote: " Oh that's ok, as long as she came here legally you have options" that is the 100% truth. I almost fell on the floor when I heard that. Here is part of my conversation with her.

Me: How long do you have to send in the AOS after you get married?

Lady: You don't have a time limit to send it in.

Me: So you mean I have until forever to send it in? (actual words)

Lady: Well I didn't say that.

Me: So there is a time limit?

Lady: No there isn't

I wish that I had recorded it. It was unbelievable. She didn't sound like she was uninformed, she was really quite quick witted with her words. After all she was the immigration officer.

No there's no 'legal' time limit.

USCIS doesn't put a time limit on negligence. If someone wants to stay in this country past their visa expiration dates, or I94W or I94 dates, the government isn't going to stop them

Because the government reserves the right to deport them later if they so choose.