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Filed: Timeline
Posted

so, sometime last year after i arrives in the US my wife and i got married and i had read that there is no rush to file for adjustment of status...but today just as we were about to get it all together, i read that i have to file before my i-94 expires.....which it did in september....am i reading something different for another visa or am i really not allowed to be here anymore.

what is the time limit to file for AOS?

thanks peeps

Filed: AOS (apr) Country: Philippines
Timeline
Posted
so, sometime last year after i arrives in the US my wife and i got married and i had read that there is no rush to file for adjustment of status...but today just as we were about to get it all together, i read that i have to file before my i-94 expires.....which it did in september....am i reading something different for another visa or am i really not allowed to be here anymore.

what is the time limit to file for AOS?

thanks peeps

generally speaking, for those in your situation that provision is largely ignored as a courtesy to the USC.

YMMV

Filed: Timeline
Posted
so, sometime last year after i arrives in the US my wife and i got married and i had read that there is no rush to file for adjustment of status...but today just as we were about to get it all together, i read that i have to file before my i-94 expires.....which it did in september....am i reading something different for another visa or am i really not allowed to be here anymore.

what is the time limit to file for AOS?

thanks peeps

generally speaking, for those in your situation that provision is largely ignored as a courtesy to the USC.

so what does that mean, im ok here or i have to get stuff sorted. im worried that il have to leave

thanks

Posted
so, sometime last year after i arrives in the US my wife and i got married and i had read that there is no rush to file for adjustment of status...but today just as we were about to get it all together, i read that i have to file before my i-94 expires.....which it did in september....am i reading something different for another visa or am i really not allowed to be here anymore.

what is the time limit to file for AOS?

thanks peeps

generally speaking, for those in your situation that provision is largely ignored as a courtesy to the USC.

so what does that mean, im ok here or i have to get stuff sorted. im worried that il have to leave

thanks

Means it is usually forgiven, but file ASAP.

You won't have to leave. Just put in the AOS. No where does it state there "is no rush to file", just protect your status by filing in a timely manner.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted (edited)

It means you are out of status right now. When you apply for AOS it does not matter

if you have overstayed or your I-94 expired at the time of application (before AOS Received date)

ONLY as long as

1) You are married to a USC AND

2) You have entered to US in a legal way (i.e. you've been inspected by a Custom Officer at POE)

Postponing AOS application has got one big disadvantage which is a deportation.

Meaning that you souldn't get caught by ICE because you are out of status & you haven't applied for AOS yet.

In your current situation, another point is that "Being married to USC does not rescue you from deportation !....."

If I were you I would file my AOS application ASAP.

GOOD LUCK !....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

Edited by Cino

"Patience is the key to the paradise (US Citizenship, in our case)"

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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