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Marc & Solika

Advise needed About AOS and AP

By Marc & Solika in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Marc & Solika Explorer

Marc & Solika   1

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Filed: K-1 Visa Country: Cambodia
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My fiancee arrived from Cambodia in March. We will be married soon and within the 90 day requirement. My situation is this: I lost my job just before she got here and money is tight now. I won't be able to file for AOS and AP until a later date due to financial reasons. Will this cause a problem that I will be filing after her I-94 has expired? Will there be any other problems by not filing soon after we are married? Is there a time limit before filing for AOS and AP? As always , thanks for any help you may provide!

Marc

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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My fiancee arrived from Cambodia in March. We will be married soon and within the 90 day requirement. My situation is this: I lost my job just before she got here and money is tight now. I won't be able to file for AOS and AP until a later date due to financial reasons. Will this cause a problem that I will be filing after her I-94 has expired? Will there be any other problems by not filing soon after we are married? Is there a time limit before filing for AOS and AP? As always , thanks for any help you may provide!

Marc

AP problems will begin if you file beyond 180 days from the expiration of the I-94

YMMV

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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My fiancee arrived from Cambodia in March. We will be married soon and within the 90 day requirement. My situation is this: I lost my job just before she got here and money is tight now. I won't be able to file for AOS and AP until a later date due to financial reasons.

Will this cause a problem that I will be filing after her I-94 has expired?

No.

Will there be any other problems by not filing soon after we are married?

Yes, she will be out of status, even though you are married, this can cause issues with ICE/CBP checkpoints.

Is there a time limit before filing for AOS and AP?

Your suppose to do it before you go out of status. As pointed out above, if your out of status more than 180+ days from the end date of your I-94, you should not use the AP, even if issued, since you will be hit with a ban on return. Your status isn't "pending" till you have the NOA for the AOS.

As always , thanks for any help you may provide!

Marc

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

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Otto Grand Master

Otto   83

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Filed: Lift. Cond. (apr) Country: Germany
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This would be one of those times when friends/family should be called upon for some assistance - We all know things get tight and most folks don't want to (or can not) impose on others but if you can, you should try.

Another possible option would be to ask for/apply for a Fee Waiver.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

:thumbs:

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