Past time for AOS - Please help

[Ken1 0]

Dear Friends at VJ,

I think I've made a mistake in that it's been 5 months since my wife and her daughter entered the US on a K1 visa and I haven't applied for AOS.

My wife and I were married right away when she got here, we had a baby shortly thereafter and have been doing great! Things got really busy and I didn't realize that I needed to do the AOS so quickly (I know, this is really stupid of me not to be more careful of this). I hired a lawyer for the K-1 visa part (my at-the-time fiance was pregnant and I didn't want to take any chances). I figured I'd do this part on my own (my lawyer wanted to charge me much more for the AOS than for the K-1) but now I'm concerned. Should I hire the lawyer again? Am I screwed?

Please help!!!

Thanks!

[TayRivers 4]

Dear Friends at VJ,

I think I've made a mistake in that it's been 5 months since my wife and her daughter entered the US on a K1 visa and I haven't applied for AOS.

My wife and I were married right away when she got here, we had a baby shortly thereafter and have been doing great! Things got really busy and I didn't realize that I needed to do the AOS so quickly (I know, this is really stupid of me not to be more careful of this). I hired a lawyer for the K-1 visa part (my at-the-time fiance was pregnant and I didn't want to take any chances). I figured I'd do this part on my own (my lawyer wanted to charge me much more for the AOS than for the K-1) but now I'm concerned. Should I hire the lawyer again? Am I screwed?

Please help!!!

Thanks!

There is no deadline fore filing for AOS after getting married on a K1. The guidelines are that you should file as soon as you can. Once the 90 days allowed on the I-94 have pasted then you are out of status and it is by filing the AOS that puts your status as pending. If you were to be out of status for 180 days and you then left the US (even with AP) you could be denied re-entry ans baned for 3 years.

You have been very busy since your arrival what with a new baby and all, but you should file as soon as youe can.

Good Luck

[MIDUVIL 34]

hi,

Normally there is no deadline, however I read that some people had big troubles if they are caught.

So be in hurry to fill out all the papers (you can do it by yourself- read on VJ and ask them for help). When she will receive her NOA1- she can breathe more easily.

Good luck

[Linkin 0]

You can apply for AOS on your own...Its easy to do...ask me i will give ya checklist of what you need to gather and fill for AOS...

AGain every individual case is different so as yours....You are out of status for 180, so if you get your EAD/AP, dont think to travel, you will not be coming back to US and may be banned for 3 years...

Cheers mate and Welcome to AOS

ALI

[Ed+Cindy 1]

Just file ASAP.

Depending when the medical was down overseas, you may need a new one. They are good for one year only. Sometimes people who wait to file AOS end up needing a new medical.

I also suggest you don't leave the country until the spouse has their green card. AP is not a guarantee for re-entry and with out of status days, it could be a problem.

No lawyer needed, read the guides here.