over the 90 days

[papajeff 0]

I posted this before but did not get a solid answer. My fiance got here in March on K1 we go married 50 days later. I was wanting to know because she was wanting to travel home to see parents now what would be next step. should i proceed with AOS I was told that I waited to long and that now the process would be long and grueling. My friend just paid a 1000 dollars and still is having problems and filed his papers within the 90 days period. where to go?

[Nik+Heather 121]

I posted this before but did not get a solid answer. My fiance got here in March on K1 we go married 50 days later. I was wanting to know because she was wanting to travel home to see parents now what would be next step. should i proceed with AOS I was told that I waited to long and that now the process would be long and grueling. My friend just paid a 1000 dollars and still is having problems and filed his papers within the 90 days period. where to go?

If your wife overstays her visa, then it is indavisable to leave the country (even with AP) I don't know for sure the time, but it's probably something like 180 days. By not adjusting status within the 90 days after entry, she has been accumulating overstay time. It is usually forgiven, but the downsides to making that mistake are that she may not be allowed back in if she leaves, and could face difficulties if she comes into contact with law enforcement. She certainly shouldn't leave without filing for AOS, because then you will definitely have to start the process all over again.

Your next step and top priority should be to file for AOS ASAP. I would advise you to postpone voluntary international travel until after the AOS is approved.

[Dakine 26]

I posted this before but did not get a solid answer. My fiance got here in March on K1 we go married 50 days later. I was wanting to know because she was wanting to travel home to see parents now what would be next step. should i proceed with AOS I was told that I waited to long and that now the process would be long and grueling. My friend just paid a 1000 dollars and still is having problems and filed his papers within the 90 days period. where to go?

Process is the same no matter when you file.

Best to submit the I-485, I-131 and the I-765 ASAP. That way she can get her AP and travel.

[thepizzadude 26]

You need to file AOS it will not be any different or longer than if you had filed it in the 90 day period before the I-94 expired. Many people have waited much longer and sailed through the AOS procedure. The problem is if she leaves the country now she will not be allowed to re-enter, once you have AP it should be ok to leave the country BUT not until then.

[redglasses 1]

You need to file AOS it will not be any different or longer than if you had filed it in the 90 day period before the I-94 expired. Many people have waited much longer and sailed through the AOS procedure. The problem is if she leaves the country now she will not be allowed to re-enter, once you have AP it should be ok to leave the country BUT not until then.

Your wife can technically leave the US without AP, but you have to petition her immigrant visa (this time K3 or CR1) while she remains abroad.

This is not practical at all, so file AOS, EAD and AP as soon as possible.

[Gary and Alla 3,694]

I posted this before but did not get a solid answer. My fiance got here in March on K1 we go married 50 days later. I was wanting to know because she was wanting to travel home to see parents now what would be next step. should i proceed with AOS I was told that I waited to long and that now the process would be long and grueling. My friend just paid a 1000 dollars and still is having problems and filed his papers within the 90 days period. where to go?

File the AOS as soon as possible. The problems your friend is having is not related to the timing (obviously) and may not have any affect on your case. You need to get the AOS filed within 180 days of the expiration of the I-94 or you can start to incur penalties. The sooner you get it filed the sooner your wife can travel. If you file NOW and do not wait any longer, I doubt it will have any affect on your case

[papajeff 0]

I posted this before but did not get a solid answer. My fiance got here in March on K1 we go married 50 days later. I was wanting to know because she was wanting to travel home to see parents now what would be next step. should i proceed with AOS I was told that I waited to long and that now the process would be long and grueling. My friend just paid a 1000 dollars and still is having problems and filed his papers within the 90 days period. where to go?

File the AOS as soon as possible. The problems your friend is having is not related to the timing (obviously) and may not have any affect on your case. You need to get the AOS filed within 180 days of the expiration of the I-94 or you can start to incur penalties. The sooner you get it filed the sooner your wife can travel. If you file NOW and do not wait any longer, I doubt it will have any affect on your case

how do i do all three processes at once

[Kathryn41 3,205]

Your next step is to file the I-485 Application to Adjust Status from a non-immigrant K-1 visa to a Permanent Resident. At the same time as you file the I-485 you will also submit an I-131 Application for Travel Document, aka "Advance Parole". This document - which should take approximately 90 days to process after the application is received - is the one that will allow your wife to travel AND return to the US. If she leaves the US without it, she will not be allowed back in until you start the immigration process all over again with a spousal visa and she receives the CR-1 or K-3 plus you would forfeit the AOS fee. At the same time you will also submit the I-765 application for Employment Authorization which will also take about 90 days to process and will give her an EAD, which will allow her to work if she wishes. Along with these three documents you also need to submit an I-864 Affidavit of Support document which shows you earn at least 125% of the poverty level for a household of your size. Treat each application separately when you gather evidence - ie include separate photos for each, etc., but include all of them together in the same envelope with the cheque for $1010.

The time it takes to process the AOS depends more on the work loads of individual service centers, the results of the security checks that need to be done, and how complete the evidence is that you include with your package. Submitting the application after the 90 days expires or before the 90 days expires has absolutely NO bearing on how fast or how slow the application is processed. What is affected, though, is your wife's legal status in the US. Once the I-94 expires she is out of status and no longer legally living in the US until you file the AOS.

Once you submit the package, you will receive a receipt known as the NOA1 (Notice of action1). Shortly after that you will receive a biometrics appointment letter for your wife to have her fingerprints and her photo taken. Usually, the AP and the EAD arrive before the AOS - within 90 days - and the AOS arrives after that. It can take as short as 3 months to as long as 2 years to do the AOS and that is not dependent on when you filed it, but on the individual circumstances of each separate application.

Regardless, you need to file AOS ASAP because your wife is now out of status, and even if she does get the AP, once she is out of status by 180 days she cannot use the AP to travel because they still will not let her back in to the US and she will be barred from returning for 3 years, unless you file additional documentation for a waiver. So, if she does have 180 out of status days, she would not be able to travel safely until after the AOS is approved and she receives her Green Card.

By waiting this long to file you have already put your wife at risk of deportation. The longer you wait, the greater risk she is in. The K-1 only gives her permission to enter the US, get married and apply to adjust status. It does not give her permission to live in the US - that is what the AOS application is for. You now need to apply for permission for your wife to remain in the US - so get that AOS in now. It is your highest priority.

Edited September 19, 2009 by Kathryn41

[papajeff 0]

Your next step is to file the I-485 Application to Adjust Status from a non-immigrant K-1 visa to a Permanent Resident. At the same time as you file the I-485 you will also submit an I-131 Application for Travel Document, aka "Advance Parole". This document - which should take approximately 90 days to process after the application is received - is the one that will allow your wife to travel AND return to the US. If she leaves the US without it, she will not be allowed back in until you start the immigration process all over again with a spousal visa and she receives the CR-1 or K-3 plus you would forfeit the AOS fee. At the same time you will also submit the I-765 application for Employment Authorization which will also take about 90 days to process and will give her an EAD, which will allow her to work if she wishes. Along with these three documents you also need to submit an I-864 Affidavit of Support document which shows you earn at least 125% of the poverty level for a household of your size. Treat each application separately when you gather evidence - ie include separate photos for each, etc., but include all of them together in the same envelope with the cheque for $1010.

The time it takes to process the AOS depends more on the work loads of individual service centers, the results of the security checks that need to be done, and how complete the evidence is that you include with your package. Submitting the application after the 90 days expires or before the 90 days expires has absolutely NO bearing on how fast or how slow the application is processed. What is affected, though, is your wife's legal status in the US. Once the I-94 expires she is out of status and no longer legally living in the US until you file the AOS.

Once you submit the package, you will receive a receipt known as the NOA1 (Notice of action1). Shortly after that you will receive a biometrics appointment letter for your wife to have her fingerprints and her photo taken. Usually, the AP and the EAD arrive before the AOS - within 90 days - and the AOS arrives after that. It can take as short as 3 months to as long as 2 years to do the AOS and that is not dependent on when you filed it, but on the individual circumstances of each separate application.

Regardless, you need to file AOS ASAP because your wife is now out of status, and even if she does get the AP, once she is out of status by 180 days she cannot use the AP to travel because they still will not let her back in to the US and she will be barred from returning for 3 years, unless you file additional documentation for a waiver. So, if she does have 180 out of status days, she would not be able to travel safely until after the AOS is approved and she receives her Green Card.

By waiting this long to file you have already put your wife at risk of deportation. The longer you wait, the greater risk she is in. The K-1 only gives her permission to enter the US, get married and apply to adjust status. It does not give her permission to live in the US - that is what the AOS application is for. You now need to apply for permission for your wife to remain in the US - so get that AOS in now. It is your highest priority.

[/quote thanks for very detailed response i ppreciate so the packge of forms does not come all together? and where should I start,

[thepizzadude 26]

thanks for very detailed response i ppreciate so the packge of forms does not come all together? and where should I start,

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

This is best place to start.