Its been a long long long time.......

[sandozwalker 0]

So, I've pretty much been away from this site since about March of 2008 when my husband got his K-1 Visa. In early April 2008 my husband moved to the USA & we were married on May 24, 2008 (YAY!). Well, we were SO glad that in Detroit as we were entering into the country, they actually stamped him as Employment Authorized. So, by July 1, 2008 he was working. He got a second job in October 2008 and has been with that company for a year now. His K-1 visa actually expired in July 2008.

We have been completely & horribly lazy about the AOS. We had a lawyer with the K-1, which was fantastic, but we wanted to do the AOS ourselves since we felt we had the knowledge by then. We literally just kind of ignored the AOS for a long time. We were trying to save for it, and finally by last spring of 2009 we did have the money saved & put into the form of a cashier's check. We JUST send the AOS off on Oct 2, 2009. I fear so many things.....I fear that I am 'behind the times' on everything having to do with immigration. I LITERALLY have no clue how to check the status of our AOS, I have no clue if there is anything else that I need to do at all (such as request an interview?).....

I'm so so behind. Any advice? Do we need to do anything else? Will everything 'come in the mail'? It literally all sends me into a complete panic. Thanks ahead of time...and excuse me for such a dumb question.............

[rsn 135]

So, I've pretty much been away from this site since about March of 2008 when my husband got his K-1 Visa. In early April 2008 my husband moved to the USA & we were married on May 24, 2008 (YAY!). Well, we were SO glad that in Detroit as we were entering into the country, they actually stamped him as Employment Authorized. So, by July 1, 2008 he was working. He got a second job in October 2008 and has been with that company for a year now. His K-1 visa actually expired in July 2008.

We have been completely & horribly lazy about the AOS. We had a lawyer with the K-1, which was fantastic, but we wanted to do the AOS ourselves since we felt we had the knowledge by then. We literally just kind of ignored the AOS for a long time. We were trying to save for it, and finally by last spring of 2009 we did have the money saved & put into the form of a cashier's check. We JUST send the AOS off on Oct 2, 2009. I fear so many things.....I fear that I am 'behind the times' on everything having to do with immigration. I LITERALLY have no clue how to check the status of our AOS, I have no clue if there is anything else that I need to do at all (such as request an interview?).....

I'm so so behind. Any advice? Do we need to do anything else? Will everything 'come in the mail'? It literally all sends me into a complete panic. Thanks ahead of time...and excuse me for such a dumb question.............

Why on earth did you wait so long to file AOS? Your husband has been living here out of status for 9 months not to mention working illegally the whole time!

The AOS guides provide a lot of useful information about filing for AOS. I'm hoping you read them completely before filing. If not, be prepared for a request for additional evidence from USCIS. USCIS will send you everything you need (notices, cards, etc) via USPS. Once you receive the NOA1 for your I-485, you can track the status online at USCIS.gov. Also, you will probably want to check in with the October 2009 AOS filers thread.

Also, again, your husband is not authorized to work right now. You should have filed for an EAD before he started working, and you certainly should have filed for one when you sent in your AOS app. According to your timeline, you did not do this.

Edited October 8, 2009 by rsn

[rsn 135]

So, I've pretty much been away from this site since about March of 2008 when my husband got his K-1 Visa. In early April 2008 my husband moved to the USA & we were married on May 24, 2008 (YAY!). Well, we were SO glad that in Detroit as we were entering into the country, they actually stamped him as Employment Authorized. So, by July 1, 2008 he was working. He got a second job in October 2008 and has been with that company for a year now. His K-1 visa actually expired in July 2008.

We have been completely & horribly lazy about the AOS. We had a lawyer with the K-1, which was fantastic, but we wanted to do the AOS ourselves since we felt we had the knowledge by then. We literally just kind of ignored the AOS for a long time. We were trying to save for it, and finally by last spring of 2009 we did have the money saved & put into the form of a cashier's check. We JUST send the AOS off on Oct 2, 2009. I fear so many things.....I fear that I am 'behind the times' on everything having to do with immigration. I LITERALLY have no clue how to check the status of our AOS, I have no clue if there is anything else that I need to do at all (such as request an interview?).....

I'm so so behind. Any advice? Do we need to do anything else? Will everything 'come in the mail'? It literally all sends me into a complete panic. Thanks ahead of time...and excuse me for such a dumb question.............

Why on earth did you wait so long to file AOS? Your husband has been living here out of status for 9 months not to mention working illegally the whole time!

The AOS guides provide a lot of useful information about filing for AOS. I'm hoping you read them completely before filing. If not, be prepared for a request for additional evidence from USCIS. USCIS will send you everything you need (notices, cards, etc) via USPS. Once you receive the NOA1 for your I-485, you can track the status online at USCIS.gov. Also, you will probably want to check in with the October 2009 AOS filers thread.

Also, again, your husband is not authorized to work right now. You should have filed for an EAD before he started working, and you certainly should have filed for one when you sent in your AOS app. According to your timeline, you did not do this.

Edit: your husband has been out of status for over a year.

[Kathryn41 3,205]

moved from "AOS on a work, student & Tourist visa" forum to "AOS on a family visa" forum

[sandozwalker 0]

It seems I have read over and over again that it was no emergency to file the AOS....

We truly were unaware that he was 'unauthorized' to work...as his passport was stamped as being Employment authorized. When the stamp was given, we asked several times if this meant he would be authorized to work now, and they said he was. I guess we will have to deal with the consequences of our ignorance, whatever they may be.

Thank you for the information though. We did file EAD & everything with the AOS, I just didn't apparently update my timeline correctly. I did use the AOS guides a LOT before filing. I feel rather silly for posting this now as I was apparently wrong about everything. I apologize for posting in the wrong forum.

[Rings 10]

Wow... ok I am not here to judge you or anything, but how can you both risk such a thing? He is here on a K1 visa and he never adjusted status. It says right in the instructions on the form that if you file late you have to prove that you had a valid reason for filing late and it has to be a good reason like "I was in a coma"

[Rings 10]

This thread here may help you http://www.visajourney.com/forums/index.php?showtopic=216231

[Mike's Lucy 14]

How long was the temporary working permit? I have heard some were given for 3 months but it does not actually authorized them to work, not until their EAD is approved. Also, the second company he's working, did they not asked him if he is authorized to work or show proof that? I thought it's an SOP.

[rsn 135]

How long was the temporary working permit? I have heard some were given for 3 months but it does not actually authorized them to work, not until their EAD is approved. Also, the second company he's working, did they not asked him if he is authorized to work or show proof that? I thought it's an SOP.

Correct, the stamp given at the POE for K1s does not allow the visa holder to legally work.

Also, to the original poster, please note that you must not leave the country until you receive your AP. If you do, your husband will not be allowed back into the country.

[Starburst 4]

Ack.

I'd get your husband to stop working asap!!!

Make sure he doesn't leave the country, and cross your fingers!

Good Luck!

- Star

[taisia 0]

Guys, who can explain-are K1 holders supposed to file AOS until I-94 expires? what if later?

[Nik+Heather 121]

Guys, who can explain-are K1 holders supposed to file AOS until I-94 expires? what if later?

The reason that you want to file AOS before your I94 expires is because after the I-94 expires your fiance(e) is out of status. What that means is that they become an illegal alien. Once you file AOS, the status goes to "pending adjustment" which is a legal status. If, while out of status (after I94 expires, before AOS is applied for), your fiance(e) gets into any sort of trouble with the law -- or if, indeed, even goes through a checkpoint, and is found to be out of status, they can be put in jail (likely for a few days!!!), and in the worst case, even deported.

Granted, that is a worst case, and unlikely, but do you really want to put your husband/wife through that? USCIS generally forgives being late - even quite a bit late, but until then, your spouse cannot go on with their life. They can't get a job. Travelling is risky. If there is an emergency back in their home country, they can't go. Without residency, they may not be allowed to have insurance, or go to school. It's monstrously unfair to leave them in limbo like that.

[taisia 0]

thank you Nik+Heather your explanation is rather clear

[NCWife 0]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

[Thai Rath 1]

Just to add... the EAD stamp that is received at the POE allows the visa holder to work but expires the very same day the I-94 expires. Continuation to work after the expiration of I-94 without adjusting status/EAD application is considered illegal. Have your husband quit or put his job on hold (if that's possible) and get your AOS/EAD paperwork sorted out. By the way, he needs a new medical exam too if his K-1 medical is more than a year old.

All the best. Cheers.

No, this is no longer the case; the stamp you receive at your POE is not a work authorization.