filing AOS late

[jsand78 0]

I am so overwhelmed by this whole AOS process. I am not sure that I will be able to submit the AOS package for my husband by the time his K1/I-9 expires (December 8). My questions are: Does filing the AOS late lead to an automatic denial of AOS? Is it okay if your application is a little late? If so, how much time would be permissable? Also, do you submit the proof of a valid marriage (joint accounts, rental lease, etc.) with the application or is that submitted when you interview? I am going by the AOS step-by step guide and advice from an immigration consultant who only mentioned the required forms and vaccination certification.

Please help!

[payxibka 10,045]

I am so overwhelmed by this whole AOS process. I am not sure that I will be able to submit the AOS package for my husband by the time his K1/I-9 expires (December 8). My questions are: Does filing the AOS late lead to an automatic denial of AOS? Is it okay if your application is a little late? If so, how much time would be permissable? Also, do you submit the proof of a valid marriage (joint accounts, rental lease, etc.) with the application or is that submitted when you interview? I am going by the AOS step-by step guide and advice from an immigration consultant who only mentioned the required forms and vaccination certification.

Please help!

While it is possible to AOS without issue after the I-94 is expired... the best advice is to get it done before or if you cannot then ASAP!

[YuAndDan 153]

FAQ: 6.1)...How soon after we get married should we apply for Adjustment of Status?

[Nik+Heather 121]

There is nothing which can be said 100%. Overstays are forgiven, but the pinch is what happens between the expiration and filing. MOST people get through with no problem, but the problems that others encounter show that there are consequences out there that should light a fire under anyone whose clock is ticking.

For one couple, there was jail for over two weeks, and $25,000 in fines or bail or something. Not pleasant. Please make filing AOS your top priority. http://www.visajourney.com/forums/index.php?showtopic=229821

[jsand78 0]

oops....i meant before the K1/I-94 expires. Also, I just went on the USCIS website and it just said that you have to marry within 90 days and the AOS should be filed as soon as you get married. We just got married on Dec. 1. So how much time do we have to file?

[payxibka 10,045]

oops....i meant before the K1/I-94 expires. Also, I just went on the USCIS website and it just said that you have to marry within 90 days and the AOS should be filed as soon as you get married. We just got married on Dec. 1. So how much time do we have to file?

no set time frame... however, just understand that as soon as the I-94 expires and without the benefit of a filed I-485... you will not be able to prove "legal presence" in the USA... and if you get into a situation where the immigration status gets "checked"... you will probably not like the result of what could happen to your spouse....

Edited December 8, 2009 by payxibka

[Upsidedown 1]

you will probable like the result of what could happen to your spouse....

I think this was supposed to be "probably WON'T like the result..."

Didn't mean to be picky, but just wanted to make sure you weren't giving the wrong impression

[Elghazi2008 4]

I am so overwhelmed by this whole AOS process. I am not sure that I will be able to submit the AOS package for my husband by the time his K1/I-9 expires (December 8). My questions are: Does filing the AOS late lead to an automatic denial of AOS? Is it okay if your application is a little late? If so, how much time would be permissable? Also, do you submit the proof of a valid marriage (joint accounts, rental lease, etc.) with the application or is that submitted when you interview? I am going by the AOS step-by step guide and advice from an immigration consultant who only mentioned the required forms and vaccination certification.

Please help!

Well, my husband and I got married in May and we JUST filed for AOS on November 28...his I-94 expired May 21.... So I guess we will let you know if my husband gets deported and all that other nonsense before our paperwork is fully processed.

The rule is that you are required to be married within 90 days of his POE but there is nothing written that says you have to file for AOS. The suggestion is that you file as soon as you possibly can. I have come across couples on here that say they've waited two years before they ever filed for AOS and had no troubles with processing... I wouldn't suggest waiting THAT long though because with only one of you working, funds aren't sufficient for immigration fees and one gets really bored sitting at home with nothing to do...not to mention that at this point in time, it's pretty difficult to live on one income, full-time job or not.

Unfortunately, we could not afford AOS at the time we got married so we have had to save up money since then. Fortunately, my husband was able to find work before his I-94 expired and he has worked there right along, just putting his resignation in for next weekend because we're moving closer to my new job. We submitted a certified copy of our marriage certificate, proof of joint bank account, joint rental lease, utility bills, cell phone bills, etc. on top of pictures of our wedding and pictures of us with my family... I suppose you don't have to include all the extra things, but I prefer to as it gives our case more validity in case any questions are raised. You are REQUIRED to send a CERTIFIED copy of your marriage certificate if he entered the US on a K-1 visa....

Best of luck

Edited December 9, 2009 by Elghazi2008

[Elghazi2008 4]

There is nothing which can be said 100%. Overstays are forgiven, but the pinch is what happens between the expiration and filing. MOST people get through with no problem, but the problems that others encounter show that there are consequences out there that should light a fire under anyone whose clock is ticking.

For one couple, there was jail for over two weeks, and $25,000 in fines or bail or something. Not pleasant. Please make filing AOS your top priority. http://www.visajourney.com/forums/index.php?showtopic=229821

I encourage whoever reads this to take a look at that forum topic before reading my response:

That case is a filing of paperwork (specifically the I-130) issue, NOT an AOS issue. It is completely different for three reasons:

1) He entered on a B1 visa, which does not require filing of an I-130, meaning that the paperwork he may or may not have filed would have no validity in proving his status after marrying a USC, by which time his visa had expired.

2) He married a USC after his B1 expired and failed to file the I-130. If he had filed the I-130, which international/USC married couples are required to file (unless they've already filed I-129F fiance paperwork), he would not have had any trouble.

3) He could not have filed for AOS ANYWAY until after he had filed an I-130. Right now, he is having to file the I-130, AOS, and EAD all at once because he is in removal preceedings simply because he did not file the I-130 upon marrying his wife to begin with.

Just because you marry a USC does not mean you're clear and don't have to do the appropriate paperwork. International couples that have already filed the I-130 or I-129F are in no danger of this particular scenario because the terms of their visas are completely different from a B1.

[Elghazi2008 4]

oops....i meant before the K1/I-94 expires. Also, I just went on the USCIS website and it just said that you have to marry within 90 days and the AOS should be filed as soon as you get married. We just got married on Dec. 1. So how much time do we have to file?

no set time frame... however, just understand that as soon as the I-94 expires and without the benefit of a filed I-485... you will not be able to prove "legal presence" in the USA... and if you get into a situation where the immigration status gets "checked"... you will probably not like the result of what could happen to your spouse....

Please be aware that even an expired K-1 Fiance Visa along with a marriage certificate is proof of legal presence in the USA.

[philabride 0]

I sent my AOS about a month after I-94 expired. There has not been any problem, and within 2 months, I already got EAD, SSN.

[Hugglebuggles 60]

You don't need to submit evidence of a bonafide marriage with your application. Some do but most do not. Just because you submit evidence does not necessarily mean you won't be asked to appear for an interview, and just because you didn't submit evidence with the application it doesn't necessarily mean you will not be transferred to CSC. There are a lot of people who had an interview regardless of the evidence they sent, and many who were approved without an interview and with no relationship evidence included in their AOS filling. In my opinion its completely unnecessary, but its a personal choice.

Also, there is no need to send a certified copy of your marriage certificate. A regular photo copy will suffice. I'm not completely sure where this certified myth came from. If you read the I-485 instructions it does not ask for a certified copy and I personally know dozens of couples who were approved, without an interview, by just sending in a regular copy. We were called for an interview and I had a certified copy with me, asked the interviewing officer if he wanted it, and he said there is no need.

[TBoneTX 45,291]

...if my husband gets deported and all that other nonsense

Does the term "cavalier attitude" come to anyone's mind upon reading this?

I have come across couples on here that say they've waited two years before they ever filed for AOS and had no troubles with processing

Well, bully for them, si man! What about those who did have troubles, including unknown dozens or hundreds or thousands whom you have NOT "come across on here who say..."?

with only one of you working, funds aren't sufficient for immigration fees and one gets really bored sitting at home with nothing to do

As though this ought to be the #1 reason for filing promptly?

we could not afford AOS at the time we got married

Unless genuine tragedies occurred that emptied your bank account (or, arguably, even if they didn't), this is an example of maximally irresponsible behavior and thinking. Everyone knows (or SHOULD) that the $1,010 fee is required and due. There is no excuse not to have this $1,010 in an otherwise-untouchable account (or stuffed in a mattress) in order to be able to fulfill this known, plannable-for responsibility.

Before posting any cavalier poppycock, ask: "What is the worst possible outcome that could happen to people who followed my advice?" And, to anyone who thinks that my reply is unduly alarmist or harsh, try just one encounter with any Federal agent who won't buy excuses.

Edited December 9, 2009 by TBoneTX

[Nik+Heather 121]

Wow -

No, the person in that topic is in the same boat as your husband was for the past 6 months. NOT LEGALLY PRESENT. Your husband, without any legal presence (OR EAD!!!) shouldn't have even been working. When the I-94 expires (regardless of the visa!), there is no legal basis for remaining in the US, and others on K1s have had similar experiences when they have been caught before filing AOS - that thread just happens to most clearly lay out the consequences.

It is true that there are rarely any catches in the processing once it is filed. That isn't the answer I gave - the answer I gave is that the in-between is high stakes. The probability is low, but the stakes are high. I certainly wouldn't want Nik detained, or hefty fines/bail imposed.

[N M 96]

I am so overwhelmed by this whole AOS process. I am not sure that I will be able to submit the AOS package for my husband by the time his K1/I-9 expires (December 8). My questions are: Does filing the AOS late lead to an automatic denial of AOS? Is it okay if your application is a little late? If so, how much time would be permissable? Also, do you submit the proof of a valid marriage (joint accounts, rental lease, etc.) with the application or is that submitted when you interview? I am going by the AOS step-by step guide and advice from an immigration consultant who only mentioned the required forms and vaccination certification.

Please help!

Well, my husband and I got married in May and we JUST filed for AOS on November 28...his I-94 expired May 21.... So I guess we will let you know if my husband gets deported and all that other nonsense before our paperwork is fully processed.

Unfortunately, we could not afford AOS at the time we got married so we have had to save up money since then. Fortunately, my husband was able to find work before his I-94 expired and he has worked there right along.

Well good luck in YOUR interview Elghazi2008! Your husband was working before he even applied for his EAD. That is totally illegal and grounds for deportation. Frankly, I hope he is - the rest of us do things by the book and don't work until we have approval (missing out on months of pay) - why are you so damn special?

In fact you'll be very, very lucky if someone hasn't already reported your post to the government - you really should think before you admit ON A PUBLIC FORUM to a criminal offence.