AOS Application

[MrsAmera 41]

So I've been reading and I know that it is best to submit the AOS ASAP however there is no deadline for submitting as long as your foreign spouse does not leave the country? I'm only asking because I would love to wait until August (getting married in April) to send it in as I will then have a good job/ pay etc and would make everything much easier (as well as getting the co-sponsor to sign off) However if we will encounter problems waiting I will find a way to make it work. What do you think?

[Kez/JWolf 6]

If you wait until august to file AOS you wife will be out of status from the date her K1 expires.... if you are out of status for 180 days or more there is an auto 3 year ban on re-entry so even if you filed for AP and you leave the country you will not be re-admitted... so she will not be able to leave the USA until she has her Greencard....

It would be better to file as soon after your wedding as you can and if you need a joint sponsor get one... you can always update your affidavt of support at interview time.... IMO

Kezzie

[MrsAmera 41]

Ok so if you overstay 180 days and file then if you leave on AP you will get a 3 year ban - BUT if you wait until you have your green card and leave there is no penalty? I am pretty sure we would be filling under the 180 days (maybe like 100). IS the 180 days for filing or for approval?

[kpogge89 0]

Ok so if you overstay 180 days and file then if you leave on AP you will get a 3 year ban - BUT if you wait until you have your green card and leave there is no penalty? I am pretty sure we would be filling under the 180 days (maybe like 100). IS the 180 days for filing or for approval?