K! AOS Help

[hilton 0]

Hi

everyone I need some help regarding AOS, We have not filled for AOS because of the cost and it coming up on a year and we have the money saved up now. But after my wife got here we inguired about how long we had to send in the AOS packet and no one could give us a the answer. we asked the local imagration office and my congressman and was told just do it as soon as you can. I also tried to look it up but could not find anything that gave us a deadline to file... untill recently (now that we have most of the money saved up) I had to redo the packet because the documents have been updated and when I inquired on the visajourney site I found out that it has to be completed within a 180 day period or you become inelagable!!! Now Im worried its going to cause us some big problems!!!

Does any one know of anyone taking this long to apply and know what happened,

does anyone have any suggestion or advice

Thanks

[Bobby+Umit 161]

Your wife is out of status. This could cause issues with ICE.

However, you can still file for the AOS.

I would recommend you do not bother with the AP, with over one year of overstay (from the date of the I-94), even with the ap granted, she would eligible for a ban upon return to the US.

Once you apply and get the NOA - her status will be changed to "adjusting" - and issues with ICE are decreased, if not eliminated.

(status is what you want to protect, and the I-94 governs your legal status in the US)

So file now and get that NOA - it usually takes a few weeks to get the NOA, then 3+ months to get some paperwork back.

[Anh map 2,098]

Also, be sure to budget for another exam with a civil surgeon also as it will be over a year since the exam done at the time of the K1 petition.

[Bobby+Umit 161]

Also, be sure to budget for another exam with a civil surgeon also as it will be over a year since the exam done at the time of the K1 petition.

Ah yes, I forgot about that one, another problem with the "no timeframe/deadline" to file for aos gotcha's!

[NCWife 0]

First of all.... relax!

I filed late as well due to some financial issues. Let me give you a brief timeline. My I-94 was expired on 9/14/08. I filed for AOS early September 09 and got my GC approved in November 09. As you can see, I filed one year late.

I only filed for I-485 and EAD. I didn't bother with AP since I can't travel anyways. I researched on the Civil Surgeons around my area and found the cheapest and the most honest one to do my full medical again. I paid $230 for everything (blood work, Tdap shot, Tb Skin Test and physical) I filled out the forms and included all the requirements like everyone else. Nothing extra, nothing special. I had a RFE because my fingerprint card was illegible by the FBI. But that has nothing to do with filing late. So no worries.

Just gather everything together and file as soon as possible. Don't wait any longer!

Good luck.

Cheers.

[hilton 0]

First of all.... relax!

I filed late as well due to some financial issues. Let me give you a brief timeline. My I-94 was expired on 9/14/08. I filed for AOS early September 09 and got my GC approved in November 09. As you can see, I filed one year late.

I only filed for I-485 and EAD. I didn't bother with AP since I can't travel anyways. I researched on the Civil Surgeons around my area and found the cheapest and the most honest one to do my full medical again. I paid $230 for everything (blood work, Tdap shot, Tb Skin Test and physical) I filled out the forms and included all the requirements like everyone else. Nothing extra, nothing special. I had a RFE because my fingerprint card was illegible by the FBI. But that has nothing to do with filing late. So no worries.

Just gather everything together and file as soon as possible. Don't wait any longer!

Good luck.

Cheers.

Thanks everyone for your responses this makes me feel better, you don't want to go through the whole K1 process and endure all that comes with it, she finally gets here and then get screwed by a technacallaty because no one (offical) can give you the straight or correct answer!

if any oneelse has anything to add please keep them coming

[Leafgal 3]

I too was out of status (Over a year, check my timeline) and didn't apply right away. Did not apply for AP being that I was late and it was approved fine. So relax and file as soon as you can.

Edited January 11, 2010 by Leafgal

[hilton 0]

I too was out of status (Over a year, check my timeline) and didn't apply right away. Did not apply for AP being that I was late and it was approved fine. So relax and file as soon as you can.

Sorry but what is AP??

[deer 1]

Sorry but what is AP??

It is Advanced Parole, and it allows you to re-enter the U.S. if you leave, while still waiting for your Green Card.

[hilton 0]

It is Advanced Parole, and it allows you to re-enter the U.S. if you leave, while still waiting for your Green Card.

Thanks

[chiea 0]

3 yrs banned if 180 days over stay, even with AP. How about if you already have a green card, are you still banned?

[NCWife 0]

I believe when you apply for your AOS and get your GC, your overstay is pardoned. With the green card, you are fine to travel and return to the USA.

Cheers.

3 yrs banned if 180 days over stay, even with AP. How about if you already have a green card, are you still banned?

[kevin@anna 7]

.im sorry.when i applied for the k1 visa for my now wife i did all the required research and made sure i had enough funds to cover all our expenses.why is it that so many men petition there fiancees/wifes without having the money to cover expenses.i do agree that things happen(medical bills,etc etc do come up)however,some just plainly dont think of the entire costs associated with this process.i wish you the best of luck on your aos and know it will work out.

[NCWife 0]

Well... I can tell you from my experience and I am sure many can relate to that.

My husband did save up more than enough for my AOS and I even brought some money with me when I came here. I came in June 2008, just when everything started going down hill in the American economy. My husband owns an auto business and that went down from making $1000 a week to making nothing. No one wants their car painted when times are bad. The dealerships he had business with were all closing down one by one. With no income, we still needed to eat, pay the bills, pay rent, this and that. Our famiy in Michigan didnt do too well either , many got laid off, pay cuts etc and borrowing money from them was totally out of the question. So, we figured we had to use the AOS fund, that we put aside to pay whatever that was more important at that time like having a place to live, food on the table etc. While trying to save his business, my husband also went out searching for a job and competing with thousands of job seekers, it wasn't easy. In the end, he went into law enforcement because that was one of the industries that was hiring and didn't require special skills or experience. Took a few months to save up and did my AOS.

So, I would like to say, we do think about the big picture but sometimes things don't happen according to plan.

Cheers.

.im sorry.when i applied for the k1 visa for my now wife i did all the required research and made sure i had enough funds to cover all our expenses.why is it that so many men petition there fiancees/wifes without having the money to cover expenses.i do agree that things happen(medical bills,etc etc do come up)however,some just plainly dont think of the entire costs associated with this process.i wish you the best of luck on your aos and know it will work out.

Edited January 11, 2010 by NCWife

[chiea 0]

I believe when you apply for your AOS and get your GC, your overstay is pardoned. With the green card, you are fine to travel and return to the USA.

Cheers.

Thank you so much NCWIFEY..no worries now