I-94 expired almost two years ago and DID NOT file for AOS

[tacq 0]

Ok, my situation is a bit complicated..

I entered the country with a K1 visa on May 13 2008, got married within the 90 days required but never did the AOS. Now I'm reading that I have to apply for the removal of conditions of residency before may 2010, exactly 2 years after I entered the US. I didn't apply for a conditional green card in the first place, and I was also told that i might as well wait until I could apply for the permanent green card instead, boy was i wrong! So I want to know what can be done as I believe being out of status means I can be deported. I do have a military ID to show though, and I also have my SS card.

My husband is in Iraq right now. We have 2 children, and I am in fear I can now be deported back to Venezuela. I know pretty well that not knowing the law is not an excuse, I should have known better, I should have applied on time, etc.. But I didn't so now I am in trouble and I don't know if there's something I could do.

Thanks in advance for your help!

[Anh map 2,098]

You need to adjust your status. Currently you are out of status and you should not travel outside the US.

A consultation with an immigration attorney would probably be a good idea. That should get you good advice based on the specifics of your situations.

Best of luck.

[tacq 0]

I forgot to mention that even though i was not given a temporary EAD at POE, i still accepted employment but was released due to my pregnancy.

[VanessaTony 3,567]

Ok, my situation is a bit complicated..

I entered the country with a K1 visa on May 13 2008, got married within the 90 days required but never did the AOS. Now I'm reading that I have to apply for the removal of conditions of residency before may 2010, exactly 2 years after I entered the US. I didn't apply for a conditional green card in the first place, and I was also told that i might as well wait until I could apply for the permanent green card instead, boy was i wrong! So I want to know what can be done as I believe being out of status means I can be deported. I do have a military ID to show though, and I also have my SS card.

My husband is in Iraq right now. We have 2 children, and I am in fear I can now be deported back to Venezuela. I know pretty well that not knowing the law is not an excuse, I should have known better, I should have applied on time, etc.. But I didn't so now I am in trouble and I don't know if there's something I could do.

Thanks in advance for your help!

I'm not ENTIRELY sure but at the very least you should apply for AOS ASAP. I know you're at risk right now, as you are out of status. But applying for AOS will not make you get deported simply because you filed late. The only issue is whether you'll get your 2 year condition card right away, or whether you'll be given a 10 year card because it's 2 years from marriage. Someone else should be able to answer that.

Fear not. It WILL be okay.

[tacq 0]

You need to adjust your status. Currently you are out of status and you should not travel outside the US.

A consultation with an immigration attorney would probably be a good idea. That should get you good advice based on the specifics of your situations.

Best of luck.

Thank you very much for replying. I already wrote to several attorney's offices to at least get a free consultation on the matter. The AOS package is ready to be sent, but I don't know if I should just send it to get the conditional GC even though at this time I should be applying for the removal of conditions.

[Anh map 2,098]

Thank you very much for replying. I already wrote to several attorney's offices to at least get a free consultation on the matter. The AOS package is ready to be sent, but I don't know if I should just send it to get the conditional GC even though at this time I should be applying for the removal of conditions.

You have not been granted residency so there are no conditions to remove. You need to gain legal residency in the US. That is the step you have not taken yet.

Part of the process for removing conditions is sending a copy of your green card. You don't have one. YOU NEED A GREEN CARD!

Spend some time making some phone calls to qualified immigration attorneys to get proper advice. Don't wait for responses to emails or regular postal mail. Some things are worth paying for and this sounds like one of those situations.

We've all seen stories on tv about immigrant military spouses having to deal with unexpected issues. Please be proactive and protect yourself and your children.

[victorious 0]

Hi I just want you to read this persons profile. Shes sharing on how she haven't filed for AOS after 3 yrs. http://www.visajourney.com/forums/index.php?showuser=70620

[diadromous mermaid 36]

The removal of conditions on the permanent residency doesn't apply in this case, since you never adjusted status from non-immigrant to permanent resident yet. Submit the AOS package, and stay put, don't leave US soil, until the decision has been made on your case.

Thank you very much for replying. I already wrote to several attorney's offices to at least get a free consultation on the matter. The AOS package is ready to be sent, but I don't know if I should just send it to get the conditional GC even though at this time I should be applying for the removal of conditions.

Edited January 31, 2010 by diadromous mermaid

[freetv 7]

I would call a lawyer, sometimes there are situations when only a prof can help. The military PLUS the two years without aos would be one of those if there are any....

[jundp 191]

Thank you very much for replying. I already wrote to several attorney's offices to at least get a free consultation on the matter. The AOS package is ready to be sent, but I don't know if I should just send it to get the conditional GC even though at this time I should be applying for the removal of conditions.

You cannot remove conditions on residency because you have never applied for or received permanent residency. Do not hesitate any longer on sending in your AOS paperwork!

ETA: just saw that Mermaid already answered this.

Edited January 31, 2010 by jundp

[sachinky 465]

APPLY FOR AOS IMMEDIATELY. I would check whether you need just the I-485 or both the I-130 and I-485. Anyone?

You can't file for ROC since you don't have residency to begin with.

[Krikit 1,164]

Moving from Progress Reports to AOS forum.

[Luke and Deanna 0]

What was your reason for not filing? I don't think you can forget something like that. It does frustrate me a little that people do this. You did all the K1 visa documents and put so much work in to get here then just stop!!

Also taking up work illegally while others (like myself) struggle while waiting for our EAD seems a little unfair.

Good Luck and I hope you get it sorted out for your family's sake.

[Kathryn41 3,205]

It really isn't relevant why they didn't apply before this. It was a poor decision but making negative judgments against her doesn't really help the situation. She and her family are the ones who has to deal with the consequences, no one else.

Since you did get married within the 90 days of entering the US on the K-1 you just need to apply for the I-485 - you don't need the I-130. If you had not got married within the 90 days but after the I-94 expired, then you would need to file the I-130 also. You can't file to remove conditions on your green card because you don't have a green card. You need to have the green card first.

Your status in the US is definitely at risk so you need to send off the I-485 asap. Don't bother with the I-131 (travel permission) because you could not use the AP even though they will issue it. If you left the US before you get your green card you will incur a 10 year ban on re-entering, so Do Not Leave. Once the AOS is accepted your status will be legal once more as 'AOS applicant". If you wish to work, also file for the I-765 (Employment Authorization Document) and make sure you have it before you work again.

Once the AOS is approved your out of status time and illegal employment will be forgiven - but not until then. Your status becomes legal when your AOS is accepted but the immigration violations are not removed until the AOS is approved.

Since you will have been married for more than 2 years when you get your green card you will receive a 10 year green card right away and will not have to file to remove conditions.

Good luck.

Edited January 31, 2010 by Kathryn41

[VanessaTony 3,567]

It really isn't relevant why they didn't apply before this. It was a poor decision but making negative judgments against her doesn't really help the situation. She and her family are the ones who has to deal with the consequences, no one else.

Since you did get married within the 90 days of entering the US on the K-1 you just need to apply for the I-485 - you don't need the I-130. If you had not got married within the 90 days but after the I-94 expired, then you would need to file the I-130 also. You can't file to remove conditions on your green card because you don't have a green card. You need to have the green card first.

Your status in the US is definitely at risk so you need to send off the I-485 asap. Don't bother with the I-131 (travel permission) because you could not use the AP even though they will issue it. If you left the US before you get your green card you will incur a 10 year ban on re-entering, so Do Not Leave. Once the AOS is accepted your status will be legal once more as 'AOS applicant". If you wish to work, also file for the I-765 (Employment Authorization Document) and make sure you have it before you work again.

Once the AOS is approved your out of status time and illegal employment will be forgiven - but not until then. Your status becomes legal when your AOS is accepted but the immigration violations are not removed until the AOS is approved.

Since you will have been married for more than 2 years when you get your green card you will receive a 10 year green card right away and will not have to file to remove conditions.

Good luck.

that's what I thought too.

Good luck!