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

[tacq 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.

I didn't just "forget" to file. I didn't have the money. Now why is this relevant? I just didn't file and now I am in trouble and I'm writing here to look for help, not someone to lecture me.

As for the "taking work illegally" yes, I know I was doing something wrong. But when your income is not enough to support your family, and you have a 6mo baby that can't just go to bed with an empty stomach, then you have to do whatever it takes to put food on the table. And that's exactly what I did. And you know what, I'll do it again if I had to.

I asked a simple question, so if you cannot say anything helpful about it, then please don't say a thing. People should stop being judgmental for goodness sake!

For all the rest that replied, THANKS A LOT! You have all been really helpful!

[tacq 0]

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.

Thank you very very very much, Best thing I have ever read on my case! I am still going to get a consultation with an attorney, so I get all the legal advice before doing anything, But what you just wrote makes perfect sense!

[Luke and Deanna 0]

I was merely trying to understand how you managed to go two years without filing. Yes it is frustrating when people work illegally when others are trying to do the right thing, and for you to say that you would do it again only makes it worse.

My wife works part time and I have only just got my EAD approved and things are very difficult financially, yet I do not work illegally. Although we do not have any children to worry about as we want to wait till we are in a better position. This is not a 'my situation is worse than yours' as this process is difficult on lots of couples.

I agree the fee to file AOS is crazy but I knew ahead of time that I would need it, it wasn't a surprise when I got here.

Why is it relevant? I was just trying to get a better understanding of your situation.

I hope that you get this issue resolved.

Good luck.

[AussieKat 0]

Thank you very very very much, Best thing I have ever read on my case! I am still going to get a consultation with an attorney, so I get all the legal advice before doing anything, But what you just wrote makes perfect sense!

Hi

I know my situation is different to yours as I came in on a B2 visa.....However I was out of status for 10yrs due to a number of reasons which I don't think I need to disclosure in a public forum. my thoughts to you is ASAP file your papers.....It will be a huge relief when you do.....Even if it means your pending it is much better then been out of status. If you would like to message me to talk more privately please don't hesitate......Best of luck

Kat

[cleo_fe 0]

i have almost the same situation with yours. i arrived here in the U.S. on July 19,2007, got married within the 90 days but we file the AOS on May 14, 2009, it took us more than a year to file the papers then i had my interview last December 21, 2009 and i didn't get approve nor denied but my papers was depending and they ask more evidences and medical, and so i did sent back everything papers/documents that i can send to them with photo copies, and i got my welcome letter yesterday and waiting for my gc to arrive.

you will not be deported as per say, we got married legally even if are out of status though we will be idle since we can't work cause we don't have the AED, you will do fine, just file your AOS when you can though cause it's a nice feeling for us to have all documents in hand.

[Kathryn41 3,205]

cleo_fe - Congratulations on your approval. I am sure your post is the type of information the OP wants to hear as well.

[tulum 0]

Wow- you seem to know alot about this. im kinda in the same boat, filing late- not THAT late but our I-94 expired last month. its nobody's business why but 2 reasons kept us from filing 1. she was so homesick, i thought she might want to go home, and 2. filing fee-money was very tight. i want to make sure i understand you correctly. even if we go ahead and file, she still cant leave the country til she has the green card? used to be you could travel as long as you had a I-131 stamp in your passport and travelled with a copy of your marriage license. has that changed? and if thats the case, can she travel once its accepted or does she have to wait til she has green card in hand. She's eager to visit family.

curious

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.

[HeatDeath 430]

Wow- you seem to know alot about this. im kinda in the same boat, filing late- not THAT late but our I-94 expired last month. its nobody's business why but 2 reasons kept us from filing 1. she was so homesick, i thought she might want to go home, and 2. filing fee-money was very tight. i want to make sure i understand you correctly. even if we go ahead and file, she still cant leave the country til she has the green card? used to be you could travel as long as you had a I-131 stamp in your passport and travelled with a copy of your marriage license. has that changed? and if thats the case, can she travel once its accepted or does she have to wait til she has green card in hand. She's eager to visit family.

curious

Once you have entered the country on a K-1 visa, you cannot leave the country until you have a advance parole document in your hand. I don't believe I've heard of an I-131 stamp. An I-131 is the form you file to get an advance parole document. You include the completed I-131 and it's accompanying evidence in the envelope with your green card application. There is no extra fee if it is filed with the green card application. An I-551 is a green card. Some people, if they have to travel in an emergency between when their green card is approved and when the green card arrives, get an I-551 stamp in their passport, showing that they are permanent residents who happen not to have a card yet. If your green card has not yet been approved, and you need to travel because of an emergency (dying relative is the minimum severity they will accept, I think, and they require proof for that) you can schedule an InfoPass meeting to get your advance parole application expedited. I think in this case though, you still get a physical advance parole document, and not just a stamp.

To repeat, do NOT leave the country until you have an advance parole document in your hand! Simply having the approval notice is NOT enough to get you back into the US!

Edited February 1, 2010 by HeatDeath

[HeatDeath 430]

Sorry. I meant to say:

If your green card advance parole document has not yet been approved, and you need to travel because of an emergency (dying relative is the minimum severity they will accept, I think, and they require proof for that) you can schedule an InfoPass meeting to get your advance parole application expedited.

This assumes, of course, that you applied for an AP document at the time you applied for your green card. If you did not, I'm pretty sure you can apply for an emergency advance parole document at the meeting and they can approve it then and there, assuming, of course, that it's an actual emergency that you can prove and document. Homesickness, sad to say, probably won't be enough, and you'll have to wait until the advance parole document is approved normally.

Edited February 1, 2010 by HeatDeath

[folinskyinla 0]

Ok, my situation is a bit complicated..

Please describe what is "complicated" by your case? File for adjustment. I-485 and supporting documents. Although the regulations say otherwise, the CIS thinks an I-864 is required -- so that is the only thing your husband will have to sign.

[VanessaTony 3,567]

Wow- you seem to know alot about this. im kinda in the same boat, filing late- not THAT late but our I-94 expired last month. its nobody's business why but 2 reasons kept us from filing 1. she was so homesick, i thought she might want to go home, and 2. filing fee-money was very tight. i want to make sure i understand you correctly. even if we go ahead and file, she still cant leave the country til she has the green card? used to be you could travel as long as you had a I-131 stamp in your passport and travelled with a copy of your marriage license. has that changed? and if thats the case, can she travel once its accepted or does she have to wait til she has green card in hand. She's eager to visit family.

curious

What hasn't been mentioned is, if she decides to travel using the AP (before the GC is approved) but are over 180+ days over your I-94 date then she will not be permitted to re-enter and will be banned for 3 years. Overstay or out-of-status days are forgiven once the GC is APPROVED but until then you are still at risk.

Apply for AOS ASAP.

[Starburst 4]

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

I did adjust and everything couldn't have gone better. I submitted in July and was approved in September.

It was 3 years, 2 months after entered the US.

All I can say, is that it was scary not knowing if I could be deported or not.

But sometimes, things happen and I completely understand why people don't. They get scared,

don't have money or other personal problems.

Just adjust your status, ASAP and everything should work out. Clearly you have a real relationship, two children

and a life here in the US. Just gather as much evidence as you can, and believe in your relationship!

- Starburst