Out of Status

[marshakixx1011 0]

Hi.

I have recently married my fiancee who came to the US on the K1 visa. He is currently out of status and we are waiting to apply for AOS we just simply have not found a way to pay for it. some family things have come into the picture that have not allowed us to save the money we had originally intended to save for this.

We are hoping to be able to file by the end ofthe month. Is he illegal? what could happen to him if he was for example pulled over? we are married. We just haven't been able to file yet!

Also, can you file for the EAD without filing for the AOS package in full? or is that just a ridiculous question?

Thanks for your help! just a little worried!

Liberty

I had the same situation before. We got married Dec. of last year. I didnt apply for AOS till Sept of 2010. I had my interview this morning. and i received my EAD last Nov. 21.

He is not illegal. he is out status. just make sure he dont travel outside the US because he wont be able to come back.

About the EAD, is part of the AOS application. You cant apply EAD alone.I paid $1,010.00 for my application, that includes my EAD. If you want to, you can apply for your AP too.

Hope you'll be able to have the money soon. Goodluck

[VanessaTony 3,567]

I had the same situation before. We got married Dec. of last year. I didnt apply for AOS till Sept of 2010. I had my interview this morning. and i received my EAD last Nov. 21.

He is not illegal. he is out status. just make sure he dont travel outside the US because he wont be able to come back.

About the EAD, is part of the AOS application. You cant apply EAD alone.I paid $1,010.00 for my application, that includes my EAD. If you want to, you can apply for your AP too.

Hope you'll be able to have the money soon. Goodluck

Correction. You CAN apply for the EAD alone (AP too) but you would need to pay the fee for them and they are only valid until the I-94 expires so it's basically pointless. Regardless, it IS possible to apply for EAD alone.

Also, the new AOS fee is $1070

[Juanitajuanes 0]

so you're saying it's better to file with the new address or the old one. I am still at my old one now, we were going to wait to file it for a few weeks until after we move.

Thanks so much for your help. I'll see about the civil surgeon and the 1-693.

[K and L 27]

File with your Denver address. That's where you live now. USCIS doesn't care if you moved between K1 and AOS.

(ETA: And actually, they don't really care if you move during AOS -- but be sure to mail in the physical change of address form AND update it electronically. We moved after L's RFE (for not signing the G-325 came) & sent a copy of the change with the RFE response just to make sure they had it. We got a "we have updated your mailing address" mail about a week later, and a week and a half after that, the green card arrived safe and sound.)

As far as where to send it, you should be sending it to the Chicago Lockbox according to page 5 of the current instructions as you are filing on the basis of marriage after a K1 (1.D).

For "normal" mailing:

USCIS

PO BOX 805887

Chicago, IL 60680-4120

For overnight / express shipment:

USCIS

ATTN: FBAOS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5517

Edited December 8, 2010 by K and L