AOS....NERVOUS

[NovaLove 0]

I GOT MARRIED on the 3rd of december, HIS visa does not expire until april 12,

i know the entry card says jan27 2001 (the white card with red/ble stamp)

do we need to do the aos before the 27th of january or before the visa expires.

this worries me, BECAUSE WE HAVENT DONE IT YET......

[YuAndDan 153]

Moving to AOS forum.

Visa was NULL and VOID the moment it was used to enter the USA, all the visa's expiration date means it the last day it can be used to enter the USA nothing more.

It is the expiration date on the I-94 (90 days after entry) that is a critical date you must marry before that date not the visa expiration date.

AOS should be filed before I-94 expiration date to preserve legal presence status, however many file outside that time frame for many reasons, such as waiting for a marriage certificate.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[NovaLove 0]

so i must file the paper work for the aos before "Jan.27-2011" in my case.... atleast to have the papers in process before this date?

[VanessaTony 3,567]

so i must file the paper work for the aos before "Jan.27-2011" in my case.... atleast to have the papers in process before this date?

No. There is no deadline for filing AOS.

Once your I-94 expires (Jan 27th in your case) you are out-of-status. Whether you file AOS before or after this date doesn't matter because you're STILL out-of-status until you get your GC. You are "AOS pending" once you have filed AOS but it isn't a legal status and only means you're less likely to be deported (unlikely you will be deported), your legal status is still "out-of-status".

[NovaLove 0]

omg what a relief to hear this (well read this) lol

i was getting stressed out,

the reason for this question was b/c my fiance was trying to get an MASS I.D and they said at the registry that he can get an i.d before the january 27th date... BECAUSE THEN THEY NO LONGER CAN USE HIs passport as an I.D in USA.

so that made me ask this question. SO happy that visa journey exists! Thank you guys...

[VanessaTony 3,567]

omg what a relief to hear this (well read this) lol

i was getting stressed out,

the reason for this question was b/c my fiance was trying to get an MASS I.D and they said at the registry that he can get an i.d before the january 27th date... BECAUSE THEN THEY NO LONGER CAN USE HIs passport as an I.D in USA.

so that made me ask this question. SO happy that visa journey exists! Thank you guys...

Not a problem. My I-94 expired Dec 12th 2009 (or something) but I didn't file till April 2010 (for personal reasons) so my I-94 was definitely expired.

It IS in your best interests to file ASAP but there is no deadline. Start getting the paperwork together now (there's an AOS thread in my signature that will help you) and then file as soon as you can. Sooner you file, sooner he can get a job, sooner he can leave the country (and return) and the sooner he feels more like a regular person (and as someone who waited, trust me that the sooner he feels like that less stress you and he will feel).

Good luck!

[NovaLove 0]

My fiance just asked me a question which i actually want to know the answe r ot it to if its possible,

He was asking me if he can travel to dominican republic when he gets his green card or does he have to wait til he gets his permanent residency? (which im assuming can take up to 2yrs)

[NovaLove 0]

Not a problem. My I-94 expired Dec 12th 2009 (or something) but I didn't file till April 2010 (for personal reasons) so my I-94 was definitely expired.

It IS in your best interests to file ASAP but there is no deadline. Start getting the paperwork together now (there's an AOS thread in my signature that will help you) and then file as soon as you can. Sooner you file, sooner he can get a job, sooner he can leave the country (and return) and the sooner he feels more like a regular person (and as someone who waited, trust me that the sooner he feels like that less stress you and he will feel).

Good luck!

Thank you. im defenitly going to ake your advice.

[YuAndDan 153]

My fiance just asked me a question which i actually want to know the answe r ot it to if its possible,

He was asking me if he can travel to dominican republic when he gets his green card or does he have to wait til he gets his permanent residency? (which im assuming can take up to 2yrs)

A two year green card is permanent residency, can travel with that.

After entry on K-1 marry and adjust status, green card comes 4 to 6 months after filing to adjust status.

[MrTee12 64]

If money isn't an issue you should file as soon as you can. But I know how difficult things can be after just getting married and having a wedding.

The benefit of filing immediately after marriage is that your spouse can work, travel home, and/or go to school. Having EAD, AP, and espesically the Green card gives your spouse the legal freedom to do what they need to live here.

By the way, having a Green card means the same as Permanent Residency.

[VanessaTony 3,567]

My fiance just asked me a question which i actually want to know the answer to if its possible,

He was asking me if he can travel to dominican republic when he gets his green card or does he have to wait til he gets his permanent residency? (which im assuming can take up to 2yrs)

When he gets his greencard he can travel no problem. He does have certain "time restrictions". Try and make sure his visits are less than 6 months because any lengths of time outside the US of 6 months can be used against him to determine if he's abandoned residency. It also affects when he can apply for citizenship. If he needs to stay up to 12 months he can (I wouldn't personally but he CAN and he should continue to pay taxes in the US, pay rent and make sure it's obvious he lives in the US), but longer than 12 months he'll need a re-entry permit.

**Edit - after 6 months out the naturalisation clock is paused (so the time doesn't count) and over 12 months means the clock is reset back to 0.. this means if he stays out 13 months, and he's been a GC holder for 2 years already NORMALLY he'd be eligible for naturalisation at the 3 years of having a GC, but by resetting his clock he'll need to wait the 3 years all over again (meaning he'd have his GC for 5 years).

Edited January 6, 2011 by Vanessa&Tony

[NovaLove 0]

Thank you very much,

To everyone who is helping me figure things out from this point on with AOS,and other questions i may have during this process i appreciate all comments and advice given to me

I Love VisaJourney.com !