never filed AOS

[rogail 2]

i just want to ask for my friend.

She came here on K-1 visa, got married within the 90 days, and it's already been more than 2 years and her husband never filed her AOS.

Will she be deported? Will she still be able to adjust her status?

Thanks

Rogail

[rsn 135]

i just want to ask for my friend.

She came here on K-1 visa, got married within the 90 days, and it's already been more than 2 years and her husband never filed her AOS.

Will she be deported? Will she still be able to adjust her status?

Thanks

Rogail

Will she be deported? Possibly. (www.visajourney.com/forums/topic/229469-how-long-do-i-have-to-file-for-aos/)

Is she able to adjust status? Yes.

Edited January 12, 2011 by rsn

[Barbara J 115]

i just want to ask for my friend.

She came here on K-1 visa, got married within the 90 days, and it's already been more than 2 years and her husband never filed her AOS.

Will she be deported? Will she still be able to adjust her status?

Thanks

Rogail

Tell them to file AOS ASAP. It should be done before I-94 expires but some do wait and it still get s approved but tell them no more waiting get it done now.

[canadian_wife 1,822]

She is subject to deportation at the moment because she does not have any legal status in the US. If she is pulled over or ever encounters an immigration check point (or travels out of the country) she may have big issues

Good luck

[JimVaPhuong 4,863]

i just want to ask for my friend.

She came here on K-1 visa, got married within the 90 days, and it's already been more than 2 years and her husband never filed her AOS.

Will she be deported? Will she still be able to adjust her status?

Thanks

Rogail

Is she still married to the K1 visa petitioner?

[rogail 2]

Is she still married to the K1 visa petitioner?

Yes, she is still married to her petitioner. I don't know why they haven't already filed AOS.

I told her she needs to file ASAP.

Thanks everyone

[TracyTN 237]

And also tell her not to leave the US under any circumstances.

[milimelo 4,477]

Shouldn't they also file I-130 with AOS? I thought that was the guidance for those who married within 90 days on K1 but didn't file AOS for a long time.

[rogail 2]

Shouldn't they also file I-130 with AOS? I thought that was the guidance for those who married within 90 days on K1 but didn't file AOS for a long time.

I don't know..Does she also have to file I-130?

I don't knoiw why they have waited so long and never filed AOS

[YuAndDan 153]

Shouldn't they also file I-130 with AOS? I thought that was the guidance for those who married within 90 days on K1 but didn't file AOS for a long time.

I don't know..Does she also have to file I-130?

I don't knoiw why they have waited so long and never filed AOS

Nope, I-130 not needed in this case, can still adjust status based on K-1 status.

Moving this to the AOS forum..

[baron555 934]

Tell them to file AOS ASAP. It should be done before I-94 expires but some do wait and it still get s approved but tell them no more waiting get it done now.

Lots of misinformation. There is no tome requirement within which to file AOS. None.

Yes it's suggested to be done sooner than later but there is no time requirement.

[rsn 135]

Lots of misinformation. There is no tome requirement within which to file AOS. None.

Yes it's suggested to be done sooner than later but there is no time requirement.

http://travel.state.gov/visa/temp/info/info_1298.html

[Barbara J 115]

Lots of misinformation. There is no tome requirement within which to file AOS. None.

Yes it's suggested to be done sooner than later but there is no time requirement.

well does it not mean that the longer you leave it she has no status? Can't travel and so on. SO many here say it's not an issue and no time line which I know is true but the longer you leave it the longer you have no status here is USA? And some say here it is advised to do before I-94 is expired/

[YuAndDan 153]

http://travel.state..../info_1298.html

From this link:

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

One note: if and when AOS is filed and approved, if it happens after 2 years of marriage, the resulting green-card would be a 10 year un-conditional card, skipping the removal of conditions on a 2 year card.

[rsn 135]

well does it not mean that the longer you leave it she has no status? Can't travel and so on. SO many here say it's not an issue and no time line which I know is true but the longer you leave it the longer you have no status here is USA? And some say here it is advised to do before I-94 is expired/

The deadline to file for AOS is before the expiration of your I-94. However, you are still able to adjust status after your I-94 has expired, but it is risky for the reasons stated in the link I posted. YuAndDan highlighted a specific passage that describes this.