AOS advanced question

[tonylovesam 8]

Can search the AOS forum, going back a year on topics? (Suggest you hit VJ from a PC, not a cell phone)

Okay ma'am/sir. Thanks anyway.

Good luck and God bless on the rest of your immigration stuff.

[William33 110]

As others have stated, there are limitations in delaying the AOS process. That said, it is OK to do so. As long as you don't need to travel outside the states, you will likely not have any issues. Unless you cannot file the AOS due to personal circumstances, you should adjust your status as soon as possible. You never know when you may need to travel back home. If you leave the US without AP or AOS completed (Green Card), you will be in for a painful process to return to the States.

In any case, good luck on your marriage!

William

Hi all!

Just a quick advanced question- how late can we apply for AOS without causing any problems?

I just want to know in advance cause I want to have some time enoying my marriage for maybe atleast the first year before sending my AOS packet to USCIS... I'm not in a rush though with this immigration thing. Just want to focus on my future family for atleast a year into the marriage. I plan to set aside these paperworks for awhile..

Does it cost any problems if I apply AOS a year after the marriage? If so, how late can I apply?

Please advice....

Thank you!

[missicy 87]

What's the hesitancy?- it's just that I love my fiance so much and doing AOS paperworks right away after marriage is I think horrible cos it shouldnt be like that. And I would also like to show respect to my fiance by doing it.

I don't know how filing for AOS would prevent you from enjoying your marriage or focusing on your future family. Doing the paperwork is nothing horrible. It's certainly not fun but maintaining your status is very important and I don't know why you would want to risk potential problems by delaying it. I'm sure you can find a few hours to do paperwork while your future husband is at work and it won't prevent you from enjoying your marriage, you will only benefit from it. AOS is just a bit of paperwork, it's got nothing to do with respect. You are showing him respect by moving to his country and marrying him and I'm sure he wants his wife to have a legal status in the US, especially since he is in the military.

[KayDeeCee 4,893]

I thought K1 visa holders are eligible to appply for SSN before applying AOS. That means, I can apply for driver's license too. I am the beneficiary.

A lot of states require you to have the EAD or green card to get a driver's license, and some states, like the one we live in, only give you a temporary license with the EAD. You have to go back with your green card to get a new license that lasts the normal time and is not marked 'Temporary'. Check the rules of your state to make sure all you would need is an SSN to get it.

Also, most people have no trouble getting on their spouse's account as joint, but my credit union has its own rules that will not allow anyone without a green card to have any account above a plain savings with no online banking or ATM card.

I am not sure how filing for AOS is not respectful to your spouse. You fill out the forms. The only one he needs to do for your AOS is the I-864 with his financial proof docs, which should not be too hard to gather, since you just went through this at the visa interview stage. If you had an emergency back home, it would be nice to have the AP in hand to be able to leave and return to the US in case something unforeseen should happen.

Sure, you CAN wait 6 months, but once your I-94 expires, you are out of status. If you are out of status for more than 180 days, you would incur a ban if you left the US for any reason. So, do not leave. You also might want to avoid border towns, as it is possible to be detained for being out of status.

[Messybrownhair 251]

Sure, but bear in mind that you wont be able to drive, work and travel. Also, you will probably have to repeat the full medical if you let it expire. its your choice. goodluck!

[joyjohn 18]

It may be a simply case of no money for the AOS?? just wondering..

[Harpa Timsah 13,258]

I thought K1 visa holders are eligible to appply for SSN before applying AOS. That means, I can apply for driver's license too. I am the beneficiary.

Very few people are able to get a Drivers License before they get their EAD or Greencard. A SSN does not automatically qualify you for a Drivers License. Most states require that you show legal presence, and without a Greencard, you don't really have a status, and won't get a Drivers License. Keep in mind a K-1 is a non-immigrant visa.

[Messybrownhair 251]

I also wanted to add that its not the actual AOS process that's stressful, its not having the GC. Filing for Aos and getting the GC actually made our marriage so much better. The whole time I was waiting I was dependent on my hubby for everything, I couldn't drive study work and I felt stuck and bored, and my husband felt frustrated that I couldn't do any of those. Now that I got my GC, I am more independent and much happier and we can finally begin our lives properly. You might want to see it that way..

Also in my state they did not let me get a DL and change my SSN and my mil id in my married name til I got my GC

[menina 50]

Yes, you should be able to get your social security number a couple of weeks after arrival in the US and then change your name on it (if you want) once you are married. Some states will allow you to get your DL without a green card or EAD card (work authorization), but some will only allow you to drive until the I-94 expires, so you will want to look in to the rules in your state. Although you will technically be out of status if you wait so long to file AOS, you will still be able to file whenever you decide. As stated before, if you wait too long, there will be additional paperwork to do, but 6 months is okay. I understand the feeling of not wanting to be burdened with additional paperwork so soon after getting married. It was a pain honestly and stressful, but it was also over with including the interview in 2 and a half months. I think for me, NOT filing AOS right away would have caused more stress in our marriage. Even though it is okay to wait to file, I was worried about my husband being stopped for some minor infraction and getting detained for not having a green card. Also, he had to have a green card to get (and keep) his driver license. Once we finished with AOS, the stress was off and we could relax. Honestly, filing for AOS is much less complicated than the K1 process. I filled out most of the forms before we were married and had everything ready to go except for gathering evidence of things like utility bills and bank accounts. That stuff had to wait until after we were married, but we still had everything sent in before his I-94 expired, so no worries on my end. Good luck with your decision, and best wishes for a happy life together.

[Dave H 12]

I thought K1 visa holders are eligible to appply for SSN before applying AOS. That means, I can apply for driver's license too. I am the beneficiary.

Regarding applying for a drivers license, I got married then sent in the A.O.S. paperwork, applied for the S.S.N then applied for my drivers license. I could only do that when I had proof that I had sent off the A.O.S & E.A.D paperwork. I took my written test and passed, BUT was not allowed to take my drivers test as my case had not been updated on the USCIS website, so please check your state's DMV laws before you apply. I thought I was safe with the NOA which I received over 2 weeks ago.

Dave

[prep.mac 7]

Suggest you go through with AOS soon as you can. You want to be able to drive, travel and/or study when you get here. Soon as AOS is done, you get your green card and it gives you "freedom" to live even when your hubby's at work. Life would be more convenient. It's a good thing if your husband or fiancee knows the process. You need his signature on the I-864. It will tell him basically his responsibilities in your request to adjust status. Trust me, you'd appreciate each other more.

VJ members have been very helpful so don't hesitate to ask for their kind thoughts and experiences. Learning here is a breeze but we gotta do our own reading. Suggest also the USCIS website. I learned a lot from there before I discovered VJ.

Good luck!

[Nicole-N-Nattoy 24]

You can wait but I would not suggest it. The AOS paperwork is the easiest of all but the most expensive. It took my love and I only a day to send it off and it was like a burden had been lifted. Don't put off 2maro what u can get done today. What if you end up never getting around to filing and your out of status. He divorces you and you have no choice but to gt deported! (Just sayin) Ur hubby will thank u for getting it over with because the sooner he wont have to be resonsible for a grown person who has no rights here and is unable to do anything without him. Unless he's into that sort of thing and you just want to stay home all the time:)

[KayMar 4]

tonylovesam, on 17 July 2011 - 02:37 AM, said:

I thought K1 visa holders are eligible to appply for SSN before applying AOS. That means, I can apply for driver's license too. I am the beneficiary.

I just wanted to add my 2 cents since I recently went through the whole license thing with my husband. My husband got his SS# immediately upon arrival however when it comes to a license or state ID, they will let you take the test as long as you have 90+ days until your KI visa expires. So if you get here and pass ur law/driving test quickly you can receive a license but the expiration date will not be the full 5 years. Instead it would be the expiration date of your visa and it can only be extended when you come back with your green card, your AP or EAD cards.

In my opinion, it is worth the hassle to do the AOS process with the 1st month of your marriage because it's mostly a waitng game until the interview and then you can be done with the processes until you remove your conditions. That will be the 1 year plus of peace without any paperwork looming over your heads. You will be in status, able to travel to see ur hubby with no problem if you choose, u can work and things will be a bit easier.

Anything that causes fewer questions of ur marriage is worth it in my opinion.

[flicker 5]

dont give them a reason to deport you,file the paperwork asap then relax for two years and enjoy the marriage,,if not you will always have that thought in youre head bothering you about the aos,,why risk it...good luck

[tonylovesam 8]

Sure, but bear in mind that you wont be able to drive, work and travel. Also, you will probably have to repeat the full medical if you let it expire. its your choice. goodluck!

Yeah, I know that. And it's okay for me. And yes ur right, it's my choice, thanks. And in response to others statements, I also know that I will be out of status once the I-94 expires and I also know that I shouldn't travel outside the US once Im out of status. Really just want to rest our minds with these immigration paperworks for awhile.

Also address to others:

What I mean showing respect to him by doing it is that in that way, atleast I can tell that "marriage is NOT for immigration" as what I have read on one member here lately..

Thanks everyone for the advices!