AOS

[bolin786 21]

My fiancee entered the US through Newark, NJ on June 18th, 2011 and her I-94 is stamped as September 16th, 2011 as the end of the ninety days. We got married in Miami, FL on June, 30th 2011 and already have certificates to that effect. Since then we have joint bank accounts and photos of our wedding. My question is what is the deadline for her to apply for AOS. She has a 20 year old daughter in the Philippines which was claimed in the I-129F but was determine to follow since she was in school. Now we would like to get her to the US with a K-2 visa a process we have already started but my wife is worried that she would be deported if her daughter is not here prior to Sept. 16th. I was told that if we file independently for my wife and then for her daughter it would cost an additional $1,070.00. I have also been told not to worried that almost everybody files late and nothing happens and she would not be deported. Please help because I am very worried.

Thnaks,

Archie

bolin786

[VanessaTony 3,567]

My fiancee entered the US through Newark, NJ on June 18th, 2011 and her I-94 is stamped as September 16th, 2011 as the end of the ninety days. We got married in Miami, FL on June, 30th 2011 and already have certificates to that effect. Since then we have joint bank accounts and photos of our wedding. My question is what is the deadline for her to apply for AOS. She has a 20 year old daughter in the Philippines which was claimed in the I-129F but was determine to follow since she was in school. Now we would like to get her to the US with a K-2 visa a process we have already started but my wife is worried that she would be deported if her daughter is not here prior to Sept. 16th. I was told that if we file independently for my wife and then for her daughter it would cost an additional $1,070.00. I have also been told not to worried that almost everybody files late and nothing happens and she would not be deported. Please help because I am very worried.

Thnaks,

Archie

bolin786

The 20 y/o daughter needs to ARRIVE before she turns 21 otherwise she won't be able to adjust status.

Whether you apply for the daughter's AOS with the wife or after, the fee is $1070 for the daughter as she's over 14.

Child does NOT need to arrive by the I-94 deadline but does need to arrive within a year of your wifes arrival.

There is no deadline to file AOS. But until you file you will be out of status.

[missicy 87]

The 20 y/o daughter needs to ARRIVE before she turns 21 otherwise she won't be able to adjust status.

She needs not only arrive but also adjust status before she turns 21.

[VanessaTony 3,567]

She needs not only arrive but also adjust status before she turns 21.

No she doesn't. Law was changed last month-ish. There's a few VJ articles about it. It's now as long as they ARRIVE before 21 they are "age locked".

Edited July 23, 2011 by Vanessa&Tony

[missicy 87]

Last month huh. I stand corrected then.

[bolin786 21]

The 20 y/o daughter needs to ARRIVE before she turns 21 otherwise she won't be able to adjust status.

Whether you apply for the daughter's AOS with the wife or after, the fee is $1070 for the daughter as she's over 14.

Child does NOT need to arrive by the I-94 deadline but does need to arrive within a year of your wifes arrival.

There is no deadline to file AOS. But until you file you will be out of status.

I know that her daughter has to enter the US prior to her 21st birthdate and before one year after my wife's entry. The deadline I am asking is of my wife's I-94, which is up as of the 16th of september. If she does not apply for AOS is she under any peril. Besides, I think that you are wrong in the fact that is we apply for both ath the same time the fee is $740.00 or $635 plus $85 of the biometric fee.

[bolin786 21]

I know that her daughter has to enter the US prior to her 21st birthdate and before one year after my wife's entry. The deadline I am asking is of my wife's I-94, which is up as of the 16th of september. If she does not apply for AOS is she under any peril. Besides, I think that you are wrong in the fact that is we apply for both ath the same time the fee is $740.00 or $635 plus $85 of the biometric fee.

The deadline I am talking about is my wife's I-94 deadline and not her daughter's age. I know all about her daughter's age.

[JimVaPhuong 4,863]

I know that her daughter has to enter the US prior to her 21st birthdate and before one year after my wife's entry. The deadline I am asking is of my wife's I-94, which is up as of the 16th of september. If she does not apply for AOS is she under any peril. Besides, I think that you are wrong in the fact that is we apply for both ath the same time the fee is $740.00 or $635 plus $85 of the biometric fee.

The only "peril" is that your wife will be out status when her I-94 expires. She shouldn't travel outside the US, or go within 100 miles of the southern US border, or anywhere else she might encounter an immigration checkpoint. They won't deport her because she's eligible to adjust status, but they might give her a very hard time. However, she remains eligible to adjust status as long as she remains married to you. It won't matter at all if her I-94 expires before you file the AOS application.

Your step-daughter's visa has to be issued within one year of the date your wife's visa was issued. She isn't required to enter the US within one year of the date your wife entered. However, to be eligible to adjust status based on the K2 she must enter before her 21st birthday, according to the most recent USCIS policy directive.

Take another look at the I-485 instructions. The fee reduction only applies to a derivative applicant if they are under 14 years of age and file concurrently with their parent. A 20 year old K2 would pay full fees, regardless.

[bolin786 21]

The only "peril" is that your wife will be out status when her I-94 expires. She shouldn't travel outside the US, or go within 100 miles of the southern US border, or anywhere else she might encounter an immigration checkpoint. They won't deport her because she's eligible to adjust status, but they might give her a very hard time. However, she remains eligible to adjust status as long as she remains married to you. It won't matter at all if her I-94 expires before you file the AOS application.

Your step-daughter's visa has to be issued within one year of the date your wife's visa was issued. She isn't required to enter the US within one year of the date your wife entered. However, to be eligible to adjust status based on the K2 she must enter before her 21st birthday, according to the most recent USCIS policy directive.

Take another look at the I-485 instructions. The fee reduction only applies to a derivative applicant if they are under 14 years of age and file concurrently with their parent. A 20 year old K2 would pay full fees, regardless.

Thank you very much JimVaPhuong. I reviewed again the fees and you are right. I guess I had gotten wrong information before. I was also told the same thing you said that a lot of people file late sometimes months after their I-94 has expired for their AOS and nothing really happens to them and they are not deported. You see, my wife was very worried about deportation which prompted my querry. Since my wife's daughter is still not in the US, I will go ahead and file for my wife's AOS since after all I will end up paying the same. Again thank you very much. You were very helpful.

Archie

bolin786