Delay filing for AOS?

[joann & mike 0]

Help!! We have read many topics and statements on this useful site about filing late(after the I-94 expires)for AOS, but none give a clear-cut, definitive answer. My Fiance arrived October 31st, we were married on December 18th, her I-94 expires on January 29th, so with all the preparation for the wedding-and then Christmas, we are somewhat short for cash this month. The fee for filing for her AOS is $1070.00, so it's going to be tough this month with all the other usual bills I have to pay. My question is,--will we be penalized or will she be at any risk if we file in February or March?

[Harpa Timsah 13,258]

The sooner the better, but no, you won't be penalized. If you wait over 180 days from when her I-94 expires, then she can't travel with AP and must wait until she has her GC (those are out-of-status days). If your wife has plans to work, delaying the AOS will also delay her ability to work.

[kstrozyk 13]

Please keep in mind that all cases are different, but filing for AOS with expired I-94 wasn't a problem for me. My I-94 expired in January 2001 and I filed I-485 in October of 2006. I got my GC in February 2007.

Good luck!

Help!! We have read many topics and statements on this useful site about filing late(after the I-94 expires)for AOS, but none give a clear-cut, definitive answer. My Fiance arrived October 31st, we were married on December 18th, her I-94 expires on January 29th, so with all the preparation for the wedding-and then Christmas, we are somewhat short for cash this month. The fee for filing for her AOS is $1070.00, so it's going to be tough this month with all the other usual bills I have to pay. My question is,--will we be penalized or will she be at any risk if we file in February or March?

[medasman 0]

my wife got here in may we married in July filed for aos may of next year no interview for aos

[joann & mike 0]

My thanks to all of you for responding, I guess it's OK then!!

[lee&jeniebee 23]

Help!! We have read many topics and statements on this useful site about filing late(after the I-94 expires)for AOS, but none give a clear-cut, definitive answer. My Fiance arrived October 31st, we were married on December 18th, her I-94 expires on January 29th, so with all the preparation for the wedding-and then Christmas, we are somewhat short for cash this month. The fee for filing for her AOS is $1070.00, so it's going to be tough this month with all the other usual bills I have to pay. My question is,--will we be penalized or will she be at any risk if we file in February or March?

This is a good question, you guys are fine, no worries. My wife arrived here in August, the wedding in September now she is out of status as her I-94 has expired. It would be almost impossible for someone to come here on a K-1 and not end up "out of status" for some period of time. In fact I dare say it's not possible to get the GC by the time the I-94 expires. You would think that after the wedding you and bride could waltz into the local USCIS office and get an extension of the I-94 since you are married and have gone through with the conditions of the K-1, but no. When you apply for the AOS and receive NOA #1 some say your status is "pending" but there is really no such thing, you are out of status period. Oh well, there is nothing that we can do about it but file the AOS, I will shut up now...

[ceadsearc 516]

You are right it's pretty much impossible to get your GC before the I-94 expires but it's not that difficult to not end up with out-of-status time. The NOA1 serves as proof of a new, temporary period of authorized stay. It's not exactly the same as having a status, I suppose, but someone who receives their NOA1 before the I-94 expires will not be accumulating time out of status as they will never truly be out of status. They are legally in the country and in a period of authorized stay. That being said, a delay in filing is unlikely to cause many problems.

[KayDeeCee 4,896]

This is a good question, you guys are fine, no worries. My wife arrived here in August, the wedding in September now she is out of status as her I-94 has expired. It would be almost impossible for someone to come here on a K-1 and not end up "out of status" for some period of time. In fact I dare say it's not possible to get the GC by the time the I-94 expires. You would think that after the wedding you and bride could waltz into the local USCIS office and get an extension of the I-94 since you are married and have gone through with the conditions of the K-1, but no. When you apply for the AOS and receive NOA #1 some say your status is "pending" but there is really no such thing, you are out of status period. Oh well, there is nothing that we can do about it but file the AOS, I will shut up now...

You are correct in that your status is not called "pending", but when you receive your NOA receipt from filing for AOS, you enter a period of authorized stay that will stop anymore overstay days from accumulating. So, if you did not file for about 3 months after your I-94 expired, you would have about 90 days of overstay accumulated. When you file for AOS the clock will be stopped and you will not be adding on anymore time to that 90 days. You can show your NOA to prove you are in a period authorized stay while your AOS is pending. Once the AOS is approved and you have your green card, the overstay is a non-issue.

[VanessaTony 3,567]

You are right it's pretty much impossible to get your GC before the I-94 expires but it's not that difficult to not end up with out-of-status time.

Random but I know someone who received their GC 4 days after the I-94 expired, approved BEFORE the GC expired... and they got married a month after entry. Their process really was just that quick

Edited January 4, 2012 by Vanessa&Tony