starting with AOS

[rica30 0]

Hi Guys!

How is everyone? I am so glad that my 10-month-old baby and I are already in the US since Oct. My fiance (now hubby!!!) are kind of slacking off with the next step though... How do we start with my AOS, Adjustment of Status? Can anyone explain to me the steps? (in details if possible..) what are the requirements for AOS? My case is quite complicated, btw. As both me and my baby traveled with US visas even though she's the daughter of my husband (an american citizen). But because he only acquired residency in the USA for LESS THAN 5 YEARS, our daughter was not eligible to file for CRBA. So, would anyone know what we need to do about her case for the AOS?

Also, i'm a bit worried that our visas expire this FEB,2012 already! Is that going to be a problem cause we are only about to get started with AOS?

Thanks guys. Any help will be appreciated. =)

[rica30 0]

Hi Guys!

How is everyone? I am so glad that my 10-month-old baby and I are already in the US since Oct. My fiance (now hubby!!!) are kind of slacking off with the next step though... How do we start with my AOS, Adjustment of Status? Can anyone explain to me the steps? (in details if possible..) what are the requirements for AOS? My case is quite complicated, btw. As both me and my baby traveled with US visas even though she's the daughter of my husband (an american citizen). But because he only acquired residency in the USA for LESS THAN 5 YEARS, our daughter was not eligible to file for CRBA. So, would anyone know what we need to do about her case for the AOS?

Also, i'm a bit worried that our visas expire this FEB,2012 already! Is that going to be a problem cause we are only about to get started with AOS?

Thanks guys. Any help will be appreciated. =)

[kcoyclay1 98]

Hi Guys!

How is everyone? I am so glad that my 10-month-old baby and I are already in the US since Oct. My fiance (now hubby!!!) are kind of slacking off with the next step though... How do we start with my AOS, Adjustment of Status? Can anyone explain to me the steps? (in details if possible..) what are the requirements for AOS? My case is quite complicated, btw. As both me and my baby traveled with US visas even though she's the daughter of my husband (an american citizen). But because he only acquired residency in the USA for LESS THAN 5 YEARS, our daughter was not eligible to file for CRBA. So, would anyone know what we need to do about her case for the AOS?

Also, i'm a bit worried that our visas expire this FEB,2012 already! Is that going to be a problem cause we are only about to get started with AOS?

Thanks guys. Any help will be appreciated. =)

You stated that he is a citizen, but he acquired residency? What does that mean? He is either a citizen or a permanent resident. If he is a citizen he should have petitioned for you while you are in your country. Coming to the US in order to adjust status is not a good decision. If he is a permanent resident and he petitions for you before the five years, you will have to wait on visa number. In your interview they are going to ask if you came to the US for the purpose of adjusting status. If not, why did you stay? You can be banned from returning for up to 10 years so get your information together. It appears as if you visited with an intent to over-stay. Maybe someone who has been through this can give you some more advice from experience. You can go to www.uscis.gov and read more about petitioning for family members while in the US. All the best

I think you need to clarify what you mean by him being a citizen but given residency because it is a contradictory statement

[kcoyclay1 98]

Hi Guys!

How is everyone? I am so glad that my 10-month-old baby and I are already in the US since Oct. My fiance (now hubby!!!) are kind of slacking off with the next step though... How do we start with my AOS, Adjustment of Status? Can anyone explain to me the steps? (in details if possible..) what are the requirements for AOS? My case is quite complicated, btw. As both me and my baby traveled with US visas even though she's the daughter of my husband (an american citizen). But because he only acquired residency in the USA for LESS THAN 5 YEARS, our daughter was not eligible to file for CRBA. So, would anyone know what we need to do about her case for the AOS?

Also, i'm a bit worried that our visas expire this FEB,2012 already! Is that going to be a problem cause we are only about to get started with AOS?

Thanks guys. Any help will be appreciated. =)

I looked at your profile and saw that you entered on a K1 visa. That changes things. You stated you came on a US visa, you should have stated K1.

I thought that you got a visa on your own and entered the US. Your message was not clear. Ignore what I have written and clarify your status as K1 because vjers may respond based on what you have written and not on your situation. All the best!

Edited January 22, 2012 by kcoyclay1

[J&N* 68]

AOS guide: http://www.visajourney.com/content/k1k3aos

Doesn't matter when you file as long as you got married within 90 days, the visa expired the minute you got in the US.

Good luck!!

[Lainie B 465]

If you entered on a K-1 your visa expired when you entered. Your I-94 would have been valid for 90 days, this is how long you have to get married. Once you get married there is no deadline for filing for AOS, but you should do so as soon as you can.

The guides for AOS, EAD and AP are here:

http://www.visajourney.com/content/guides

[Ban Hammer 13,343]

duplicate topics have been merged

[rica30 0]

I looked at your profile and saw that you entered on a K1 visa. That changes things. You stated you came on a US visa, you should have stated K1.

I thought that you got a visa on your own and entered the US. Your message was not clear. Ignore what I have written and clarify your status as K1 because vjers may respond based on what you have written and not on your situation. All the best!

Oh shoot. Sorry about that. Yes, I did enter with a K1 (fiance) visa. My husband is really Asian, but he was born here (in the US) so he automatically became an american citizen. (by birth). And he grew up most of his years in the Philippines... He's only been living in the US for about 3 years... that's why our daughter was not eligible for a CRBA cause the requirement was that the US citizen must have lived in the USA for at least 5 years after the age of 14.

AOS guide: http://www.visajourney.com/content/k1k3aos

Doesn't matter when you file as long as you got married within 90 days, the visa expired the minute you got in the US.

Good luck!!

Thank you! =)

If you entered on a K-1 your visa expired when you entered. Your I-94 would have been valid for 90 days, this is how long you have to get married. Once you get married there is no deadline for filing for AOS, but you should do so as soon as you can.

The guides for AOS, EAD and AP are here:

http://www.visajourney.com/content/guides

All right, got it! Thanks

[Love Eth 14]

AOS guide: http://www.visajourn...content/k1k3aos

Doesn't matter when you file as long as you got married within 90 days, the visa expired the minute you got in the US.

Good luck!!

Hi,

So you mean after the marriage the status of a K1 visa holder will be valid even if the 90 days passed ? or what will be the status after that and what is the effect of the late filling on the approval of AOS?

[ceadsearc 516]

No, they will be out of status meaning they have no legal status until the AOS is filed. But while there is a small risk of detainment, etc. the risks are low and once the AOS is actually filed they will be in a new period of authorized stay (though, depending on how late it was filed, they may be ineligible to leave the country using AP and thus must stay until the GC is received).

[Love Eth 14]

No, they will be out of status meaning they have no legal status until the AOS is filed. But while there is a small risk of detainment, etc. the risks are low and once the AOS is actually filed they will be in a new period of authorized stay (though, depending on how late it was filed, they may be ineligible to leave the country using AP and thus must stay until the GC is received).

Thanks for the info.

By the way, is there any evidences that I have to send with the I-485? If there, what are they? I know I have support the I-864 but have no clue about the I-485.

Thanks again for the info.

[KayDeeCee 4,893]

Thanks for the info.

By the way, is there any evidences that I have to send with the I-485? If there, what are they? I know I have support the I-864 but have no clue about the I-485.

Thanks again for the info.

http://www.visajourney.com/content/k1k3aos