Delaying AOS ?

[Phil & Alla 26]

Alla and I got married on Saturday and money is a bit tight, so filing the AOS needs to wait a bit. We complied with the marriage in the 90 day period, is there something I need to send to USCIS informing them we have married? Or do I have to start the AOS or can it wait?? Her visa expires in 2 months now, so do I have to start the AOS before the expiration?? Just not sure what to do now????????

[Matt & Bing 56]

Her visa was cancelled the moment she entered the US.

You can choose to delay the filing of AOS. You will be out of status if you file later than 90 days after entry to the US.

I'll let others reply regarding any circumstances of a late filing.

[baron555 934]

Alla and I got married on Saturday and money is a bit tight, so filing the AOS needs to wait a bit. We complied with the marriage in the 90 day period, is there something I need to send to USCIS informing them we have married? Or do I have to start the AOS or can it wait?? Her visa expires in 2 months now, so do I have to start the AOS before the expiration?? Just not sure what to do now????????

No, you have no time limit in which to AOS.....but she can't legally work and, if you wait too long before the I094 expires, can not get a SSN and would not be allowed back into the US if she were to leave. Other than that......take your time.

And congrats.

Edited February 15, 2012 by baron555

[Gary and Alla 3,694]

Alla and I got married on Saturday and money is a bit tight, so filing the AOS needs to wait a bit. We complied with the marriage in the 90 day period, is there something I need to send to USCIS informing them we have married? Or do I have to start the AOS or can it wait?? Her visa expires in 2 months now, so do I have to start the AOS before the expiration?? Just not sure what to do now????????

Her visa was cancelled when she arrived. The expiration refers to the date she must enter the US. There is no particular deadline for filing the AOS and you do not need to notify anyone of anything until you file the AOS

That said, a lot of her benefits depend on her becoming a permanent resident, not least of which is citizenship in three years. She cannot work, travel outside the US, get student loans, maybe not even get a drivers license (depends on the state), basically she is in "limbo" until she gets her green card. In my opinion this is one of those things in life you call on your family and borrow the fee and get it filed.

But legally, there is no deadline.