how long do you have to file AOS

[Pinoylover 6]

Ok here my question? how long do you have to file for the AOS?My wife and new daighter are here we got married the first month she and new daughter got here .They have been here for 3 months 20th of this month. we went back to the social security place to change her card to put her married name on it. then we went to get get a I.D so we could have her on my bank acvcount but the lady said the I-94 was out of date the 17th of this month and wouldn't give us or wouldn't help us on this. So i'm waiting now for my tax refund to get both AOS for my wife and new daughter. I had to wait a year the first time i did this in 08 didn't have any trouble then.my wife is worried they will send both of them back? I told her they didn't send back my ex wife after she left before the 2 year agreement so why would they come after you? anyways any info would be greatly appriciated. Thanks again.

[thinkerlove0212 158]

Ok here my question? how long do you have to file for the AOS?My wife and new daighter are here we got married the first month she and new daughter got here .They have been here for 3 months 20th of this month. we went back to the social security place to change her card to put her married name on it. then we went to get get a I.D so we could have her on my bank acvcount but the lady said the I-94 was out of date the 17th of this month and wouldn't give us or wouldn't help us on this. So i'm waiting now for my tax refund to get both AOS for my wife and new daughter. I had to wait a year the first time i did this in 08 didn't have any trouble then.my wife is worried they will send both of them back? I told her they didn't send back my ex wife after she left before the 2 year agreement so why would they come after you? anyways any info would be greatly appriciated. Thanks again.

We had same problem at SS office to change card with married name because I94 expired. Wanted toget her a state ID and joint account. SS office wont do anything till AOS. Bank gave us a little run around but got it done. Don't worry just AOS when you can.

[didopage 337]

There's no deadline to file for AOS after getting married on a K-1, but the sooner the better so your wife and daughter can get a "real" legal status.

[GrayL 47]

ALWAYS recommended to file as soon as possible, the process can take 8-12 months, and not having your green card (even if you have AP and EA) CAN pose hindrances.

[renecherubs 18]

And, having no green card, your wife can't work.

[TBoneTX 44,926]

ALWAYS recommended to file as soon as possible, the process can take 8-12 months, and not having your green card (even if you have AP and EA) CAN pose hindrances.

Given that the OP apparently lives in Texas, one giant hindrance is the possibility of running into an inland CBP checkpoint. The agents are typically looking to nail people.

[Pinoylover 6]

Thanks everyone! was also wondering will i get something from the immagration office like a letter or something? It's been so long i forget if i get something reconizing they are here and how do they know we are married? i'm guessing i will do the nessesary paper work for the AOS for both and then i will get something? thanks again!

[Reyan 56]

Your certified marriage certificate will prove you are married. Please read the AOS guide.

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

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

[KayDeeCee 4,893]

Thanks everyone! was also wondering will i get something from the immagration office like a letter or something? It's been so long i forget if i get something reconizing they are here and how do they know we are married? i'm guessing i will do the nessesary paper work for the AOS for both and then i will get something? thanks again!

Yes. Filing for AOS puts you in a period of authorized stay. You can carry a copy of the NOA receipt from filing the I-485 to show officers if ever questioned about your status while waiting for the green card.

[thinkerlove0212 158]

Given that the OP apparently lives in Texas, one giant hindrance is the possibility of running into an inland CBP checkpoint. The agents are typically looking to nail people.

dont believe the hype and use fear mongering. She is here legally and just out of status.

[Reyan 56]

What TBone posted is not fear mongering, but just informing the OP of the possibility of what could happen based on where the OP lives. OP just AOS ASAP, and then there's no need to worry.

[KayDeeCee 4,893]

dont believe the hype and use fear mongering. She is here legally and just out of status.

She entered the country legally with a K-1 visa and was given an I-94. Once the I-94 expires, if you have not filed to adjust status, you begin to accrue unlawful presence(out of status). You can be detained for unlawful presence. The chance is small but it exists. Being married to a USC does not protect you from that. Filing for AOS will put you in a period of authorized stay.

[VanessaTony 3,567]

dont believe the hype and use fear mongering. She is here legally and just out of status.

Actually while she has entered legally, she is now here illegally because she is out of status.

Marriage to a USC does not protect your status. If she runs into ICE she can be detained. She is unlikely to get deported as the spouse of a USC she is afforded the chance to AOS, but in the meantime she CAN be locked in immigration jail waiting to see an immigration judge who will order the OP and his wife to AOS her asap, or if they don't/can't file, she will need to leave.

So while threat of deportation is low, threat of harassment still exists, especially in a border town.

[Darnell 8,478]

so, USCIS doesn't know or care about her at the moment,

as the AOS packet hasn't been filed.

DHS might catch her somewhere, since she's out of status, but they won't come into yer home, as

SHE'S ALLOWED to adjust status, with no particular timeframe or timeline about it (No Fed Regs/Rules about AOS from a K-1, from time/timing standpoints)

sorry you missed the window for getting a SSN, that's really difficult now

but

File the AOS packet soonish, nowish, but include the EAD and AP forms as well. She'll get an EAD card waaaaaaaaaaaaaaaaay before the GC is issued, so once she has EAD in hand, she can get back to the SSA office and apply for a SSN.

Then you know what she can do with a SSN, right ?

I'm really sorry you two missed 'the window' for applying for a SSN - it really , really sucks for now.

[GrayL 47]

Given that the OP apparently lives in Texas, one giant hindrance is the possibility of running into an inland CBP checkpoint. The agents are typically looking to nail people.

I can understand that too.

Personally this is what I did, and would recommend to anyone.

1. Applied for AOS before I-94 expiration (fair call it was in the end only 3 days before, but still).

2. Scanned and printed a copy of my NOA1 for my AOS as soon as it arrived (about 2 weeks later), and kept it in my car, for times just like this.

3. Once I got my EA/AP Combo Card I kept a photocopy of that in my car too.

NB: I kept all my originals in my safe in my house.

The only valid reason I can see for NOT applying for AOS as soon as you're married is financial reasons, which I can totally understand, it is pretty killer. In which case people should try their absolute best to be proactive in saving, and make it a priority (I do understand this can take time, but I also do think in some cases people don't prioritize it like it should be, and dare I say it, some cases people are ignorant to the system and just don't care enough to legally protect themselves. Also not suggesting the OP falls into this category in and way, shape or form!).

I would personally hate the feeling of driving around 'out of status', after all you worked darn hard to get here in the first place!

Best of Luck to you.

GrayL

Edited October 26, 2012 by GrayL