AOS Fee

[Shounok 10]

I've come here in San Francisco on K1 Visa and now as I'm married so I'm going to apply for an Adjustment of Status. I found online that the filling fee is $985 and on top of that I have to pay another $85 for biometrics so the total is $1,070. My question is if I pay by cheque should I send 2 cheques i.e. 1 for AOS fee and the other one for biometrics ? Or should I only send one cheque and that include both fees. Called the DOS twice, they couldn't answer to me properly rather its very conflicting. So I'm seeking help from you guys over again.

Thank you.

[didopage 337]

Just one check of $1,070.

I advise you to also apply for EAD (I-765) and AP (I-131) as the fees for those 2 applications are waived if filed at the same time as AOS. In addition that it may be very useful to have a temporary work and travel authorization while your AOS is pending (it may take a while, while EAD and AP will be approved in 2-3 months).

Edited February 19, 2013 by didopage

[Carie_Azan 35]

OMGGGG! this is A LOT - question - when I Marry my Fiance (BENE) in the 90 days, does it have a time as to when we can file for AOS? do we have certain time?

[Shounok 10]

Hey thanks mate. I'm exactly doing the same, I'm going to apply for EAD. No AP though b-c I ain't going any where now

[Operator 1,927]

Page 8 of the I-485 instructions specifically state that you may submit one check for both.

For some reason I sent two and had no problem...not sure why I did that?

[Shounok 10]

OMGGGG! this is A LOT - question - when I Marry my Fiance (BENE) in the 90 days, does it have a time as to when we can file for AOS? do we have certain time?

As soon as you get married to ur fiance you have all the time in ur hand to apply. Doesnt matter what happens you will be never out of status. Even if you apply after 90 days for AOS you wont be out of status. But make sure to marry ur fiance with in 90 days after being admitted to US.

[didopage 337]

Hey thanks mate. I'm exactly doing the same, I'm going to apply for EAD. No AP though b-c I ain't going any where now

You're welcome! Let me insist that filing for AP may also be a good idea, because: it's free, it's not much work more to do (the form is pretty easy to file in, and the documents needed are also needed for the other 2 applications, so it's just a few more photocopies to include), and, you may not need it now, but an emergency may come up later. There's a recent topic in the forum about someone who didn't file for AP, and regret it because he/she may need it.

Having the AP will just result in a small note on your EAD card.

To Carie_Azan: there's no deadline to file for AOS, but as soon as possible is the best (best of the best is to do it before the 90 days expire, so you don't become out-of-status but your status will be under pending AOS).

[didopage 337]

As soon as you get married to ur fiance you have all the time in ur hand to apply. Doesnt matter what happens you will be never out of status. Even if you apply after 90 days for AOS you wont be out of status. But make sure to marry ur fiance with in 90 days after being admitted to US.

Actually, you are out-of-status if you don't file for AOS before the 90 days. It's not necessarily bad, but it's not an ideal situation (especially if being near the Mexican border). Having a pending AOS application is a proof that you are seeking adjustment of your status after following the K-1 rule of getting married during the 90 days after POE.

Edited February 19, 2013 by didopage

[Shounok 10]

You're welcome! Let me insist that filing for AP may also be a good idea, because: it's free, it's not much work more to do (the form is pretty easy to file in, and the documents needed are also needed for the other 2 applications, so it's just a few more photocopies to include), and, you may not need it now, but an emergency may come up later. There's a recent topic in the forum about someone who didn't file for AP, and regret it because he/she may need it.

Having the AP will just result in a small note on your EAD card.

To Carie_Azan: there's no deadline to file for AOS, but as soon as possible is the best (best of the best is to do it before the 90 days expire, so you don't become out-of-status but your status will be under pending AOS).

Sounds like a good idea, I believe you have given me a good advice and I'll surely consider it. Thanks once again

[Pitaya 2,577]

You're welcome! Let me insist that filing for AP may also be a good idea, because: it's free, it's not much work more to do (the form is pretty easy to file in, and the documents needed are also needed for the other 2 applications, so it's just a few more photocopies to include), and, you may not need it now, but an emergency may come up later. There's a recent topic in the forum about someone who didn't file for AP, and regret it because he/she may need it.

Having the AP will just result in a small note on your EAD card.

To Carie_Azan: there's no deadline to file for AOS, but as soon as possible is the best (best of the best is to do it before the 90 days expire, so you don't become out-of-status but your status will be under pending AOS).

Actually, you are out-of-status if you don't file for AOS before the 90 days. It's not necessarily bad, but it's not an ideal situation (especially if being near the Mexican border). Having a pending AOS application is a proof that you are seeking adjustment of your status after following the K-1 rule of getting married during the 90 days after POE.

[Carie_Azan 35]

As soon as you get married to ur fiance you have all the time in ur hand to apply. Doesnt matter what happens you will be never out of status. Even if you apply after 90 days for AOS you wont be out of status. But make sure to marry ur fiance with in 90 days after being admitted to US.

thank you for a straight forward answer

[KayDeeCee 4,893]

thank you for a straight forward answer

Straight forward perhaps, but that answer to you was incorrect.

When the I-94 expires, you ARE out of status. There is no deadline to file for AOS but you need to be aware that if your I-94 is expired and you have not filed for AOS yet, you are out of status and accruing overstay. Marrying within the 90 days is what makes you eligible to file for AOS. Being married to a USC does not grant you any rights to legal status. Filing for AOS will put you in a period of authorized stay while your case is being adjudicated.

It is highly unlikely you would ever be detained by ICE if your I-94 is expired and you did not file for AOS yet, but you should know it is in fact a possibility. With all that being said, people file for AOS days, weeks, months and sometimes years after their I-94 has expired and they have no problems.