Finally ready for AOS - Filing late.. Any experiences with this?

[Toshtishtash 1]

Hi all,

I used to post here a long time ago when I applied for my K1 Visa...

I have lived in the US now for 5 years at the end of this month and up until now (due to financial issues and a whole slew of other stuff) have been unable to raise the money for my AOS... I am FINALLY in the position to send off my paperwork. I have stuck to the rules, I have not worked etc. I looked on here a while ago and saw that a few people have ran into this problem and have had no issues filing late, I saw that one lady had lived here for 15 years until she filed for AOS... I know this situation is NOT ideal at all, but I'm in it. It sucks, but now I have a way to do it.

I'm wondering though, has anyone had any experience with this lately? Or is anyone going through this right now?

Any tips would be greatly appreciated!! Have there been any major changes in the past few years that I should be aware of?

Thanks

[Harpa Timsah 13,258]

Well, there are no problems per se, so don't worry. But you should also file a I-130 package so you can be sure that you get the 10 year card. There is one rule that says that a person married more than 2 years should get a 10-year card, but another that says that a person who is filing based on an approved I-129F petition and subsequent marriage to the petitioner within 90 days of entry gets a 2 year card no matter what.

Some people in your situation have gotten a 10-year card without he I-130, but others have gotten the 2 year one. You can take a chance or guarantee the 10-year card with the I-130.

And you can't use AP, so there is no point in applying for it. But besides that, nothing special. Good luck.

[Toshtishtash 1]

Thanks so much

Do you think that we will still have to go for the big 'interview' seeing as we have been married for 5 years? (And have a Son now too)

[Harpa Timsah 13,258]

If you add the I-130, then it is mandatory. Without it, I would expect you to be interviewed because of the time, yes.

[elmcitymaven 9,712]

I have nothing to add of value but wow! TASH!!! Welcome back!!!

Congratulations on the wee one. Come say hi in the UK forum.

[Toshtishtash 1]

Thanks again! I appreciate the advice!!

I have nothing to add of value but wow! TASH!!! Welcome back!!!

Congratulations on the wee one. Come say hi in the UK forum.

Hey!!! Thank you! It's been a loooonnnnnng time! I will definitely come say hey

[Sunnyland 639]

I'm not an expert in this kind of situations. I can only wish you have a great and smooth journey to the adjustment of status.

[TBoneTX 45,288]

I have nothing to add of value but wow! TASH!!! Welcome back!!!

Oh, double & triple echoes to this, si man. Tash, you were one of the very first respondents to my very earliest posts on VJ, and I missed you as time passed.

See here, si man: http://www.visajourney.com/forums/topic/410945-k-1-journey-completed/

[PinayCajun 0]

And you can't use AP, so there is no point in applying for it. But besides that, nothing special. Good luck.

@Harpa: Why AP cannot be use when filing AOS late?

Edited April 23, 2013 by PinayCajun

[Harpa Timsah 13,258]

@Harpa: Why AP cannot be use when filing AOS late?

Because the days between the I-94 expiration and the acceptance of the AOS package are overstay, illegal days. If you have 180 or more and you leave the country you will be banned and unable to return. It says this right on the AP approval letters. If you adjust in country, those days will be forgiven once you become a GC holder. If you just have a few overstay days, you can use AP, but the OP has years of overstay days.

I know it sounds bad to say that those days are illegal, but I don't mean anything nasty by it. USCIS understands that it may take more than 90 days to get the AOS sent out, but the fact is that a K-1 visa holder is only given 90 legal days at POE. The marriage, by itself, does not protect your status or make your stay legal. Only the AOS makes your stay legal. So the people in this situation aren't going to be deported or anything, but they can only travel internationally once their GC is approved.

Edited April 23, 2013 by Harpa Timsah

[PinayCajun 0]

Because the days between the I-94 expiration and the acceptance of the AOS package are overstay, illegal days. If you have 180 or more and you leave the country you will be banned and unable to return. It says this right on the AP approval letters. If you adjust in country, those days will be forgiven once you become a GC holder. If you just have a few overstay days, you can use AP, but the OP has years of overstay days.

I know it sounds bad to say that those days are illegal, but I don't mean anything nasty by it. USCIS understands that it may take more than 90 days to get the AOS sent out, but the fact is that a K-1 visa holder is only given 90 legal days at POE. The marriage, by itself, does not protect your status or make your stay legal. Only the AOS makes your stay legal. So the people in this situation aren't going to be deported or anything, but they can only travel internationally once their GC is approved.

That's good to know! I guess i may not be able to use my AP bcoz I'm one of those late filers ( :

Maybe that's one of the reason I didn't received a combo card , they sent me a document letter on my AP approval and EAD card not valid for reentry . But why they still approved my AP and they knew already that I can't use it?

Thank you for the very helpful info Harpa!

[Harpa Timsah 13,258]

They always approve the AP, even if by using it you'd be banned from the US. It's a known issue - they just approve them all without checking. But, at least the letter has the warning on it.

[Toshtishtash 1]

If you add the I-130, then it is mandatory. Without it, I would expect you to be interviewed because of the time, yes.

I just clicked to what you said... I didn't know there was a way of Adjusting my Status without filing an I-130? Is there another way? A cheaper way?

Oh, double & triple echoes to this, si man. Tash, you were one of the very first respondents to my very earliest posts on VJ, and I missed you as time passed.

See here, si man: http://www.visajourney.com/forums/topic/410945-k-1-journey-completed/

Aww, thank you It's nice to see you again! Hope all is well!

[Harpa Timsah 13,258]

Most K-1 people adjust based on the approved I-129F petition and subsequent marriage to the petition within 90 days. Option C on the I-485, instead of option A. That way is $420 cheaper (no I-130) but you risk getting the 2 year card and having to file for ROC which is currently $590.

Edited April 24, 2013 by Harpa Timsah

[Toshtishtash 1]

Most K-1 people adjust based on the approved I-129F petition and subsequent marriage to the petition within 90 days. Option C on the I-485, instead of option A. That way is $420 cheaper (no I-130) but you risk getting the 2 year card and having to file for ROC which is currently $590.

Ok, I did know that. Now I am confusing myself, haha. I forgot how frustrating all of this is!

Thanks you again for the tips!!