AOS--Is there a time limit to filing

[Dave&Roza 748]

I have seen this question come up several times in the last month or two and noticed that it is not mentioned in the AOS step by step guides. Maybe we could state that there is no time limit to file, but list the pit falls if the AOS is not filed within certain time periods. Then we could send the posters to this section rather than having to answer the same question over and over. It has gotten to the point that I go find my last response and paste it like below:

There is no time limit to file for AOS. Once the I-94 expires you are in an out of status state and are accruing over-stay days. Once you hit 180 days you will not be allowed back into the country even with AP so filing for AP is worthless at that point. Once you pass a year after your original medical you will need to pay for a new medical from a Civil Surgeon. Should you wait until 2 years after the marriage, you should file the I-130 with the I-485 as a K-1 visa holder is not allowed a 10 year GC, but being married for more than 2 years allows your to qualify for a 10 year GC. So by filing the I-130 you eliminate that catch-22, but it does cost more. Also remember that you cannot travel outside of the US and return nor can you legally work until you have your AP/EAD and/or GC. So the sooner you file for AOS the sooner those arrive.

Now what should happen if you find yourself near one of the borders--ie southern or northern--and come upon a CBP check point and have to show your LPR status. They will take you in for questioning. They may even detain you depending on your documentation and their mood. At some point you may be hauled in front of an immigration judge who will tell you to file the AOS ASAP or may even issue a court order to file by a certain time. NOW you have a time limit to file and had better do so or you WILL be deported. Not a pleasant experience I am sure. So either file your AOS ASAP or do not travel by car near either border, but especially CA, AZ, NM, and TX.

Just a thought to help,

Dave

Edited July 14, 2013 by Dave&Roza

[KayDeeCee 4,893]

~ Moved from AOS Family Based to Site-Related Discussion- topic about changing the guide to add more info ~

[VanessaTony 3,567]

it's a great idea of course, but half the people who ask that question, like all the other questions that are repeated daily, don't check the guides, or do searches and even if they do some think their situation "is unique and I couldn't find anything exactly the same" so they "just want to check".

[TBoneTX 45,305]

True, V-Bone, but we should still have the chance to say "read the Guides" or to post the link. I think that Dave's idea is great, si man.

[KayDeeCee 4,893]

I like the idea, but I see Vanessa's point too. It might cut down on some asking about it but a lot of people post asking the same things over and over again because they are not bothering to read the guides, the form instructions or do searches to see if the info was already posted before. It would allow us to only need to post a link to direct them to the guide for the answer instead of needing to copy&paste the same answer each time though.

[Dave&Roza 748]

I agree that there will still be those that ask before looking, but maybe, just maybe if the information is within the AOS guides it will cut down on a couple of post, hopefully. It is one of those items that I think should be contained within the Guides because I had the same question even though we filed AOS long before the I-94 expired.

Or at least those that do a search might find this thread and get the information they are looking for.

Dave

Edited July 16, 2013 by Dave&Roza

[VanessaTony 3,567]

I agree that there will still be those that ask before looking, but maybe, just maybe if the information is within the AOS guides it will cut down on a couple of post, hopefully. It is one of those items that I think should be contained within the Guides because I had the same question even though we filed AOS long before the I-94 expired.

Or at least those that do a search might find this thread and get the information they are looking for.

True. I remember asking the same question myself back in the day.

I was thinking it might be good, though I don't know how possible, to take people immediately to the guides, or pop up with a "how to use this site" when they first register/log in. That way they're basically force fed how to use the site, the search and the guides. Again, doubt it'd cut down on ALL the same questions, but it might help!

[d3adc0d3 186]

I asked this, and I looked around at other posts, but none of them really answered it. I didn't do a search though because I thought that was Google search, not a site search.

[Darnell 8,478]

bump