Clarification please on AOS (Fiance is here on Friday K-1:)

[VisaParaUnSueno 9]

Hello Fellow VJ's,

I'm glad to be back on VJ after taking a break from all the processing stress; my Fiance was approved with our K-1 Ohhh what a journey!

He will be here on Friday. It's really a blessing from God.

I wanted to get clarification on the AOS process; after reading some repeated topics on here with some what various answers.

If I understand the AOS process correctly ??????

My Fiance's K-1 expires on his day of arrival into the U.S POE.

He receives his I-94 = we have 6 months, 180 days to file for the AOS.

There is no point in applying for the work permit and travel permit without the GC because if the 180 days have passed and we have not filed for GC the work permit and travel permit expire along with it....

We have 3 months 90 days from his arrival date to get married.

Can he apply for his social after or before we get married or either one is okay what is an okay time to wait to go to the SS office after he arrives?

With his SS can he apply for a State ID/Driver's License and open a bank acct even though he will more than likely still be waiting for his GC at this time?

I think this is it for NOW... lol I'm sure I'll have more questions once he arrives and we get Married...

Here we go again...

Oh! last thing what would happen if I don't have a co-sponsor for the I-184 this time around. I used my older brother for the K-1 but not sure they will be able to sponsor again... If I don't qualify with the 2013 and older taxes, will my pay stubs and bank info help me qualify? Would they consider my Fiance's income (non citizen) for our income at this point if by this point he has received his work permit and is currently working at the time of approval?

What has happened if the person does not qualify, how will this affect the AOS process? Does the Fiance non-citizen have to leave the country or the GC is just put on a longer hold to issue to him (non-citizen)?

Thank you all again,

I'm happy for all of us and all of you who are still waiting good luck.

God Bless.

Edited January 4, 2014 by VisaParaUnSueno

[KayDeeCee 4,896]

Hello Fellow VJ's,

I'm glad to be back on VJ after taking a break from all the processing stress; my Fiance was approved with our K-1 Ohhh what a journey!

He will be here on Friday. It's really a blessing from God.

I wanted to get clarification on the AOS process; after reading some repeated topics on here with some what various answers.

If I understand the AOS process correctly ??????

My Fiance's K-1 expires on his day of arrival into the U.S POE. <- Basically. It is a one time entry visa and becomes null and void once used.

He receives his I-94 = we have 6 months, 180 days to file for the AOS. <- I-94 is automated. You will have 90 days on the I-94, and you must marry within those 90 days. There is no deadline to file for AOS. I-94 retrieval > https://i94.cbp.dhs.gov/I94/request.html

There is no point in applying for the work permit and travel permit without the GC because if the 180 days have passed and we have not filed for GC the work permit and travel permit expire along with it.... <- No point in filing for the EAD before you file for AOS because it will cost you $380 and will expire when the I-94 does. The amount of time it takes to receive the EAD makes it useless to use for employment before the I-94 expires. An I-94 does not have 180 days before it expires, only 90 days. I am not sure where you got the 180 days thing from. When you apply for the EAD with a pending I-485, then the fee for the I-765 is waived.

We have 3 months 90 days from his arrival date to get married. <- You have 90 days after entry to marry, not 3 months. Check the date on the entry stamp and I-94 info.

Can he apply for his social after or before we get married or either one is okay what is an okay time to wait to go to the SS office after he arrives? <- Either one. A lot of people wait 10-14 days to make sure they show up in the system. With the I-94 being automated now, I am not sure that is necessary, but cannot hurt.

With his SS can he apply for a State ID/Driver's License and open a bank acct even though he will more than likely still be waiting for his GC at this time? <- Check with the DMV in your state. Many will require at least the EAD in order to get a license or state ID. He should be able to open an account with the SSN, though some banks also want you to have the EAD or green card first.

I think this is it for NOW... lol I'm sure I'll have more questions once he arrives and we get Married...

Here we go again...

Oh! last thing what would happen if I don't have a co-sponsor for the I-184 this time around. I used my older brother for the K-1 but not sure they will be able to sponsor again... If I don't qualify with the 2013 and older taxes, will my pay stubs and bank info help me qualify? Will they consider my Fiance's income his- (non citizen) for our income at this point if he has he work permit and working by then? <- He will not be able to work before filing for AOS and the I-864 is required with the I-485. If you currently meet the income requirements, then use letter from employer and recent pay stubs to prove income. If you do not currently meet the income requirement, then you will need to find a joint sponsor.

What has happened if the person does not qualify, how will this affect the AOS process? Does the Fiance non-citizen have to leave or the GC is just put on a longer hold? <- You mean qualify financially? If you cannot meet the income requirements, then his AOS will be denied and he will need to leave the US. They will send an RFE first though, in order to allow you to provide proof that you meet the requirement, provide assets to help you meet it, or to provide a joint sponsor. If you cannot satisfy the RFE, then you will be denied.

Thank you all again,

I'm happy for all of us and all of you who are still waiting good luck.

God Bless.

[VisaParaUnSueno 9]

My Fiance's K-1 expires on his day of arrival into the U.S POE. <- Basically. It is a one time entry visa and becomes null and void once used.

He receives his I-94 = we have 6 months, 180 days to file for the AOS. <- I-94 is automated. You will have 90 days on the I-94, and you must marry within those 90 days. There is no deadline to file for AOS. I-94 retrieval > https://i94.cbp.dhs....94/request.html

Ok 90 days for Marriage No time frame to file AOS pros: the sooner the better to get legal status ability to work and travel, cons: the longer we wait will only affect how soon he can work travel and get GC "legal status". I read here that they gave you 180 days to file for AOS if not you would be considered as "overstayed days" illegally... That's where I got that from. I figured they would want us to apply for AOS as soon as possible and not take forever to apply.

This link you sent, is it something that he is automatically registered for on his day of arrival POE on his documentation/system. Or this is only to use if he does not receive a number the day he arrives or he must register upon arrival?

There is no point in applying for the work permit and travel permit without the GC because if the 180 days have passed and we have not filed for GC the work permit and travel permit expire along with it.... <- No point in filing for the EAD before you file for AOS because it will cost you $380 and will expire when the I-94 does. The amount of time it takes to receive the EAD makes it useless to use for employment before the I-94 expires. An I-94 does not have 180 days before it expires, only 90 days. I am not sure where you got the 180 days thing from. When you apply for the EAD with a pending I-485, then the fee for the I-765 is waived.

Ok so if we file for all three together the total cost will be $1070. The only time the fee is waived is if we prove we already applied for AOS prior to the Travel or Employment permission (done separately).

We have 3 months 90 days from his arrival date to get married. <- You have 90 days after entry to marry, not 3 months. Check the date on the entry stamp and I-94 info.

This is something he will receive the day he arrives at the airport with immigration.

Can he apply for his social after or before we get married or either one is okay what is an okay time to wait to go to the SS office after he arrives? <- Either one. A lot of people wait 10-14 days to make sure they show up in the system. With the I-94 being automated now, I am not sure that is necessary, but cannot hurt.

I assume we only have to take our marriage certificate if we do go to SS office after we marry or his I-94, birth certificate, and K-1 approval letter to SS office before we do. Not sure all the documentation they ask for.

With his SS can he apply for a State ID/Driver's License and open a bank acct even though he will more than likely still be waiting for his GC at this time? <- Check with the DMV in your state. Many will require at least the EAD in order to get a license or state ID. He should be able to open an account with the SSN, though some banks also want you to have the EAD or green card first.

I will look into this one since yes most states have various requirements on both. Thank you.

I think this is it for NOW... lol I'm sure I'll have more questions once he arrives and we get Married...

Here we go again...

Oh! last thing what would happen if I don't have a co-sponsor for the I-184 this time around. I used my older brother for the K-1 but not sure they will be able to sponsor again... If I don't qualify with the 2013 and older taxes, will my pay stubs and bank info help me qualify? Will they consider my Fiance's income his- (non citizen) for our income at this point if he has he work permit and working by then? <- He will not be able to work before filing for AOS and the I-864 is required with the I-485. If you currently meet the income requirements, then use letter from employer and recent pay stubs to prove income. If you do not currently meet the income requirement, then you will need to find a joint sponsor.

What has happened if the person does not qualify, how will this affect the AOS process? Does the Fiance non-citizen have to leave or the GC is just put on a longer hold? <- You mean qualify financially? If you cannot meet the income requirements, then his AOS will be denied and he will need to leave the US. They will send an RFE first though, in order to allow you to provide proof that you meet the requirement, provide assets to help you meet it, or to provide a joint sponsor. If you cannot satisfy the RFE, then you will be denied.

Yes I meant Financially, I qualify on my own with my current income on my pay stubs and employment letter. The only thing is... I have only been working with this company since July so the 2013 tax won't show a full year of income and the previous years I did not meet the mark because of school-not a full time employee. So because of this I would assume having a co-sponsor would be necessary to be on the safe side and avoid an RFE.

Edited January 4, 2014 by VisaParaUnSueno

[KayDeeCee 4,896]

Ok 90 days for Marriage No time frame to file AOS pros: the sooner the better to get legal status ability to work and travel, cons: the longer we wait will only affect how soon he can work travel and get GC "legal status". I read here that they gave you 180 days to file for AOS if not you would be considered as "overstayed days" illegally... That's where I got that from. I figured they would want us to apply for AOS as soon as possible and not take forever to apply.

This link you sent, is it something that he is automatically registered for on his day of arrival POE on his documentation/system. Or this is only to use if he does not receive a number the day he arrives or he must register upon arrival?

Yes, 90 days after entry to marry. No deadline to file for AOS. If you marry in those 90 days, you are eligible. There is no 180 days cut off. People have filed AOS years later. The problem is that you will be out of status and have a small chance of being detained by ICE, and you cannot work or travel and re-enter the US. Also, you may not be able to have a license/state ID, accounts you need, etc. The only thing where 180 days may come into play would be if you waited longer than 180 days past the time you I-94 expires to file for AOS. In that case, you should not bother to apply for AP because you may trigger an automatic bar if you leave the US after being out of status for more than 180 days.

After he enters, he can check that I-94 retrieval link, enter his info and get his I-94 details that you need to print out to apply for the SSN and for AOS.

Ok so if we file for all three together the total cost will be $1070. The only time the fee is waived is if we prove we already applied for AOS prior to the Travel or Employment permission (done separately). <- Correct. The fees for the I-765 and I-131 are waived when filed with or after filing the I-485.

This is something he will receive the day he arrives at the airport with immigration. <- Yes. His passport will be stamped with an entry stamp. The rest of his info will be in the I-94 details you retrieve from that link I provided for the I-94 info.

I assume we only have to take our marriage certificate if we do go to SS office after we marry or his I-94, birth certificate, and K-1 approval letter to SS office before we do. Not sure all the documentation they ask for. <- Don't bother telling them you are married, if you marry before applying for the SSN. Some workers do not know their own jobs and try and tell people they are no longer eligible if they marry. Just take the I-94 into printout and passport along with the application form. See this guide > http://www.visajourney.com/content/ssn

I will look into this one since yes most states have various requirements on both. Thank you.

Yes I meant Financially, I qualify on my own with my current income on my pay stubs and employment letter. The only thing is... I have only been working with this company since July so the 2013 tax won't show a full year of income and the previous years I did not meet the mark because of school-not a full time employee. So because of this I would assume having a co-sponsor would be necessary to be on the safe side and avoid an RFE.

Your past income is not what matters for the I-864. Your current annual income is what matters. If you are making enough currently, then you provide letter from employer and recent pay stubs to prove that. You should not need a joint sponsor.