filing aos after 90 days

[krisibri 4]

Does anyone here filed for AOS after 90 days?

Is there any difference if you file before or after 90 days of arrival?

[cazzers 83]

I filled approximately 4 months after my i94 expired. Had no problems so far, I am actually getting ready for the AOS interview.

If you file aos after the 90 days, you will be out of status from when the 90 days are up till you receive NOA1.

[blk 87]

Does anyone here filed for AOS after 90 days?

Is there any difference if you file before or after 90 days of arrival?

Hi well apparently it's the cost of it all, if you file before 90 day's it will be $1070 as you are paying for the I-485 but if you file after 90 day's you then have to include the

I-130 with the I-485 & that will cost you $420 extra.

Edited April 17, 2014 by blk

[JayJayH 546]

Does anyone here filed for AOS after 90 days?

Is there any difference if you file before or after 90 days of arrival?

Any difference?

Well if you get technical, you are unlawfully present after 90 days. Meaning you can in theory be deported. That's on paper.

In reality, no it makes no difference.

However, if anything happens and you call the wedding off, you'd have to return home and not be in America again for a very long time due to unlawful presence. If the wedding was called off before 90 days, and you returned home before 90 days, nothing illegal has happened, and it would not affect any future visas.

Edited April 17, 2014 by Yang-Ja

[krisibri 4]

Hi well apparently it's the cost of it all, if you file before 90 day's it will be $1070 as you are paying for the I-485 but if you file after 90 day's you then have to include the

I-130 with the I-485 & that will cost you $420 extra.

according to his i-94 visa is valid until april 24, so if I send the aos package april 22 or 23, is it still covered within his 90 days even uscis will not received it before 90 days? cause probably they'll gonna received it 2 or 3 days after I send it. we're still preparing for the aos package and we wanna make sure everything is perfect before we send it.

[blk 87]

according to his i-94 visa is valid until april 24, so if I send the aos package april 22 or 23, is it still covered within his 90 days even uscis will not received it before 90 days? cause probably they'll gonna received it 2 or 3 days after I send it. we're still preparing for the aos package and we wanna make sure everything is perfect before we send it.

Now this I am not to sure of, but to my way of looking at it is that with the time scale you have said they will receive it after his 90 day's so the received date & priority date on the NOA1s will be after his I-94, so you might just have to include the I-130 & pay the extra $420. are you sending the I-765 EAD & I-131 AP with your package as they are free as long as you send them at the same time.

[cazzers 83]

Hi well apparently it's the cost of it all, if you file before 90 day's it will be $1070 as you are paying for the I-485 but if you file after 90 day's you then have to include the

I-130 with the I-485 & that will cost you $420 extra.

Sorry, that is quite wrong actually. Even if she sends the paperwork 6 months after those 90 days are up, they still don't have to include an actual i130 form. The Op came here with a K1 visa, not on WVP. I think I remember seeing around here, that if they send the AOS 2 years after the 90 days are up, then the i130 needs to be included in the AOS as well

OP, you will just be out of status until you receive NOA1.

[Soul Mates 44]

You do not need the I-130 or the extra expense. You would use I-130 if you got married after the 90 days, not for filing after 90 days.

[krisibri 4]

Sorry, that is quite wrong actually. Even if she sends the paperwork 6 months after those 90 days are up, they still don't have to include an actual i130 form. The Op came here with a K1 visa, not on WVP. I think I remember seeing around here, that if they send the AOS 2 years after the 90 days are up, then the i130 needs to be included in the AOS as well

OP, you will just be out of status until you receive NOA1.

So I can still send it after his 90 days? I wanna make sure that everything will be okay if I file the aos after 90 days or else I need to send it right now so they will receive it before his i94 expire.

[cazzers 83]

So I can still send it after his 90 days? I wanna make sure that everything will be okay if I file the aos after 90 days or else I need to send it right now so they will receive it before his i94 expire.

It is ok, and like i said before, no need for the i130 or the $420. if you send it at the end of the month or in May, then your husband will be out of status just until noa1 is received. That's it! Once USCIS receives the paperwork, they will process it normally.

[blk 87]

Sorry, that is quite wrong actually. Even if she sends the paperwork 6 months after those 90 days are up, they still don't have to include an actual i130 form. The Op came here with a K1 visa, not on WVP. I think I remember seeing around here, that if they send the AOS 2 years after the 90 days are up, then the i130 needs to be included in the AOS as well

OP, you will just be out of status until you receive NOA1.

Well if I have got it wrong then I am sorry, but I like so many of us on here I can only go by what others say on here & I try to help others along on there journey

[Girl from Celebes 588]

Well if I have got it wrong then I am sorry, but I like so many of us on here I can only go by what others say on here & I try to help others along on there journey

I know the OP is not explain whether she's already married to her fiancé or not. But, if she got married before 90 days then she's still in frame time of K1 visa and can filed AOS whenever she's ready for her husband. But, if she married her fiancé after 90 days then she should included I-130 to her packet. There was a member here filed AOS for his wife after 2 years due his financial problem.

For OP: bear in mind, there are a lot cases here that after got married and did not file AOS immediately got picked up by police. Especially to those who are living close to borders.

Edit:

This link might be helpful for you.

http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

Edited April 18, 2014 by Girl from Celebes

[blk 87]

I know the OP is not explain whether she's already married to her fiancé or not. But, if she got married before 90 days then she's still in frame time of K1 visa and can filed AOS whenever she's ready for her husband. But, if she married her fiancé after 90 days then she should included I-130 to her packet. There was a member here filed AOS for his wife after 2 years due his financial problem.

For OP: bear in mind, there are a lot cases here that after got married and did not file AOS immediately got picked up by police. Especially to those who are living close to borders.

Well I have learnt a little bit more now, so I will not repeat my mistake

[Girl from Celebes 588]

Well I have learnt a little bit more now, so I will not repeat my mistake

Don't worry, I did not mean pointed out your mistake. I just want the OP got the answer that she probably needs. Everyone made mistake and learnt from it.

[lillakatoussa 12]

You don't need to send the I-130 & there is no extra fee. My husband came on a k-1, we got married in 90 days but didn't file AOS for 8 months. The application was accepted and he has an appointment for his biometrics next week. He was out of status for a good long while but we complied with the conditions of the k-1 visa (got married in 90 days). I don't necessarily advise you wait but sometimes there are circumstances that are out of your control. Good luck in the rest of your visa journey!