Married for 2 years but can't afford to file AOS until now

[mary_ann1 0]

How are you all doing? I am in need of some serious advice. My husband (USC) and I have been married for 2 yrs now but we havent filed my AOS yet because of financial issues. I got here in the US thru a k-1 visa. We got married within the 90 days period. My husband got laid off from his job just right after we got married and then I got pregnant and he was just on unemployment benefit so we couldn't really afford the fees for AOS. I gave birth and he got a contract job and we were still gettinf back on our feet and trying to take care of our little one when he got laid off again fron his contract job because his contract ended. Now he just got a job, a full time job but we still haven't filed my AOS yet. We are happily married and we are blessed with a little girl. I know I am out of status but I just wanna ask you guys for some legal advice. Also, I wanna go visit my family from my native country because they havent seen our baby yet.

[Harpa Timsah 13,258]

You must file AOS now and you cannot leave until you get your GC. Good luck.

[Merrytooth 5,748]

You will need a new medical exam I-693 form for AOS too.

Another sum of money to be set aside for the civil surgeon visit.

[Boiler 45,559]

Time to get her going.

[baron555 934]

How are you all doing?

Great

I am in need of some serious advice. My husband (USC) and I have been married for 2 yrs now but we havent filed my AOS yet because of financial issues. I got here in the US thru a k-1 visa. We got married within the 90 days period. My husband got laid off from his job just right after we got married and then I got pregnant and he was just on unemployment benefit so we couldn't really afford the fees for AOS. I gave birth and he got a contract job and we were still gettinf back on our feet and trying to take care of our little one when he got laid off again fron his contract job because his contract ended. Now he just got a job, a full time job but we still haven't filed my AOS yet.

Not an issue

We are happily married and we are blessed with a little girl.

Congrats

I know I am out of status

Correct. You can not legally work and if you left the US, you would need to apply for a CR-1 visa (more money and about a year's time) before you would allowed back in.

but I just wanna ask you guys for some legal advice.

Nothing legal, just immigration regulations and requirements

Also, I wanna go visit my family from my native country because they havent seen our baby yet.

You can leave at any time; you won't be allowed back in though, per above. You don't have to AOS at all, ever, but if you want to work or to get back in if you leave, I'd suggest it.

[C-ma'am 684]

**Post moved from K1 to AOS from family visas

[mary_ann1 0]

Thanks for y'all replies. I am a stay at home mom first because we cant afford to send our baby to daycare and also because I dont have a status and SSN. I had a free consultation with an immigration lawyer before and she said the k1 visa is not for deportation since we are married and got married within the 90 day period and it is not a high risk situation but I just dont have a status. Im not sure if what she said was right that if I will go out of the country (US) she said I will be banned for 10yrs compared to what baron555 said that I can still apply for a CR-1 visa. For now I cannot say when can we file for the AOS. I hope we can get back on our feet soon. I just wanna ask too if there are some organizations that can help me on my status and on filling it without any fees.

[Boiler 45,559]

You can do the paperwork yourself, most on this site have.

That will save the legal fees.

[Tina and Johan 206]

Thanks for y'all replies. I am a stay at home mom first because we cant afford to send our baby to daycare and also because I dont have a status and SSN. I had a free consultation with an immigration lawyer before and she said the k1 visa is not for deportation since we are married and got married within the 90 day period and it is not a high risk situation but I just dont have a status. Im not sure if what she said was right that if I will go out of the country (US) she said I will be banned for 10yrs compared to what baron555 said that I can still apply for a CR-1 visa. For now I cannot say when can we file for the AOS. I hope we can get back on our feet soon. I just wanna ask too if there are some organizations that can help me on my status and on filling it without any fees.

I KNOW people will correct me if I'm wrong, but it's my understanding that once you adjust your status AND have your green card in hand, you can come and go as you please. When people send in their AOS in a timely manner, they can also get an Advance Parole (AP) card, which allows them to re-enter the US before they have their green card in hand. You have been out of status for too long to now qualify for an AP card. You will have to send in your AOS forms, then wait for the Green Card to get to you before you can leave AND re-enter the US.

[Merrytooth 5,748]

There is no fee waiver for filing AOS ($1070) since AOS requires I-864 affidavit of support.

But you can save money by filling up the forms yourself, instead of using a immigration attorney.

[mary_ann1 0]

Yeah we cannot afford an attorney. That was just a free consultation because I just wanna know what we should do and also what my status is. I just hope and pray that when we file my AOS, I just hope that there will be no court hearings because I overstayed or maybe worst for them not to grant my Green Card.

[belinda63 3,038]

The attorney was sort of right. You have been out of status and deportable since your I-94 expired. The chances of you being picked up depend on where you live and are very low unless you commit some crime. But it could happen that you would be picked up. Most likely you would have a court date where it would be determined you are eligible to obtain a green card due to your marriage and you would be ordered to file for AOS within so many days.

You do have a 10 year ban from re-entry to the US if you leave now. When you apply for AOS you can also apply for AP at no extra charge and technically it will permit you to re-enter the US despite your overstay. With that said it is not a certain thing.

Best to start saving now and when you have the money get your medical exam done and file for AOS.

[Harpa Timsah 13,258]

There will be no penalty for filing late. File now.

[queng 5]

Can she use co-sponsor in her case???

[Boiler 45,559]

Yes