Timeline for filing AOS and penalties for late filing; insf. funds

[rhavenkhess 0]

We were married within the 3 month period of the K1 visa but don't have the $1000 filing fee for the AOS. What do we do. We are fearful of accruing unlawful presence and possible deportation. Does anyone have info which might help? Thanks!

[Adrian-Gloria 43]

Ask somebody to lend you some $$?

[Pitaya 2,577]

~Moved from K1 Progress to Fam.-based AOS Forum~

~Inquiry about AOS process, past K1~

[Ontarkie 14,324]

~~One post removed for not contributing to the topic. If you cannot post constructively do not post.~~

[Dohan 133]

There are credit cards which carry 0% interest rate for up to 18 months and allow you to use money for personal use. I believe they either send you a check or make a deposit directly into your checking account. I believe Citicards and Chase cards are having offers like these now.

Some banks like TD also offer an emergency cash option, which allows you to withdraw up to $300 at a time, even if you don't have this amount in your checking account. You of course have to repay this money but it's a great option to have, all you do is just go to your atm and withdraw the amount that your bank allows.

This is the best I can come up with at the moment, I hope it helps. Best of luck in the rest of your journey!

[TheCaptain 67]

Without the ability to process the AOS paperwork the beneficiary will be out of status and could possibly be detained by ICE. There is a real possibility they may be detained if they are stopped as the result of a police interaction, with the worst case scenario being deportation.

I would beg or borrow the money from family/friends or take out a short term loan or credit card to come up with the funds. Make sure this is rectified as soon as possible.

I have heard of people here who have waited multiple years to file AOS and they have not had any problems. But all it takes is one interaction or suspicion from a police or emergency services officer to have ICE knocking at your door.

As soon as your receive the NOA1 for the AOS, out of status ceases and the beneficiary is in adjustment status and once again legal.

Good luck with finding the funds. The quicker you can find it the better.

[hopeful 4 XMas 19]

I would borrow $$ from someone I know if you can. as stated above

I will tell you what I have done in money crunches before and that is to liquidate assets. I had to sell a couple of guns once, there are plenty of people looking to buy face to face at a fair price legally. Sold stuff on craigslist. I have taken out a personal loan before. Done side work for people mowing lawns cutting firewood, I have raised cash quickly before doing these things.

The petitioner being able to work legally may consider working a second part time job, and putting all of the cash towards the filing fee. I have had three jobs at one time before and started over financially twice. Scrimp, scrape and save.

If you put your minds to it, you can find ways to raise a quick $1,000.

[_Paul&Jesica_ 70]

As others have stated, once your I-94 expires, which is 90 days after you enter the US, and you are legally married per the requirements of the K-1, you transition into out of status until you file for AOS (I-485). Also note that your medical expires 1 year from the examine, so if you delay longer than a year, you will have to do the entire medical over again for AOS. You will still need to file the I-693 (medical) for AOS, but if your results are current, then you only need to have your vaccinations transcribed by a Civil Surgeon. You might also just be able to submit without the I-693 but I have heard mix-results with that.

If you can borrow the money and file soon, that would be your best course.

Good luck!

[abner137 48]

You can adjust or not adjust whenever you like. Just don't get in trouble and you can't work or leave the country....

[KayDeeCee 4,894]

There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval.

There is a very small chance of being detained while out of status and waiting to file for AOS. Deportation would not happen, but no one wants to be detained and have to go in front of an immigration judge either. Stay away from border checkpoints and using buses for transportation. File as soon as possible.