how much time to start AOS process?

[snz 0]

hey guys, here is another question. tell me please how much time do people have between visa and AOS? My friends got married on time but they need some time before starting AOS process. Visa K1 is expired. So the question is HOW MUCH time (maximum) do people have to start AOS process? .... Is there some rule about that? I would appreciate the web links to look at this. Thanks a lot.

[KarenCee 3]

It would be best to start ASAP. Usually people do this within the 90 day period but there isn't a die hard time frame for it. If your friend needs to work, he or she can't file for work authorization until AOS is filed for as they are filed concurrently. Same for AP (travel while waiting for AOS approval).

[snz 0]

yeah,KarenCee, you are right, we know about all kinds of troubles. And they are going to do everything ASAP... But the question is how long time she can be in the US Legally without starting AOS process (and her visa is expired)...I think this opportunity (to get Green Card) is not for ever (I guess you can not stay in the country during for 25 years without visa,without status, just being a wife of the same guy and after 25 years decide to start AOS)... I am pretty sure 25 years - is too long, lol.... So, what time is not too late for INS? 6 months? 1 year? 3 years? How long? Have anybody seen something about that somewhere on the internet?

[sjoefl01 1]

I don't think you will find anything written with a hard rule. I have never seen anybody denied AOS because they waited too long.

I think if you get right down to it your friend became illegal when the K1 expired. The thing that redeems legal status in the US is the filing of the AOS ( note filing and not approval ).

Having said that, I don't think that any government agency is going to track you down and remove you from the country because the K1 expired before you filed for AOS. If you were happy not working, driving, or traveling you could probably stay for 25 years easily with no problems. Most people are not happy in those conditions and file long before any kind of deadline might be necessary.

This process takes a little while. It is good to start soon so that you can get it over and get all of the rights that are granted to legal immigrants in America. I don't know how much you read but the USCIS is in Congress right now begging for tremendous rate increases. If your friend waits too long they might find an extremely higher cost associated with the process. Remember that the first card is only good for 2 years and you have to wait at least 3 to file for citizenship you could incurr some serious experience for dragging ### through this whole thing.

[KarenCee 3]

yeah,KarenCee, you are right, we know about all kinds of troubles. And they are going to do everything ASAP... But the question is how long time she can be in the US Legally without starting AOS process (and her visa is expired)...I think this opportunity (to get Green Card) is not for ever (I guess you can not stay in the country during for 25 years without visa,without status, just being a wife of the same guy and after 25 years decide to start AOS)... I am pretty sure 25 years - is too long, lol.... So, what time is not too late for INS? 6 months? 1 year? 3 years? How long? Have anybody seen something about that somewhere on the internet?

Well, you might want to have a read at the thread in OT about the widow being deported because her USC husband is deceased. This is one reason why it's so important (IMHO) to file AOS as soon as possible.

25 years sounds....a bit....LONG. I think I've read of someone filing 2 years afterwards. Just out of curiosity, why in heaven's name haven't they already filed?

[Lovetoteach 53]

Hi you really ought to get this filed asap. AS the I94 has expired whether married or not you are accruing unlawful presence.

I found this out in my case. Due to my husbands failure to attend the AOS interview down the line my AOS was denied. We sent off the AOS papers on October 20th 2004, My I94 expired on the 24th October and the petition was received on November 2nd 2004. Just a gap of 10 days. Now i'm in aposition where the AOS wasn't timely filed (within the expiration date) and the AOS denial. DUE to this my over stay went back to I94 expiration date. If the AOS had been filed before this I wouldn't have accrued as much unlawful presence. Just a word of warning

Shona

[Rob and Melinda 0]

Why in the world would anyone want to wait till the last minute to file for AOS?

After all you go through to get the visa, why jeapordize you green card by waiting too long...get er done!

Rob

[snz 0]

Thanx a lot, guys! All of you are totally right. It is a good thing to file AOS ASAP! Nobody is disagree. I just wanted to know is there some official point of INS about that or not. I guess this is a big secret if nobody knows. I am sure there is some period of time when people are allowed to start the process and the time when it would be too late to start without lawyer's help. If I find it I will post it here....If somebody will see what i am looking for , please let me know.Thanx again.

[Creel 0]

Unfortunately there are reasons to wait to file. We married over a month ago, his K-1 has expired, but the County has not processed the wedding license. Until they do their job we can not file with no fault of our own. The secod we get the license the documents are in the mail, but until then all we can do is wait.

[elyjack 0]

Unfortunately there are reasons to wait to file. We married over a month ago, his K-1 has expired, but the County has not processed the wedding license. Until they do their job we can not file with no fault of our own. The secod we get the license the documents are in the mail, but until then all we can do is wait.

By all means do it ASAP but I wouldn't worry too much about the delay. I remember reading a post on another board by an immigration lawyer in answer to the same question and he said there is really no specified time limit for filing the AOS. I think another poster who said you are now in the country illegally is technically correct but I wouldn't worry about them coming to get you. If my understanding is correct you technically started racking up overstay days when your visa expired. The only time those are going to be held against you is if you apply for another visa. That's when you generally get punished for your overstay. Since you have no reason for ever doing that after getting your green card it becomes a moot point.

I do remember reading a post by an immigration lawyer warning somebody who had a lengthy overstay of leaving the country before they got their green card EVEN WITH Advanced Parole. Don't know if you had any intention of doing that or not but if so you might want to check into it first.

[pnd629 0]

My understanding of the 90 day K visa, is that it must be used within 90 days. After the 90 days are up the visa is not valid to enter the United States--but that doesn't mean the holder of the K visa is here illegally.

A K-1 visa holder must get married before the visa expires, but they don't have to apply for AOS before the visa expires. Therefore there may often be a period of time where the visa has expired yet the couple has not filed for AOS. There are lots of reasons why the filing for AOS might be delayed.

[brtlmj 0]

By all means do it ASAP but I wouldn't worry too much about the delay. I remember reading a post on another board by an immigration lawyer in answer to the same question and he said there is really no specified time limit for filing the AOS. I think another poster who said you are now in the country illegally is technically correct but I wouldn't worry about them coming to get you.

Here's the thread: http://www.visajourney.com/forums/index.ph...=55759&st=0

Not filing for AOS within 90 days is a bit like not carrying a GC everywhere - technically illegal, but hardly anyone cares.

Bartek