Postpone AoS

[londongal 17]

Long shot but husband and I were wondering if there is any way to delay applying for the AoS? Our baby is due in July so we could really do with the extra cash right now for some baby things.

We got married on the 21st May but my k1 visa in my passport says it expires 9 June. How long is the medical valid for?

Is there any way around this for us or do we just need to bite the bullet and find the money now?

[NikLR 13,227]

You can wait but since you wont have legal status in the USA you may not be covered by medical insurance so check into that.

[KayDeeCee 4,893]

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.

You need to file within a year of your K-1 medical date, or see a civil surgeon for a new medical.

[Pitaya 2,577]

Additionally, if you live near the southwestern US border, there are known mobile CBP checkpoints in southern Texas. If your immigration documents are expired, or not in order, you may be detained.....certainly something to avoid if at all possible, that could certainly ruin your day.

Here is an older post by VJ veteran TBoneTX speaking about the mobile immigration checkpoints: http://www.visajourney.com/forums/topic/357867-travelling-within-the-us/

The remedy is to file for AOS as soon as possible.

Good luck on your immigration journey.

[aaron2020 11,651]

Bite the bullet and file for AOS. Why would you want to be out-of-status and illegally be living in the US? That's a dangerous position to be in.

[Lemonslice 4,841]

Babies don't need much. Legal status is more important.

[SanneW 30]

Once you apply for the AOS you can also file the EAD and AP with it. The EAD you will get most of the time in less than 3 months. So if you would apply now, get the baby in about a month, spend some time with the baby and once you are ready to work, you will mostlikely be allowed to work as well due to EAD. This way you can make some extra money. I think that will be more worth it than saving the money right now to be honest, even if it is just a small at home job, or a parttime job, you will get that money back in no-time instead of waiting...

Just get some used things, ask around in family if they can help you with some used things etc.

[MASH 172]

Long shot but husband and I were wondering if there is any way to delay applying for the AoS? Our baby is due in July so we could really do with the extra cash right now for some baby things.

We got married on the 21st May but my k1 visa in my passport says it expires 9 June. How long is the medical valid for?

Is there any way around this for us or do we just need to bite the bullet and find the money now?

I recommend doing the AOS first as you won't be really saving money as the medical is only good for 12 months plus the AOS fee is getting higher by I think close to $500 soon this year if goes through

Atleast with the AOS it comes with EAD/AP (if filed with it) that way once the baby is born and you are able to work you can get more money and not have to struggle cause if the end like I said if you don't do AOS you won't be really saving money at all cuz the $1000 would just go towards a new medical plus the new AOS fee

[yuna628 9,676]

Long shot but husband and I were wondering if there is any way to delay applying for the AoS? Our baby is due in July so we could really do with the extra cash right now for some baby things.

We got married on the 21st May but my k1 visa in my passport says it expires 9 June. How long is the medical valid for?

Is there any way around this for us or do we just need to bite the bullet and find the money now?

Certainly there is no law that states you must immediately file to adjust status....and there are people for whatever reason delay to do so, however if you do not then you become out of status, which.. let's face it, isn't the best status to be in.

Filing for AOS protects your status in this country. If you do not file to adjust within one year of having your overseas medical, you're going to have to redo everything. That's pretty expensive, as a civil surgeon can charge you whatever they please. You had your medical in December?, which means you have to consider how much time has currently elapsed already.

If you file for AOS with EAD+AP, it will be helpful for you in the future. If you haven't obtained an SSN already, you'll be needing an EAD. If you need a license at the DMV, they won't give it without an EAD. An EAD at least gives you a temporary legal ID of your admissibility in the US, while you wait for a green card approval. If you haven't signed up or have a health insurance plan yet (and I hope you have), you're going to need some sort of way of proving your legality here.

So my suggestion, is yes bite that bullet. You've got a baby coming, and you don't need another headache on your hands to worry about. Get the paperwork done, and after you have a simple biometrics appointment, you'll just be waiting to hear something for a long while. You'll get your EAD within 90 days which will be helpful, as there's no telling when the green card will get approved.

[KayDeeCee 4,893]

I recommend doing the AOS first as you won't be really saving money as the medical is only good for 12 months plus the AOS fee is getting higher by I think close to $500 soon this year if goes through

Proposed new filing fee for the I-485 is $1140 from $985, an increase of $155.

[londongal 17]

Thanks everyone for your advice, we are going to find the money - do we just need to have "filed" it by the date of my k1 expiry date? so if we post it on the 8th June, the day before it expires that should be fine?

[NikLR 13,227]

Thanks everyone for your advice, we are going to find the money - do we just need to have "filed" it by the date of my k1 expiry date? so if we post it on the 8th June, the day before it expires that should be fine?

No it doesn't need to be sent before then.

Your K1 expired the day you used it. You had 90 days on your I-94 in which to get married.

[KayDeeCee 4,893]

Thanks everyone for your advice, we are going to find the money - do we just need to have "filed" it by the date of my k1 expiry date? so if we post it on the 8th June, the day before it expires that should be fine?

No. There is no deadline to file for AOS. As long as you married within 90 days of entry. Once you file for AOS, you will be a new period of authorized stay. If you file after your I-94 expires, you will accrue overstay for the days between when it expires and your I-485 receipt date. However, overstay does not matter for the spouse of a USC, and once your AOS is approved, it will not matter at all.