Latest Anyone Filed for AOS?

[Texsinbad 6]

For a variety of reasons, we have not filed for AOS, and it has been about 4 years.  We are now getting everything ready to file and were wondering if there had been any other late filers and any problems they may have encountered for filing late?

 

Thanks

 

 

[Umka36 781]

Wow that's a long wait to get status. If you married within the 90day per the terms of the K1, then there shouldn't be a problem (if not then you'll have to include the I-130).

 

You will also be getting the 10yr PR card and bypass the ROC stage as you have been married more than 2yrs. Don't forget to redo the medical as well as the old one has long expired.

[Going through 5,671]

There's no time requirement for filing the AOS, so there's no penalty for waiting as long as you have, so long as you got married within your 90 day window.

 

Most likely, the IO will just wonder as to your explanation why you waited as long as you have during your interview, though, and why you chose to remain out of status for that length of time. 

[Texsinbad 6]

Yes, we got married within the 90 days.  As I said, there have been reasons we haven't filed before, and there hasn't been any good reasons to do it until now.  Now, we want to do it so that she can go back to the Philippines to visit her family.

 

So, we will get everything together, including a new medical exam, and file for the AOS.

[SteveE 25]

I arrived in the US in 1988 and got married in early 1989 to my now ex-wife ( a US citizen). We started the AOS process and had our interview after which I received an 1-551 stamp in my passport. We separated soon afterwards and were divorced before two years and never completed the process.

 

I met my current wife (a US citizen) some 20 years ago and we married in 2000. 

 

We had intended to file AOS and had gathered all the paperwork we needed to file‚ but for one reason or another we just never actually got round to doing it. After the election and the current climate regarding immigration‚ we decided that it was really something that we needed to take care of‚ and so in January this year we mailed our completed AOS package.

 

I have remained in the US since I arrived in 1988 from the UK (I am a UK citizen) and I had been out of status since 1991‚ so do the math and I was out of status for 26 years.

 

We had our interview (Los Angeles) in June this year (the interview date was 141 days after my priority date) and the interview took maybe 45 minutes to an hour. We were never separated‚ or even questioned as to why we had waited so long to file. The immigration officer was very polite and friendly‚ asked a few questions about my first marriage‚ asked about how we met. At the end of the interview he gave us a notice saying the case was held for review and he said he just needed to check a couple of things with his supervisor about procedural details and we should hear by the end of the week (I think the interview was on a Tuesday).

 

The following day I received notification our case was approved and on 6/16 my 10 year green card was delivered.

 

I would certainly not recommend following the same course we took‚ but there were no issues related to the time it took us to file.