What is the Deadline to file for AOS?

[Not Available 0]

I am already a week out of status and still havent filed because we are still saving for it. It's a lot of money for one income.

[desert_fox 32]

The instructions for the I485 give an exception to being out-of-status for K1 people who are filing to adjust status.

[scy 0]

Don't listen to the panic-mongers... there is no definite date by which you HAVE to have filed for your AOS or they'll deny you. The only absolute requirement is that you marry within the 90 days. After that you have to file for AOS as soon as you can, but that doesn't mean run out and do it tomorrow... lots of people can't scrape together the money for a few months, or have to wait for their marriage certificate etc.

I'm getting tired of the panic-mongers who say that you HAVE TO FILE BEFORE YOUR I-94 EXPIRES. That's just plain not true. If it was I wouldn't be sitting here today with a green card in my hand. I arrived in November, married in December and planned to file for AOS after we got our tax return to pay for it in January... come Jan we filed our taxes and then my husband lost his job and we had to start again because he couldn't file the affidavit unemployed. By the time everything was sorted out and we were able to file it was April and I'd been out of status for three months. I worried about a lot of things, but I never worried about that and it wasn't an issue... nobody even asked why we filed late and I was approved without an interview.

The short answer is file as soon as you can manage to. For one thing, you can't get an EAD until you file for AOS and your partner can't work until they get the EAD! So the sooner you file for it the sooner you'll be able to become a two-income family...

This is terrible advice. What you're saying is that it's ok to break the laws if your personal finances don't allow you to obey the laws. It's sort of like a person who continues to drive a car without insurance if he can't afford insurance. Sure he can continue to drive the car until he is caught. But when caught, he will face stiff penalties.

And make no mistake, if you are out of status for even one day you can be subjected to removal proceedings. I echo the advice of others here. File for adjustment of status as soon as you can while you're in status. There is nothing more important, except maybe a major illness. If you don't have money, go borrow it or pawn some personal items.

[Autumnal 25]

Pawning personal items is a bit excessive. O_o

Ideally, yes, file as soon as possible. If that means trimming expenses around the house (like going without cable, eating a bit frugally) and looking to other means (cashing in a bond or asking Dad and Mom for help, taking a temporary part time job) then definitely consider it. But if you know that it's going to be almost impossible and you've already scraped the barrel for everything you can, that's what you have to face.

[Chiara 0]

Thanks so much to everyone who replied!

The financial situation I mentioned isn't really the lack of money to file for AOS. It's my fiance's 3 years of taxes. We basically don't have them yet. We managed to get throught the visa interview without them (we had bank statements instead) but now it's a requirement, and to fix taxes requires much more money than to just file for AOS. It's ok, we'll find the money and do everything in time. I guess I just didn't realize it was such a big deal, I thought once you get married within 90 days, after that it's ok to wait a while before filing for AOS. Now with your advice we'll try to do it as quickly as possible.

Thanks again!

[Not Available 0]

Read the I-485 instructions under Who is Not Eligible to Adjust Status:

You are not elegible for adjustment of status if any of the following apply to you:

-- You failed to maintain your non immigrant status, through no fault of your own or for technical reasons; unless you are applying because you are:

- A K-1 fiance(e) or a K-2 fiance(e) dependant who married the United States petitioner within 90 days of admission;

Edited March 25, 2006 by Stina

[scy 0]

Read the I-485 instructions under Who is Not Eligible to Adjust Status:

You are not elegible for adjustment of status if any of the following apply to you:

-- You failed to maintain your non immigrant status, through no fault of your own or for technical reasons; unless you are applying because you are:

- A K-1 fiance(e) or a K-2 fiance(e) dependant who married the United States petitioner within 90 days of admission;

You forgot to mention another disqualification:

You are not eligible for adjustment of status if any of the following apply to you:

-Your authorized stay expired before you filed this application;

Believe all you want about the legality of your current stay. But as of this moment, you do not have legal status inside the US. You are here illegally. And your adjustment of status can be denied because your authorized stay expired before you filed for adjustment of status.

[Not Available 0]

Well then I guess we will see.

[Peggy 1]

If you dont have the AOS filed before your visa expires. I dont think they are going to come find you and kick you out of the US.

Do it as soon as YOU can afford it. Each person is different. Just dont leave it too long.

A couple of weeks or even a month is not in MO going to hurt anyone.

Why freak someone out telling them they could get deported if they dont file within the 90 days.

Give me a break

[zyggy 9]

Thanks so much to everyone who replied!

The financial situation I mentioned isn't really the lack of money to file for AOS. It's my fiance's 3 years of taxes. We basically don't have them yet. We managed to get throught the visa interview without them (we had bank statements instead) but now it's a requirement, and to fix taxes requires much more money than to just file for AOS. It's ok, we'll find the money and do everything in time. I guess I just didn't realize it was such a big deal, I thought once you get married within 90 days, after that it's ok to wait a while before filing for AOS. Now with your advice we'll try to do it as quickly as possible.

Thanks again!

You do not require 3 years of tax information. The USCIS put out a policy statement stating that only one year of tax return information was now required. So go ahead and file the I-485 with only your last filed tax return...

[Chiara 0]

Can you give a link to that information or tell me where I could find it? Thanks!

[hcj 0]

Can you give a link to that information or tell me where I could find it? Thanks!

http://uscis.gov/graphics/formsfee/forms/i-864.htm

Scroll down a little to second half of page.

[Kajikit 65]

[quote name='hcj' date='Mar 24 2006, 02:40 PM' post='92497'

What panic mongers? No one in this thread has said that if they will be denied if they file past X date.

If you want to see a panic-monger, just look at scv The fact is that many people file months late and they don't have any problem because of it... sure there COULD be a problem but only if you break the law before you file. And if you break the law later you could still be deported, even after you have citizenship! So it's not worth worrying about. Why should people spoil their honeymoon worrying themselves sick about some stupid paperwork, or a marriage certificate they don't have yet, or a tax return that hasn't been filed?

[hcj 0]

What panic mongers? No one in this thread has said that if they will be denied if they file past X date.

If you want to see a panic-monger, just look at scv The fact is that many people file months late and they don't have any problem because of it... sure there COULD be a problem but only if you break the law before you file. And if you break the law later you could still be deported, even after you have citizenship! So it's not worth worrying about. Why should people spoil their honeymoon worrying themselves sick about some stupid paperwork, or a marriage certificate they don't have yet, or a tax return that hasn't been filed?

Kajikit: Aw, that's not fair, scv came into the conversation after you made the panic monger comment. ;o) I do agree that some of scv's info was incorrect.

[Kajikit 65]

I used my esp? Actually, I've seen this thread topic come up so many times and every time somebody says 'OMG you mean you haven't filed yet, you're gonna get deported!' or the equivelant...