Applying for AOS

[Faith88’ 68]

Greetings !

 

My inquiry is about the time frame for filing AOS application. My fiance' arrived in Feb. We got married in March and his visa expires within the first two weeks of May. I am wondering it is absolutely necessary for me to file AOS before the visa expiration date? I have had some unexpected expenses and I do not have the extra money at this time.

[Ben&Zian 4,398]

6 minutes ago, Faith88’ said:

Greetings !

 

My inquiry is about the time frame for filing AOS application. My fiance' arrived in Feb. We got married in March and his visa expires within the first two weeks of May. I am wondering it is absolutely necessary for me to file AOS before the visa expiration date? I have had some unexpected expenses and I do not have the extra money at this time.

 

As many many others have been told, while as long as marry within the 90 days, you can technically file for AOS years later and still have no issues. Most people end up filing a few days after the 90 days, and no issues... that being said, once the i-94 expires, he is out of status and eligible to be detained and even deported. Just being married to you means nothing really. Plus, he will just be sitting around doing nothing since he won't be able to work. This is why all these expenses should be preplanned and money set aside to avoid this issue. 

[Crazy Cat 41,855]

There are really no benefits to delaying........if at all possible, I would file.......but I agree with @Ben&Zian

[SalishSea 17,829]

12 minutes ago, Faith88’ said:

Greetings !

 

My inquiry is about the time frame for filing AOS application. My fiance' arrived in Feb. We got married in March and his visa expires within the first two weeks of May. I am wondering it is absolutely necessary for me to file AOS before the visa expiration date? I have had some unexpected expenses and I do not have the extra money at this time.

Also might want to consider that a delay in filing will result in a delay in your spouse being able to work and contribute to the household income.

[treppenwitz 78]

43 minutes ago, Faith88’ said:

I have had some unexpected expenses and I do not have the extra money at this time.

USCIS also accepts credit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

[Faith88’ 68]

Thank you all for your responses I’ll file as soon as I can it will probably be a few days after the 90 days 

[treppenwitz 78]

5 minutes ago, Faith88’ said:

Thank you all for your responses I’ll file as soon as I can it will probably be a few days after the 90 days 

It'll be $535 more expensive since an I-130 will also be required: https://www.nolo.com/legal-encyclopedia/if-the-i-94-k-1-visa-expired-can-i-still-adjust-status.html

[Crazy Cat 41,855]

Self deleted

Edited April 10, 2019 by missileman

[Faith88’ 68]

11 minutes ago, treppenwitz said:

It'll be $535 more expensive since an I-130 will also be required: https://www.nolo.com/legal-encyclopedia/if-the-i-94-k-1-visa-expired-can-i-still-adjust-status.html

Wow.. thank you in that case it will definitely be before the i94 expiration