When to apply for AOS

[NinaLu 38]

Hello friends! Getting straight to the point, I remember reading something about this but I do not seem to find any mention of it at the moment. 

 

I am here on a K-1 visa, set to expire July 2nd. We have already met the requirement and have married May 14th, however I seem to be slightly confused on when it is still alright to apply for the AOS. Will it cause us issues if we were to apply for it past July 2nd or are we supposed to apply before the visa itself is set to expire? 

[Crazy Cat 41,857]

The visa expiration date is irrelevant now that you have used it to enter the US.......Once your I-94 expires (90 days after arrival), you will be out of status, and subject to deportation.  Once you file the I-485, you will be granted "authorized stay" until the AOS is adjudicated.  

Edited June 12, 2019 by missileman

[milimelo 4,479]

You’re out of status once I-94 expires. AOS puts you in pending status. With current climate the sooner you file AOS the better. And they do accept credit cards as form of payment. 

[Just Paul 4,595]

12 minutes ago, NinaLu said:

married May 14th

As soon as you can.  Technically you are out of status until you file after July 2.

Edited June 12, 2019 by Paul & Mary

[geowrian 22,337]

You can apply after the 90 days from entry, but you would be out of status until you did. So I would absolutely not recommend this. There was a case a few weeks or so ago where somebody was put into jail due to being a passenger in the car that was pulled over and they didn’t file for AOS within the 90 days.

[USS_Voyager 1,972]

You're supposed to apply before the I-94 expires (usually 90 days after the day you landed in the US). The visa is irrelevant now, it's served its purpose. 

[Crazy Cat 41,857]

There is a recent case here on VJ where a poster was a passenger in a car which was stopped by police.....Because she had not yet filed her I-485, she was jailed for 5 weeks.....Her case is still in progress to my knowledge.

 

EDIT:  @geowrian beat me above...but it is worth repeating....😁

Edited June 12, 2019 by missileman

[NinaLu 38]

Thank you everyone for clearing this up! It is the doctor appointment that is making us cut it close but it looks like we should hurry up. Thank you for all your replies 🙂

[SalishSea 17,829]

17 minutes ago, NinaLu said:

Hello friends! Getting straight to the point, I remember reading something about this but I do not seem to find any mention of it at the moment. 

 

I am here on a K-1 visa, set to expire July 2nd. We have already met the requirement and have married May 14th, however I seem to be slightly confused on when it is still alright to apply for the AOS. Will it cause us issues if we were to apply for it past July 2nd or are we supposed to apply before the visa itself is set to expire? 

Why would you wait to apply?

[USS_Voyager 1,972]

5 minutes ago, NinaLu said:

Thank you everyone for clearing this up! It is the doctor appointment that is making us cut it close but it looks like we should hurry up. Thank you for all your replies 🙂

Just don't get arrested after your I-94 expires and you haven't file the AOS yet. 

[Ben&Zian 4,398]

How many posts is this now this week alone about when to file for AOS, how to file for AOS, or do we need to file for it? Seems like an awful lot.

[USS_Voyager 1,972]

4 minutes ago, USS_Voyager said:

Just don't get arrested after your I-94 expires and you haven't file the AOS yet. 

 

3 minutes ago, Ben&Zian said:

 

I'm not kidding. There was one person wrote that she was so afraid after her I-94 expired and they didn't have the money to file the AOS, so she decided to not go out of the house so there is no chance she'll get into an accident or something... 

[NinaLu 38]

4 minutes ago, Ben&Zian said:

How many posts is this now this week alone about when to file for AOS, how to file for AOS, or do we need to file for it? Seems like an awful lot.

Hahahah my apologies. I did browse through the history quickly but I did not find the answer to my question and perhaps I should have searched for longer. I am well documented on how to file, but I did not have the knowledge on this topic in particular. I hope you do not find it overly irritating. 🙂

[Crazy Cat 41,857]

2 minutes ago, NinaLu said:

Hahahah my apologies. I did browse through the history quickly but I did not find the answer to my question and perhaps I should have searched for longer. I am well documented on how to file, but I did not have the knowledge on this topic in particular. I hope you do not find it overly irritating. 🙂

As we all know, the immigration process is a very long, complicated, stressful ordeal........and it requires a great deal of knowledge, planning, time, patience, and money.........a lapse in ANY of those areas usually results in a poor outcome or serious bumps along the path.

[Ben&Zian 4,398]

12 minutes ago, USS_Voyager said:

 

I'm not kidding. There was one person wrote that she was so afraid after her I-94 expired and they didn't have the money to file the AOS, so she decided to not go out of the house so there is no chance she'll get into an accident or something... 

 

Oh I know I was laughing about it cause of that other poster who ranted about ICE and immigrations and all not listening to them about "planning to file" for AOS shortly but got arrested for being out of status and stuck in jail and removal proceedings, and all they did was blame everyone else for their lack of planning and choices.