When to apply for AOS

[NinaLu 38]

1 minute ago, Cheschirecat said:

Yeah, it’s not right now. Please file. My husband and I witnessed a wreck so we had to talk to police. I had all the NOAs in the car, but I was nervous. 

I am extremely grateful that I asked the question here before doing anything. We will definitely file ASAP so that I will not enter the "out of status" loop for no good reason. Will definitely follow your example as well. 

 

As someone above pointed out, immigration takes a lot of things including planning and we messed up on that but luckily it is not too late.  It initially seemed slightly ridiculous to me that they are cracking down on legal immigration when you've already met the requirement of marriage, but it only makes sense now that I've thought about it and it is not funny in the least. 

[NinaLu 38]

2 hours ago, K1visaHopeful said:

BUT you should check your DS3025 for completeness.

You may have been given a waiver for "vaccines not routinely available" and it could be marked complete in the bottom left corner.

I wouldnt assume you need anymore vaccines until you check that out.

 I have checked to see if that was the case, sadly it is not. I was told that they were not available while I had my medical, however on the form they seemed to have checked "K visa applicant electing not to be vaccinated at this examination"...... either way, as I thought, I am indeed missing some. 

[Sav&Har 142]

Simply put, your AOS application/adjudication will not be affected solely because you go out of status, and thus there is not such a loop, your AOS will be processed just as normal. It could be any other reason but not that. But as I said before on this thread. File as soon as possible. Your question is totally okay. What get people, or should I say a few, riled up and maybe surprised (because of how commonly it has been asked recently) is the fact that you should and is important to assume the process (specially K1 holders) is not over until you have a residence in hand. So it's important to know ahead of time want is the next step, and act accordingly and in a timely manner.

Even for people who are aware of the process, things can be delayed for any reason, but you should try the best you can to avoid delays. We already anticipated even before we applied for the K1 visa that upon my arrival we were going to be a little constrained financially and were expecting a possible delay on applying in time for AOS, it end up being true and I was out of status for almost 3 months but I was always was aware of the risk. Luckily I am a home person and don't go out much beyond yard chores for my in-laws near where I live. Even a 3min walk to the post office if I were to be asked for ID, it would had been over for me. And there is no way to get around it after that point, if there is, I can assure is not cheap, easy and/or pleasant. In the end I was not asked about it at the AOS interview and didn't cause any issues in my approval. I also didn't have the vaccinations completed on my K1 overseas exam and I had to re-do the medical exam (I was unlucky finding a doctor who just fill out the vaccination part of the i-693 Form) but I made sure I performed it and sent it with the AOS package to avoid any delays in the processing. 

[Sailormooon 268]

I filed for AOS after my i-94 expired and my greencard is scheduled to arrive tomorrow. I had no questions or issues with it but technically I was ‘out of status’. When you file, that ‘overstay’ is forgiven. I had a k1 visa.

Edited June 13, 2019 by Sailormooon

[Ed&Midori1031 330]

The sooner the better.  People say to apply for AOS within the 90 days, due to being out of status after the 90 days are up, but it's completely up to the applicant.  My wife and I wated 2 months after her 90 days expried, and we recent got approved for our AOS (of course I requested expedite).  I've read people even waited years to apply.  Ultimately, the sooner the better. 

[geowrian 22,337]

Reminder that it is against the TOS to advise or condone illegal immigration activities (i.e. overstaying a visa).

Providing info about AOS eligibility after the I-94 expires is fine, as are personal experiences of  having done so.

[Rocko20 159]

I filed 2 weeks after I got married to my foreign spouse on the K1, the sooner the better.

 

It took around 8 months from the day they receive the AOS application until the day we had the GC interview.

 

[Sav&Har 142]

10 hours ago, Ed&Midori1031 said:

The sooner the better.  People say to apply for AOS within the 90 days, due to being out of status after the 90 days are up, but it's completely up to the applicant.  My wife and I wated 2 months after her 90 days expried, and we recent got approved for our AOS (of course I requested expedite).  I've read people even waited years to apply.  Ultimately, the sooner the better. 

While is true that is up to the applicant, given we are ones choosing whether to apply for the benefit or remain of out of status and subject to deportation. People shouldn't think that way, but rather to apply for the benefit as soon as they can, otherwise we're leaning to doing something that is against the law. Once the 90 days are up, we are (were) in unauthorized stay and subject to removal from the country. There is really no real benefit on not applying for it sooner anyway. Some of us happen to have an extra delay on applying for the benefit with a more justifiable reason (at least myself I wish we could have applied within the 90 days) but waiting years to apply for no reason just seem to me like a complete negligence and probably not even deserving of the benefit.

[Ed&Midori1031 330]

16 hours ago, Sav&Har said:

While is true that is up to the applicant, given we are ones choosing whether to apply for the benefit or remain of out of status and subject to deportation. People shouldn't think that way, but rather to apply for the benefit as soon as they can, otherwise we're leaning to doing something that is against the law. Once the 90 days are up, we are (were) in unauthorized stay and subject to removal from the country. There is really no real benefit on not applying for it sooner anyway. Some of us happen to have an extra delay on applying for the benefit with a more justifiable reason (at least myself I wish we could have applied within the 90 days) but waiting years to apply for no reason just seem to me like a complete negligence and probably not even deserving of the benefit.

Agree