AOS FOR k1 and k2 visa

[Maggzz 3]

Good day. Need advice here if there’s anyone who have idea or experience filling late AOS for k1 and k2 visa. My k1 and k2 visa will expire in a week and still we haven’t filed the AOS yet due to financial issues but we would be able to have the money latest January of 2020 anyone here who has experience filling late aos?

[USS_Voyager 1,972]

3 minutes ago, Maggzz said:

Need advice here if there’s anyone who have idea or experience filling late AOS for k1 and k2 visa

There is no difference in filing late AOS vs non-late AOS. You file exactly the same.

 

4 minutes ago, Maggzz said:

My k1 and k2 visa will expire in a week and still we haven’t filed the AOS yet due to financial issues but we would be able to have the money latest January of 2020 anyone here who has experience filling late aos?

The visa expiration does NOT matter. You have 90 days after entry to the US to file AOS. After that, they are out of status. The only consequence if AOS is not filed within 90 days is that they are out of status and subject to deportation, if they are somehow caught by law enforcement. The chances of that are small, however, people have been thrown in to jails or ICE/USCIS have paid them a home visit of people on K1/K2. People have reported instances like that on VJ. So the risk is there. 

[geowrian 22,337]

Beg, borrow, or even use a credit card. While it’s unlikely to run into enforcement in the short time while out of status and without authorized stay, it is a risk and would not be the first this year to have it happen.

[Unlockable 7,314]

20 minutes ago, Maggzz said:

Good day. Need advice here if there’s anyone who have idea or experience filling late AOS for k1 and k2 visa. My k1 and k2 visa will expire in a week and still we haven’t filed the AOS yet due to financial issues but we would be able to have the money latest January of 2020 anyone here who has experience filling late aos?

I agree with the above posts. Although you have satisfied the requirements of the K visa (marrying in the 90 days) there is a risk associated with not being in status due to a failure of filing. As mentioned, the worst case scenario is legal action but is still not likely to happen. Also, your new spouse is not even able to help you earn money to help with the fees because s/he needs to file for work authorization when you file for AOS.

 

And at the risk of sound like nagging, this is something that should have been planned and saved for beforehand. All information regarding fees are available so save or borrow if need be beforehand to prevent yourself being in a situation like this where you are scrambling to scrounge up money to keep your loved one legal. You can use this as a learning experience for your next steps. Remember that your K1 and K2 will only get a 2-year conditional card after AOS, and when those two years are up, they have to apply for ROC (Removal of Conditions), which will again cost a lot of money. If they don't do the ROC, they will again be out of status and deportable. It is never too early to start planning and saving.

 

Good luck

[Ed&Midori1031 330]

43 minutes ago, Maggzz said:

Good day. Need advice here if there’s anyone who have idea or experience filling late AOS for k1 and k2 visa. My k1 and k2 visa will expire in a week and still we haven’t filed the AOS yet due to financial issues but we would be able to have the money latest January of 2020 anyone here who has experience filling late aos?

There have been couplea that wait months and even years after the K-1 visa expires.  My wife and I waited 3 months after we were married due to financial issues.  It will be no harm if you plan to file then, but as mentioned before, your wife being out of status until the application gets submitted to USCIS. 

[Pitaya 2,577]

3 hours ago, USS_Voyager said:

There is no difference in filing late AOS vs non-late AOS. You file exactly the same.

 

The visa expiration does NOT matter. You have 90 days after entry to the US to file AOS. After that, they are out of status. The only consequence if AOS is not filed within 90 days is that they are out of status and subject to deportation, if they are somehow caught by law enforcement. The chances of that are small, however, people have been thrown in to jails or ICE/USCIS have paid them a home visit of people on K1/K2. People have reported instances like that on VJ. So the risk is there. 

The risk is real and it is here. The attached link talks about an ICE raid this past summer from the OPs state, this one was in rural Morrison County, Minnesota.

https://www.mprnews.org/story/2019/07/02/minnesota-immigration-crackdown-farmers-trump

I know I feel a lot safer knowing that ICE's contribution to the prez's recent executive order to start "enhanced immigration enforcement" netted some "unsavory" undocumented doing of all things, working in an egg farm. Is Barney Fife the patron saint of ICE agents?

 

File you AOS as soon as possible to avoid possible detention issues.

 

Good luck on your immigration journey.

[Metal927 1]

On 11/11/2019 at 8:38 AM, Maggzz said:

Good day. Need advice here if there’s anyone who have idea or experience filling late AOS for k1 and k2 visa. My k1 and k2 visa will expire in a week and still we haven’t filed the AOS yet due to financial issues but we would be able to have the money latest January of 2020 anyone here who has experience filling late aos?

Hello. There is no late filing of AOS after you got married within 90 days of your entry, Sister. As long as you got married within the 90 days period. Okay? you can file when you are ready. Others find the need to file it ASAP when they want to get a job here in the US.

[millefleur 5,044]

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