PREPARING AOS

[Tine Lao 0]

Hello, need help with preparing my AOS. I am currently on K1 fiance visa and just got married last month (Nov2019). My I-94 is due until Jan14 2020. My concern is, is it okay to file my AOS late? like 2 weeks to a month after my I-94 expires? I am caught up with completing my documents considering of the holidays and will probably complete all my requirements sometime Febuary 2020. Will appreciate all your inputs. Thank you.

[Sarge2155 4,587]

55 minutes ago, Tine Lao said:

Hello, need help with preparing my AOS. I am currently on K1 fiance visa and just got married last month (Nov2019). My I-94 is due until Jan14 2020. My concern is, is it okay to file my AOS late? like 2 weeks to a month after my I-94 expires? I am caught up with completing my documents considering of the holidays and will probably complete all my requirements sometime Febuary 2020. Will appreciate all your inputs. Thank you.

Officially there is not an official time to submit the AOS just as long  as you do it after marriage. The requirement is marry within 90 days. It is the accepted practice to both marry and submit your AOS within the initial  90 days if you can, but no there is no penalty for filing after your I-94 expires, just try to file ASAP!

[TBoneTX 45,313]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" Case Progress subforum -- OP is at that stage.

[payxibka 10,045]

8 hours ago, Tine Lao said:

Hello, need help with preparing my AOS. I am currently on K1 fiance visa and just got married last month (Nov2019). My I-94 is due until Jan14 2020. My concern is, is it okay to file my AOS late? like 2 weeks to a month after my I-94 expires? I am caught up with completing my documents considering of the holidays and will probably complete all my requirements sometime Febuary 2020. Will appreciate all your inputs. Thank you.

What is the delay?  There are no special or unusual documents required for filing 

[Sweetdreaming 397]

3 hours ago, payxibka said:

What is the delay?  There are no special or unusual documents required for filing 

most likely the financial burden im guessing

[Sarge2155 4,587]

23 minutes ago, skjourney said:

most likely the financial burden im guessing

I'd  agree with that, it's quite a bundle!

[Sweetdreaming 397]

should also add, people have gotten into difficulties filing late which you can read about on this very forum,  there seems to be an overall crackdown on "overstays" and being without status and not having filed for AOS it would leave you vulnerable and isnt without risk.

If you can find any way to file it before your I-94 expiration date id strongly recommend it.

Edited December 26, 2019 by skjourney

[Pitaya 2,577]

14 hours ago, Tine Lao said:

Hello, need help with preparing my AOS. I am currently on K1 fiance visa and just got married last month (Nov2019). My I-94 is due until Jan14 2020. My concern is, is it okay to file my AOS late? like 2 weeks to a month after my I-94 expires? I am caught up with completing my documents considering of the holidays and will probably complete all my requirements sometime Febuary 2020. Will appreciate all your inputs. Thank you.

There is no hard and fast USCIS regulation about the timing of filing AOS. The best suggestion here at VJ is to file your AOS/EAD/AP as soon as possible after you get married, hopefully well before your I-94 expires. The reason for that is that when your I-94 expires, you are out of status. If you live near the southern border, there have been reports of CBP officers at mobile checkpoints and at domestic air terminals, checking for valid immigration papers. When your I-94 expires, you will not have any valid immigration papers. After you file your AOS/EAD/AP, you will receive your NOA1 receipt of AOS application. You would then be in a "special status" since the NOA1 document shows that you have filed for a Green Card (GC) and are awaiting processing. If you encounter a CBP checkpoint without a valid I-94 or AOS NOA1 receipt, there is a distinct possibility that you will be detained. You could be detained until you can have a hearing before an immigration law judge. It has been reported there is likely over one (1) million cases pending in the immigration judicial system. SO.....file your AOS/EAD/AP...AS SOON AS POSSIBLE, if not sooner !  

 

When traveling in areas near the southern border, or for domestic air travel, I would suggest that you carry your valid passport, a copy of the marriage certificate, and your valid I-94 or AOS NOA1 receipt, to avoid immigration official entanglements.

 

On to another matter, we need a little housekeeping from you if you will. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks, and good luck on your immigration journey.

 

[Crazy Cat 41,888]

14 hours ago, Sarge2155 said:

Officially there is not an official time to submit the AOS just as long  as you do it after marriage. The requirement is marry within 90 days. It is the accepted practice to both marry and submit your AOS within the initial  90 days if you can, but no there is no penalty for filing after your I-94 expires, just try to file ASAP!

No penalties? Tell that to this lady who spent 5 weeks in jail after getting caught during a traffic stop....There are no benefits to delaying filing the I-485...none at all!!!

 

 

 

Edited December 26, 2019 by missileman

[Crazy Cat 41,888]

2 hours ago, Sarge2155 said:

I'd  agree with that, it's quite a bundle!

It is something which should be planned long before the new immigrant arrives........borrowing the money is much better than being out of status.

[Tine Lao 0]

Thank you everyone for shining a light on my worry. Am trying my best to get it all done before my I-94 expires. I'm still waiting for my husband's tax forms and our marriage cert. Been making a follow up but its not arriving yet. Bless you all. Thank you again.

[DaveAndAnastasia 2,092]

On 12/26/2019 at 7:50 AM, skjourney said:

most likely the financial burden im guessing

But in reality delaying things only makes things worse financially in the long run.

If you put off AOS, you're delaying your spouse's ability to work legally, and also risk the fees going up.