Married in April, Have yet to do AoS

[Psycholady 0]

I got approved for the K1 Visa in February and moved to America a week later. We got married on the 5th of April (within 90 days of entering the country). But now its 11th of August and we haven't sent off our Adjustment of Status forms yet. Is that going to be a problem?

[MATTOB 0]

No, as far as I know, just file for AOS.

[spidergirl 0]

I got approved for the K1 Visa in February and moved to America a week later. We got married on the 5th of April (within 90 days of entering the country). But now its 11th of August and we haven't sent off our Adjustment of Status forms yet. Is that going to be a problem?

What took you so long to file for AOS, we almost have the same timeline you could have been approved by now. I entered the US on February and got married on April, we filed for AOS on May and im just waiting for my green card right now. You have to apply as soon as possible.

good luck

[Devil's_Advocate 0]

Psycholady,

As long as you are comfortable with the fact that you are out of status, cannot legally work and cannot re-enter the US (should you need to leave for any reason) without re-filing for the appropriate visa then you are fine for not having filed for your AOS. When you do file, any out of status time will be forgiven since you're married to a USC.

spidergirl,

Your statement of filing for AOS "as soon as possible" is not accurate. When entering on a K-1 visa, you are required to marry within 90 days. There is no time frame in which one has to file for AOS.

What took you so long to file for AOS, we almost have the same timeline you could have been approved by now. I entered the US on February and got married on April, we filed for AOS on May and im just waiting for my green card right now. You have to apply as soon as possible.

good luck

[Psycholady 0]

Thanks everyone for your help, that's calmed me down a bit. Yeah, I know that I should have applied earlier; I wish we could have... We've just been have a few money problems lately. We haven't had $395 at hand as of late. But now everything is sorted out and we can now start the processing. I was just worried that filing the AOS late would cause a problem

Edited August 12, 2007 by Psycholady

[kim&james 0]

Thanks everyone for your help, that's calmed me down a bit. Yeah, I know that I should have applied earlier; I wish we could have... We've just been have a few money problems lately. We haven't had $395 at hand as of late. But now everything is sorted out and we can now start the processing. I was just worried that filing the AOS late would cause a problem

New fees came into play at the end of July. Is just over 1k now.

[Jasman0717 9]

You really should file AOS

[Kez/JWolf 6]

Wow lets hope you are able to pay the $1010.00 it now costs to do AOS....

Kez

[Psycholady 0]

Wow lets hope you are able to pay the $1010.00 it now costs to do AOS....

Kez

Yeah I heard, I was really shocked and upset about that Looks like me and my husband have more saving to do...

[jezz85 0]

That really sucks I wish you had have filed before the fee increase for your sake Good luck with the process, if you can scrape together the cash you'll be just fine

[eau_xplain 2]

In case you are not able to file within 6 months after your I-94 expired, do not travel overseas even if they give you an AP. The AP does not guarantee that you will be admitted back especially if your overstay is over 6 months. You'll have to wait for your green card before you can travel overseas.

[John & Annie 0]

Wow lets hope you are able to pay the $1010.00 it now costs to do AOS....

Kez

Yeah I heard, I was really shocked and upset about that Looks like me and my husband have more saving to do...

at least by paying the $1010. you do not have to worry about paying for EAD or AP, you just have to file the forms.

We waited a year after we were married to file for AOS and are just finishing the process.

[WifeOHunkyJohn 2]

In case you are not able to file within 6 months after your I-94 expired, do not travel overseas even if they give you an AP. The AP does not guarantee that you will be admitted back especially if your overstay is over 6 months. You'll have to wait for your green card before you can travel overseas.

We had no problems when I used AP at Christmas and we waited a year to file.

To the OP I say don't do what we did simply because being out of status (unable to drive or work or go on holiday to visit your family) well and truly sucks. We had our reasons and that was fine for us at the time, but if we could do it again we would file sooner so that, if nothing else, I could have been driving since CA is such an enormous place. That one simple freedom was enough to hold onto my sanity while we waited endlessly for our FBI name check to clear.

It's true that there are no black-and-white guidelines on when to file AOS, and they are very specific about using the K1 before the 90 days are up though don't have anything written in stone (that I have found) about the rules on when to file for AOS. For your own peace of mind, I recommend (call it "experience") that you file as soon as you can afford to, and the sooner the better.

And the advantage of filing now is that, ok so it costs more, but you are covered for AP and EAD where as we had to file them all separately and pay for them separately. The new fees have them already included and they can be renewed without additional cost (except maybe fingerprint fees... don't quote me) for as long as you are pending.

Take it from me, it might hurt financially, and you might feel the pinch for a while, but the peace of mind and the sense of being able to prove your status (being able to get an ID then a drivers license) are greater benefits to your sanity and your sense of belonging than you could possibly imagine.

Good luck and best wishes

Annie

[luvtravlin 0]

Thanks everyone for your help, that's calmed me down a bit. Yeah, I know that I should have applied earlier; I wish we could have... We've just been have a few money problems lately. We haven't had $395 at hand as of late. But now everything is sorted out and we can now start the processing. I was just worried that filing the AOS late would cause a problem

We just filed for AOS, a yr and 2 months later. It wasn't the finances so much, but that we were still working on "us" and seeing if the 2 of us, as a couple were truly going to make it. We would have waiting longer if the darn fees didn't go up.

My husband can't get his license either, we live in an area with great / reliable transportation that he can get around......or I drive.

They still haven't cashed our checks.....

Good luck to you.