K-3, AOS? Please HELP!!!

[JonathansWife 0]

I'm new to the forum, but have been reading and using the advice on here for quite a while. I love it!

Here is my problem now though:

My husband arrived in the US from South Africa on July 6th on a newly approved K-3 visa. We soon after applied for AOS, but sent in the wrong check amounts, so we just got it sent back with a rejection notice. I knew they were raising the prices, but thought if we applied before the deadline, it wouldn't apply to us. Anyway, now we have mega fees to pay and not enough money to survive, go to college, AND pay an extra grand for AOS right now. His K-3 says it expires in 09. Does that mean we have until then to apply? Can we wait maybe a year to apply for AOS and it not hurt our case?

He wants to stay here, of course. And we have no intention of trying to "cheat" the system or him stay here illegally. It's just a bad time. As you all can probably relate, we have put sooooo much time and money into this. I thought it would only get better from here. Boy was I wrong.

Any advice/thoughts/help would be greatly appreciated. Thank you!

[payxibka 10,045]

You are not under any mandated hurry to apply for AOS...

Just out of curiosity what amount and when did you send that caused the rejection?

[JonathansWife 0]

We thought it was going to be $515, and mailed it July 29th. Now it's going to be $1270 ...ouch. I just started college, so we're in a tight spot now.

Edited September 10, 2007 by JonathansWife

[payxibka 10,045]

We thought it was going to be $515, and mailed it July 29th. Now it's going to be $1270 ...ouch. I just started college, so we're in a tight spot now.

Forgive me but how did you calculate those numbers (both old and new)?

[JonathansWife 0]

That is the I-485 app fee (before, it was $395, now it is $930) and the work permit fee (before, it was $120 and now it is $340)

[payxibka 10,045]

That is the I-485 app fee (before, it was $395, now it is $930) and the work permit fee (before, it was $120 and now it is $340)

So on the original application you blew it on the EAD side because I think the fee was $180 not $120 as you had the I-485 correct ($325 + biometrics of $70).

Now for the new world..

I-485 is $930 + biometrics of $80 for a total of $1,010 and that is ALL!!! Your interim benefits of EAD and AP are included in the I-485 fee not in addition.

[JonathansWife 0]

That is the I-485 app fee (before, it was $395, now it is $930) and the work permit fee (before, it was $120 and now it is $340)

So on the original application you blew it on the EAD side because I think the fee was $180 not $120 as you had the I-485 correct ($325 + biometrics of $70).

Now for the new world..

I-485 is $930 + biometrics of $80 for a total of $1,010 and that is ALL!!! Your interim benefits of EAD and AP are included in the I-485 fee not in addition.

Hmm, Then why on the rejection notices, does it specifically say that the EAD is 340 and the I-485 is 930? Thank you for looking in to this. I'm so overwhelmed right now. I don't wanna mess this up.

[payxibka 10,045]

Hmm, Then why on the rejection notices, does it specifically say that the EAD is 340 and the I-485 is 930? Thank you for looking in to this. I'm so overwhelmed right now. I don't wanna mess this up.

Can't explain...

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for advance parole on Form I-131 and/or employment authorization on Form I-765. You may file the I-131 and I-765 concurrently with your I-485, or you may submit the I-131 and/or I-765 at a later date. If you file Form I-131 and/or I-765 separately, you must also submit a copy of the receipt for your Form I-797C, Notice of Action, as evidence of the filing of an I-485.

Link

Edited September 10, 2007 by fwaguy

[JonathansWife 0]

Thanks for the link. I guess I misunderstood.

[pushbrk 12,824]

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

[JonathansWife 0]

Wow, thanks for the info. That's so relieving. He wants to work, but isn't in a major rush to do so right now. We just have so much going on.

Congrats on your success with this crazy system!

[Urge To Race 2]

Fantastic. I was thinking of eventually doing the same thing. I would eventually have posed a question here asking if this was possible and a good idea (waiting for AOS so that the 2 year wedding anniversary passes before AOS interview), but I didn't want to put the cart before the horse. But now I know!

Cheers.

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

[pushbrk 12,824]

You'll want to carefully evaluate your own priorities and circumstances after US entry. My strategy isn't for everybody. In our case, we could file for EAD separately and did so.

Fantastic. I was thinking of eventually doing the same thing. I would eventually have posed a question here asking if this was possible and a good idea (waiting for AOS so that the 2 year wedding anniversary passes before AOS interview), but I didn't want to put the cart before the horse. But now I know!

Cheers.

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

[JonathansWife 0]

You'll want to carefully evaluate your own priorities and circumstances after US entry. My strategy isn't for everybody. In our case, we could file for EAD separately and did so.

Yes, we will probably also file for the EAD separately. Just so that he has it if we need it.

[Reba 2]

Well, unless they've changed it, for a Ke EAD should be filed separately and in that way he'd get a 2 year EAD (expires the same day as the K3) rather than a 1 year EAD based on the AOS.

Because the K3 is valid 2 years, you don't need to file the AOS right away, you can wait to file it later, but you'll want to do it before the K3 expires. If the K3 expires before the AOS interview, then there will be a period of time that he will be unable to work and/or travel.