late to apply aos

[graciey 0]

ive been almost 3 years here n Us and married but just now we start apply my aos,my husband is in military due to his hectc deployment dnt had time for my aos but now we apply but im worried coz my visa and i94 already expired.can i have trouble then?and also now we have 2 kids if i apply my aos to i need their birthcertificate too?their both born here in US..i just wonder if some cases like mine having trouble to process aos cozz my viza and i94 expired but i got married right away b4 my visa and i 94 expired and have my ssn already..

[Bobby+Umit 161]

Yes - you could get in trouble - if ICE/CBP finds you out of status, you could be deported - however, that is unlikely - but that is the worst case thing to happen.

Your best bet is to file for the AOS right now. Once you get the NOA from it, your "safe".

If you leave the US at anytime, even if you are granted the AP, you will be looking at a ban upon re-entry - so don't leave the US.

Your children are not part of the AOS - since they are USC's. However, they will be counted for the 864 now.

What visa did you enter on? K-1?

[Deputy Purple 1,294]

You might have to provide an I-130 with your AOS as technically you can only Adjust from K-1 to Conditional (2yr) Green Card but if you've been married more than 2 yrs USCIS is supposed to issue you an Unconditional (10yr) Green Card.

[jezebelseven 0]

You might have to provide an I-130 with your AOS as technically you can only Adjust from K-1 to Conditional (2yr) Green Card but if you've been married more than 2 yrs USCIS is supposed to issue you an Unconditional (10yr) Green Card.

I strongly suggest filing the I-130. My husband and I were married for 3 years before we filed but did not file an I-130, and thus only received a 2 year conditional green card.

You'll also need a full medical as it will have expired as well.

One recent topic that touched on it is here: http://www.visajourney.com/forums/topic/274414-two-years-passed-since-marriage-do-i-need-to-take-a-full-medical

Edited September 29, 2010 by jezebelseven

[graciey 0]

thanks for the replies guys..im just confuse about i 130 i check its for k3 visa do i need to include it to my aos package?i came here use a k1 visa

[JimVaPhuong 4,863]

thanks for the replies guys..im just confuse about i 130 i check its for k3 visa do i need to include it to my aos package?i came here use a k1 visa

The I-130 is a petition for an alien relative. It's used for a lot of different types of visas.

The potential problem is two different sections of the immigration law. One section says that someone married to a US citizen for more than two years must adjust to an unconditional permanent resident. Since you've been married three years, this would seem to apply to you. Another section says that a K1 visa holder can only adjust to a conditional permanent resident. Since you entered with a K1 visa, this would also seem to apply to you. You can't adjust to both conditional and unconditional permanent resident. USCIS might decide that they can't adjust your status based on the K1 since you've been married three years, and instead require you to adjust based on being an immediate relative of a US citizen. In order to adjust on this basis you need to show that an immigrant visa number is immediately available to you. The I-130 is used for this.

Nobody can say for sure what USCIS will do since it's apparently up to the immigration officer to determine whether to allow you to adjust based on the K1 or require you to adjust as an immediate relative of a US citizen. The risk if you send an I-130 and it isn't needed is that you'll have wasted the filing fees for the I-130, but it shouldn't affect the I-485 AOS application. The risk if you don't send an I-130 and the immigration officer decides it's needed is that they could deny the I-485, and you'd have to start over paying fees for both.

[sanfran2418 1]

Wow..now im a bit worried..I am also late putting my package together and after the filing fees + civil surgeon fees, x rays and other stuff I wont have more money for a while to cover the extra i130 fee for my wife and daughter. I wonder how many people have been denied the i485 because of this.