AOS Filing Late

[STL_HCMC 0]

Hi Everyone!

My wife's I-94 expired on December 28, 2006. We were married on November 22, 2006 -- well within the 90 days alloted under the K1 visa.

On December 29, 2006 we moved to Bentonville, Arkansas for my new job. Prior to this (May 2005 to September 2006) I was employed by a private Vietnamese company in Vietnam. Thus, the period since our return together to the United States (September 2006 to December 2006) I was unemployed.

We plan to send the AOS application in tomorrow. We waited to file for specific reasons, including being able to obtain an employment letter and paystub from my new employer, and to avoid address change confusion in the middle of the AOS process. In addition, we were uneasy about sending the AOS application after we got married since I was still interviewing for jobs.

Anyway, I'm now employed full-time and earning well above the poverty limits, but I have these couple of questions:

1. Will we run into any kind of problems since we are filing AOS past the I-94 expiration date (18 days)?

2. Should we include a letter in the filing explaining our reasons for wating?

Thanks in advance for your posts!

STL_HCMC

[irishgirl73 0]

Hi Everyone!

My wife's I-94 expired on December 28, 2006. We were married on November 22, 2006 -- well within the 90 days alloted under the K1 visa.

On December 29, 2006 we moved to Bentonville, Arkansas for my new job. Prior to this (May 2005 to September 2006) I was employed by a private Vietnamese company in Vietnam. Thus, the period since our return together to the United States (September 2006 to December 2006) I was unemployed.

We plan to send the AOS application in tomorrow. We waited to file for specific reasons, including being able to obtain an employment letter and paystub from my new employer, and to avoid address change confusion in the middle of the AOS process. In addition, we were uneasy about sending the AOS application after we got married since I was still interviewing for jobs.

Anyway, I'm now employed full-time and earning well above the poverty limits, but I have these couple of questions:

1. Will we run into any kind of problems since we are filing AOS past the I-94 expiration date (18 days)?

2. Should we include a letter in the filing explaining our reasons for wating?

Thanks in advance for your posts!

STL_HCMC

I have read a few posts about the same thing & all the responses seemed to state that as long as you were married WITHIN the 90 days(which you were), then you should be fine. I don't think you will even have to include an explanation.

Someone else will let you know for sure

[Kez/JWolf 6]

There is no deadline for filing AOS... just file as soon as you can... there is no need for a letter explaining why you did not file before the I-94 expired... as long as you got married within the 90 days's you are ok...

Kez

[Miranda&James 8]

No, you should be fine based on previous experiences of other people who have filed late. One thing though, did you file your AR-11 change of address when you moved?

[STL_HCMC 0]

Yes. The AR-11 was filed, but it was filed in her married name -- not in her maiden name. I wasn't even thinking when I did this. Think I should file another one in her maiden name as well?

STL_HCMC

No, you should be fine based on previous experiences of other people who have filed late. One thing though, did you file your AR-11 change of address when you moved?

[Miranda&James 8]

Yes. The AR-11 was filed, but it was filed in her married name -- not in her maiden name. I wasn't even thinking when I did this. Think I should file another one in her maiden name as well?

STL_HCMC

No, you should be fine based on previous experiences of other people who have filed late. One thing though, did you file your AR-11 change of address when you moved?

I dunno about that with the name, I would think you'd be ok though since her A number is on it and that identifies her, just wanted to be sure you filed it though since a lot of people don't remember to do it.

[STL_HCMC 0]

Thanks for the reminder. I too figure with her 'A number' on there they would figure it out, but her maiden name is also on her SSN as well, because we ran into a stubborn SSA office that wouldn't process the SSN application in her married name.

Now that you can change your address online through USCIS.gov, I think I'll flie another in her maiden name just in case.

STL_HCMC

I dunno about that with the name, I would think you'd be ok though since her A number is on it and that identifies her, just wanted to be sure you filed it though since a lot of people don't remember to do it.