Juette Posted April 25, 2007 Report Share Posted April 25, 2007 We married on 2/9, but she entered on 1/25. Do we have to do AOS within a certain time period? Thanks,Juette Link to comment
tywy_99 Posted April 25, 2007 Report Share Posted April 25, 2007 I don't think there is any set time for when a person should file the AOS paperwork but the USCIS relys on the good faith of the person needing to file. They expect this person to be responsible for themselves.A person should file as soon as they can so that they can begin to assimilate into the society in which they plan on living and working. Does that make sense? Link to comment
yuehan123 Posted April 27, 2007 Report Share Posted April 27, 2007 I vaguely recall some other discussions on this topic dealing primarily with the notion that once the K visa expires the holder is probably accumulating unlawful presence. In our case, we were stopped and questioned at an Immigration checkpoint southeast of El Paso, Texas on I-10. The Border Patrol agent quickly noted my wife's K visa was expired. We did have the AOS Notice of receipt in our possession. However, we were not asked for it. This was an outside the building visual/verbal interrogation. No computers were involved that I am aware of. Generally speaking, the advice I can recall is to have the applicant apply before the original 90 day visa expires. I also recall that others have applied later, apparently without adverse consequences. Link to comment
pkfops Posted April 27, 2007 Report Share Posted April 27, 2007 Before the visa expires is good. You just might get screwed overby security; so be ready. 10 %? Link to comment
tonado Posted April 28, 2007 Report Share Posted April 28, 2007 http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htm Q. We can get married in the 90 days required, but won¡¯t get to file the AOS by then. Are we ¡®out of status¡¯ ? A. First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won't be filing for AOS until after expiration of the 90 days. If possible, avoid the issue by filing for AOS within the 90 days. If you can't, I don't see a significant problem, but I wouldn't dally too long before I filed. A. More info: K1 holder- do i have enough time?, date to get married is close to 90days http://candleforlove.com/forums/index.php?showtopic=14533 Suggestions on Filing AOS, should we wait? http://candleforlove.com/forums/index.php?showtopic=14425 Straight From The Horses Mouth, Info On How To Apply for AOS http://candleforlove.com/forums/index.php?showtopic=11662 Link to comment
IluvmyLi Posted April 28, 2007 Report Share Posted April 28, 2007 http://candleforlove.com/FAQ/CFL_FAQ_AOS_Final1.htm Q. We can get married in the 90 days required, but won¡¯t get to file the AOS by then. Are we ¡®out of status¡¯ ? A. First, the instructions say that a K-1 fiance(e) is eligible to file if he/she married the US citizen who filed the petition within 90 days. Then the instructions go on and describe those who are not eligible. Among those not eligible are individuals who failed to maintain their non immigrant status (out of status). While this would technically include fiance(e)s who married within 90 days but who are still in the US on an expired visa, the instructions specifically carve out an exception for such people. By doing so, I think the instructions recognize that some K-1ers won't be filing for AOS until after expiration of the 90 days. If possible, avoid the issue by filing for AOS within the 90 days. If you can't, I don't see a significant problem, but I wouldn't dally too long before I filed. A. More info: K1 holder- do i have enough time?, date to get married is close to 90days http://candleforlove.com/forums/index.php?showtopic=14533 Suggestions on Filing AOS, should we wait? http://candleforlove.com/forums/index.php?showtopic=14425 Straight From The Horses Mouth, Info On How To Apply for AOS http://candleforlove.com/forums/index.php?showtopic=11662 So it appears that the I-94 card in her visa is proof that she is eligible for employment? No EAD needed? http://candleforlove.com/forums/index.php?...f=7&t=10720 Link to comment
Randy W Posted April 28, 2007 Report Share Posted April 28, 2007 (edited) So it appears that the I-94 card in her visa is proof that she is eligible for employment? No EAD needed? http://candleforlove.com/forums/index.php?...f=7&t=10720 The I-94 card allows her to apply for an SSN. It is also proof that she is eligible to apply for AOS and EAD, which in itself can be enough to gain employment. Remember that it expires after 90 days. Edited April 28, 2007 by Randy W (see edit history) Link to comment
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