Advice on Marriage/AOS

[Jaseball]

Hi-

 

My fiancee has been here about 2 weeks now. In one week we should be able to get apply for her SS number.

 

We need to get married before the 90 days are up and plan on doing so in late February or early March.

 

The problem I have is AOS. I recently lost my job. A victim of our economic downturn. Barring major disasters there is no problem with just living while I look for a new position.

 

What I am concerned about is timing of the AOS and possible denial.

 

Is there a time limit to file AOS after marriage?

 

Would I be better off taking a job that just meets the requirements and filing?

 

Should I just ask for support and have a co-sponsor file with me?

 

Any advice would be appreciated.

[Richard & Li]

We had to wait for her SSN before marriage in our state. That was no problem (once Li understood why I was waiting). It turned out to be a very auspicious day (08-08-08). I'll never be that guy who forgets his wedding anniversary.

 

There is a line on the I-864 that is "Employed Since".

 

A lay-off implies eventually going back to work. If that is the case with you, maybe you should list your last employer as your current employer.

 

If there was any indication of permanent loss of the job, then I would not use that as the current employer.

 

I suggest always being honest with USCIS whatever you decide to do.

 

Good luck & best wishes.

[Guest jin979]

We had to wait for her SSN before marriage in our state. That was no problem (once Li understood why I was waiting). It turned out to be a very auspicious day (08-08-08). I'll never be that guy who forgets his wedding anniversary.

 

There is a line on the I-864 that is "Employed Since".

 

A lay-off implies eventually going back to work. If that is the case with you, maybe you should list your last employer as your current employer.

 

If there was any indication of permanent loss of the job, then I would not use that as the current employer.

 

I suggest always being honest with USCIS whatever you decide to do.

 

Good luck & best wishes.

 

 

i think you are supposed to file within the 90 days. after that she is "out of status" some file after with no problems maybe not too long after.

i got my ss# 10 days after getting here. state id card issue only valid until visa expires then had to wait until AOS p-1 (state rule) to get another one (valid for 6 months) wont issue full one until GC receiced.

[Richard & Li]

i think you are supposed to file within the 90 days. after that she is "out of status" ...

 

Correct. Make sure to file before the I-94 exit date.

[Randy W]

i think you are supposed to file within the 90 days. after that she is "out of status" ...

 

Correct. Make sure to file before the I-94 exit date.

 

 

The "out of status" status is ignored for a reasonable period of time. Many of us have mailed it in after that point.

[LeeFisher3]

In this economic environment if you can secure a new job I'd do it, it will also make your wife feel more secure knowing her new husband is not jobless.

 

You MUST get married within 90 days, but there isn't a time limit on filing AOS. Others have waited for as much as a year from entry to file AOS without consequences, but I wouldn't suggest it as that also means she will not be able to travel outside of the US or get a job if she desires.

 

If your letter of employment is recent you could give it a shot. The only issue that could come up is at the AOS interview if they ask if you still work for "XYZ company".

 

I was actually in a jobless state when my wife had her AOS interview and the question was "What does XYZ Company do?", I went into the full sales pitch of how the company started and when I started with the company followed up with a history of what the company did and the different things I had helped the company accomplish, by this time the IO had moved on and turned about 3 pages in the file and interrupted with a different line of questioning about the case.

[georgeandli]

With the K-1 you must MARRY within the 90 days of entry. Nowhere does it say you must file for AOS that fast. Just remember the clock starts ticking for filing for the ten year green AFTER you get the two year.

[Richard & Li]

Really? I stand corrected.

 

I was scrambling to get our AOS/EAD packages completed and submitted before the I-94 exit date.

 

Oh well, I'm glad to have gotten it out of the way quickly.

[Guest jin979]

just remember with new law she may notbe able to get/ renew state id if out of status and AOS not filed.

[yuehan123]

Let me answer your question with a question. If, for whatever reason(s), you are denied at the AOS interview for failing to meet the financial support requirements will you wish you had provided a qualifying co-sponsor upfront?

 

I know what my answer would be.

 

In any event, I would not delay the AOS submission based on waiting for suitable employment. Too many other things are interdependent with the AOS submission. You might say they are mutually exclusive. No AOS, No fill-in-the-blank.