pre aos question

[mox 298]

The law is very clear - as a spouse of a USC your wife does not need a visa to stay in the U.S.

I have never, ever, ever heard of anyone having any problems because they took to long to file AOS. What I have heard is they have problems arising from other situations such as exiting the country and attempting to come back, criminal problems, etc.

I've heard of people having problems by waiting excessive amounts of time right here on VJ. Not here in RUB, but in the AOS section.

Taking a few months between getting married and filing for AOS is not a crime and is not even a big deal. You are completely within your legal boundaries to do so.

Absolutely. I'm not talking about a couple months, I'm talking about excessive amounts of time. The problems I've seen is when couples wait many, many months. You could probably get away with waiting 6 months, no problem. I wouldn't wait any longer. Yes the law is the law, but we also know that USCIS likes to make up or creatively interpret their own laws. Better you put your money towards AOS than towards an immigration lawyer who has to explain the law to USCIS so your spouse can remain in the country.

The only benefit I see for getting AOS quickly is your SO can work and drive sooner. Some states they can drive without local ID but some they need a GC to do it. Either way, they need some kind of status to work legally. No matter what, do it when you're ready and don't freak out about taking a few months to send it in. Shake off all those "Well I've heard....." stories because delaying does nothing to put you on the wrong side of the law. There is no time limit.

I definitely don't want to scare anybody into filing AOS quickly. On the other hand, I want to encourage people to make it a priority. We (and/or our sponsor) all had to meet a certain income minimum to get the initial visa, so an AOS within 6 months shouldn't be a hardship on most anybody. It's not urgent to knock it out quickly, but it really needs to be a top priority.

[jundp 191]

Starting AOS immediately is awesome when you have several thousand dollars in the bank. When you don't, you're not going to be able to send your SO home in the event of a family situation or for any other reason. You probably won't even have enough money to file the AOS in the first place.

Why would you bring your fiance(e) to the US and prepare for the wedding and a life together WITHOUT making sure you have the money to file for AOS?

[HOPE11 0]

once we are married do we have to file for aos within the k1 visas 90 days.....or does the marriage give us an extension?...i hope this made sense.

Hello...its best to file AOS before her medical exam expired..as some said its only valid for a year. she will only need to complete her vaccination record and fee of 1,010 usd for AOS filing. I am the in the same situation with you guyz...been here 9 mos now. I and my fiancee got married within the 90 day period of my k1 visa. Right now, we are doing our best to submit the AOS before my medical expires...Wish u both good luck!!!

[mox 298]

Why would you bring your fiance(e) to the US and prepare for the wedding and a life together WITHOUT making sure you have the money to file for AOS?

Er...who cares really?

[jundp 191]

Er...who cares really?

Er...just asking a valid question. If you are going to be bringing over the person you are intending to marry, it makes sense that you'd prepare by having everything you need to finish the journey.

[FortLaudy 10]

This is a valid question. I think there are a lot of reasons which could be explored and maybe helpful to someone else going through the same process.

Not knowing 100% how much the whole journey will cost and not budgetting enough before beginning the process and running out of funds before AOS, I think as with many other projects it's always more expensive than you thought it would be.

Postponing the AOS process if one is not 100% sure the person married you for love? It's ultimately signing that sponsorship paper that has you on the hook, not the marriage.

[mox 298]

Er...just asking a valid question. If you are going to be bringing over the person you are intending to marry, it makes sense that you'd prepare by having everything you need to finish the journey.

The point being, there are many different reasons somebody would "bring [their] fiance(e) to the US and prepare for the wedding and a life together WITHOUT making sure [they] have the money to file for AOS." Some people barely qualify for the minimum poverty guidelines, and it's all they can do to get their fiance(e) over here in the first place. Or for many other reasons. It's simply not germane to the argument.

Postponing the AOS process if one is not 100% sure the person married you for love? It's ultimately signing that sponsorship paper that has you on the hook, not the marriage.

The time for determining your husband/wife's intentions is before the marriage, not before AOS.

[jundp 191]

Ok. I suppose I just feel it's best to be as prepared as possible. Especially when not being so may be risky.

[SMR 368]

Ok. I suppose I just feel it's best to be as prepared as possible. Especially when not being so may be risky.

I had money in the bank to cover the AOS but it honestly was just because I try to always have money in the bank. I didn't look at the cost ahead of time and was quite surprised that it is as expensive as it is.

[Deputy Purple 1,294]

The law is very clear - as a spouse of a USC your wife does not need a visa to stay in the U.S.

Really? Where is the law clear about that?

If this is true then what is the point of AOS or even bothering with ROC for that matter?

[FortLaudy 10]

The time for determining your husband/wife's intentions is before the marriage, not before AOS.

How it should be, I think sometimes people don't afford themselves enough time for That but get married on a whim. I saw it like this:

Guy marries hot young foreign girl, everything seems great, but still he has that nagging feeling it does seem to good to be true and that she might not be around after receiving her 10 year GC.

So, if he initially stalls the AOS process for x number of months, that means she'll have to stay with him for not only 2 years before receiving the card, but 2 years + the amount of time before intial filing of AOS. Not saying this is the case, just another scenario to answer the very valid question.

[mox 298]

Really? Where is the law clear about that?

If this is true then what is the point of AOS or even bothering with ROC for that matter?

Really?

Without AOS she cannot:

- become a permanent resident.

- leave the country and come back without a visa.

- get a drivers license.

- work.

- become a citizen.

(this is just off the top of my head, there's probably tons of other stuff)

However, without AOS she *can*:

- remain in the country.

Which is slim's point.

[FortLaudy 10]

Really?

Without AOS she cannot:

- become a permanent resident.

- leave the country and come back without a visa.

- get a drivers license.

- work.

- become a citizen.

(this is just off the top of my head, there's probably tons of other stuff)

However, without AOS she *can*:

- remain in the country.

Which is slim's point.

Not to be judgemental or say that this is the case, but just a thought from watching too much Forensic Files, lol, what you describe above seems perfect for someone who is a control freak, wanting complete control over the one he "imports"?

[mox 298]

Not to be judgemental or say that this is the case, but just a thought from watching too much Forensic Files, lol, what you describe above seems perfect for someone who is a control freak, wanting complete control over the one he "imports"?

I'm sure that in most cases the US citizen fills out all the paperwork and everything, but technically it is in fact the non-USC who is petitioning for AOS. In that sense, the only way the USC could really be a control freak is by refusing to assist with the filing or refuse to attend or cooperate at the interview. It probably happens, but it sure would be a waste to spend all that money and time to bring somebody over, just to torpedo their AOS filing.

[FortLaudy 10]

I'm sure that in most cases the US citizen fills out all the paperwork and everything, but technically it is in fact the non-USC who is petitioning for AOS. In that sense, the only way the USC could really be a control freak is by refusing to assist with the filing or refuse to attend or cooperate at the interview. It probably happens, but it sure would be a waste to spend all that money and time to bring somebody over, just to torpedo their AOS filing.

Yes for a normal guy it would be a waste to not file for AOS. But if the foreign SO is nothing more to him than an expensive imported sex toy he intends to use for a couple of months, it makes a whole lot of sense.

Also: In most cases the USC is also the sponsor, refusing to sign the paperwork to sponsor AOS = no AOS.

If he just intends to use her and send her back, he will not want to do AOS as he'll be on the hook for sponsorship.