Just curious KimandRuss..

[rebeccajo 14]

I also feel it's extremely irresponsible for a VJ mod to suggest that it's fine not file within the suggested timeframe. Not filing on time is just asking for problems.

Seriously, it might be rude to suggest this, but as a mod I think you've been way out of line in several places in this topic.

i disagree. the op in this story has stated in previous threads they had money problems. suggested timeframes are just that - suggested, not mandatory.

Charles, "money problems" isn't really a good excuse for allowing your foreign-born spouse to be out of status. Persons legally admitted on a K1 but who have not filed for adjustment prior to the expiration of their I94 are, legally, without status. Once adjustment has been filed, they are STILL without a defined status within the code. The pending application, however, does offer them some legal protections.

Over and over again on VJ we read the standard advice that waiting to file is no big deal. This is poor advice and poor advice indeed.

i understand that it isn't considered a good excuse, but things do happen and people may have to put off filing for the aos due to that. and as you pointed out, even after filing they still don't have a defined status (after all, who's gonna run to the grocery store with their aos submission package or noa's as proof just in case they get stopped?). while i understand the need to file for aos asap, i can also understand that things do happen that are unplanned and filing may be put off due to financial hardship.

in no way am i advocating withholding filing of aos as a method of controlling a spouse.

Not picking on you at all, Charles. Just disagreeing.

I believe that USC's should plan for this expense - that the funds for this step of the process should be accounted for and put aside in the same manner we plan for initial filings, medical exams and everything else it takes to bring the spouse to the US.

In the alternative, I would advocate going so far as taking a cash advance on a credit card if there are no other viable solutions.

I'm dog-with-a-bone adamant about this because I believe so strongly in the concept of REAL LIFE after immigration. It is my observation that the romance and elusiveness of long-distance relationships can cloud the mind to what lies beyond the visa. If a person can't even grasp the concept of planning ahead financially for adjusting the status of their foreign-born spouse, I wonder if they will be able to handle all the intricacies of culture clash combined with marriage.

Edited December 18, 2008 by rebeccajo

[chavelle 6]

I only used Del Rio as an example because my brother is a doctor down there and gets to hear and share all the good stories of events over at the checkpoint (its a small, boring town lol). There are many, many examples of getting through unscathed. I'll even offer one. The couple who set us (my wife and I) up flew over with me last year for our wedding. They were in the "lifting conditions" stage between filing and approval and at the time I think it was taking 9-12 months for those petitions to be processed. <may still be> Well.....guess what? They left their NOA at home, flew overseas with me, and re-entered with her expired green card. I wouldn't interpret their subsequent 2-hour ordeal behind closed doors as just a "gray area of immigration law" just because they (immigration) made an exception to their own policy and allowed her to go ahead and re-enter the country, nor would I offer that example as "they got through so it's optional to carry your proof of status when you travel" either. My friend was a dumba$$ for that actually - we still tease him about that.

VJ is for advice only. Rebecca summarized it nicely. The advice that has been for the most part given is to maintain current status and that advice follows the regulations. The original post implied that there is a higher expectation on the moderators on the site to keep their advice within written, legal, and regulatory grounds.

How many USC VJ members have to carry the new TWIC cards because they work in industry? We have to go in, do biometrics, and carry that card to work every day or we don't get to work. Would that be put off? What about keeping your drivers license current? What is the statistical possibility of being stopped if you fail to renew your license and registration - but still that gets done? Do we buy a house or car with no plans or intentions to actually make the mortgage or note? Do we manage to maintain car insurance? Those things get done, because if they don't, then the USC potentially takes personal consequences that are somehow more important than the potential consequences of their spouses being checked and out of status. Yet, somehow, people get on here and puke BS justifications for putting the legal status of their loved ones in jepeardy and then prioritize the status of their loved ones down at the bottom of the list with the legal requirement for shots and licenses for their pets (who among us had not put THAT off for awhile and i'm hoping LaL and the cat crew doesn't crucify me on the spot for admitting that). Panic? I'd panic too if that was my place as a spouse in a household.

when my husband and i went to ElPaso,Texas i was out of status for 3 days but the border patrol just scanned my passport and asked my husband if i am on K1 visa,my husband told him that were already married...they are familiar with the type of visas...that's why im curious now..

He is holding back the AOS in order to control the poor woman!!

[sara..... 371]

im gonna jump in here u can flame me if u want.

stuff happens and thats a fact but i think there is something the he didnt know there is a fee waiver that he could apply for and if he has proof that before he got into financial trouble and is fully capable of taking care of her but could not file because of the high fees taken away from the children and also her needs it might have made this situation easier for him and her.

it does not matter if we agree with him or not or if we feel this or that because of what he has stated what does matter is that some of us have learned from this.

there are many people that have put off filing because of financial reasons because they had no idea that their s/o could end up in jail.

now we know what can happen so we all have to be sure to go forward with the filing one way or the other, fighting with each other and being flat rude is not the way to help each other.

sara

Edited December 18, 2008 by estadia

[chavelle 6]

I also feel it's extremely irresponsible for a VJ mod to suggest that it's fine not file within the suggested timeframe. Not filing on time is just asking for problems.

Seriously, it might be rude to suggest this, but as a mod I think you've been way out of line in several places in this topic.

i disagree. the op in this story has stated in previous threads they had money problems. suggested timeframes are just that - suggested, not mandatory.

Charles, "money problems" isn't really a good excuse for allowing your foreign-born spouse to be out of status. Persons legally admitted on a K1 but who have not filed for adjustment prior to the expiration of their I94 are, legally, without status. Once adjustment has been filed, they are STILL without a defined status within the code. The pending application, however, does offer them some legal protections.

Over and over again on VJ we read the standard advice that waiting to file is no big deal. This is poor advice and poor advice indeed.

i understand that it isn't considered a good excuse, but things do happen and people may have to put off filing for the aos due to that. and as you pointed out, even after filing they still don't have a defined status (after all, who's gonna run to the grocery store with their aos submission package or noa's as proof just in case they get stopped?). while i understand the need to file for aos asap, i can also understand that things do happen that are unplanned and filing may be put off due to financial hardship.

in no way am i advocating withholding filing of aos as a method of controlling a spouse.

Not picking on you at all, Charles. Just disagreeing.

I believe that USC's should plan for this expense - that the funds for this step of the process should be accounted for and put aside in the same manner we plan for initial filings, medical exams and everything else it takes to bring the spouse to the US.

In the alternative, I would advocate going so far as taking a cash advance on a credit card if there are no other viable solutions.

I'm dog-with-a-bone adamant about this because I believe so strongly in the concept of REAL LIFE after immigration. It is my observation that the romance and elusiveness of long-distance relationships can cloud the mind to what lies beyond the visa. If a person can't even grasp the concept of planning ahead financially for adjusting the status of their foreign-born spouse, I wonder if they will be able to handle all the intricacies of culture clash combined with marriage.

If he is/was so broke;why not use the credit card and file? According to him she has two MASTER DEGREES. Why not hurry up and file so that she can get a job and help you out,as you are short on cash??

[Valsu 1]

If he is/was so broke;why not use the credit card and file? According to him she has two MASTER DEGREES. Why not hurry up and file so that she can get a job and help you out,as you are short on cash??

If the credit cards hadn't been maxed from paying bills during the financial hardship, that would have been a viable option.

The only way I could have pulled it off was skipping a house payment one month. Which, looking back with hindsight, I should have done. As I stated before, I did not know how serious an issue it could become. I was by NO means trying to "control" my wife by not filing her AOS, as some continue to insinuate.

[KimandRuss 0]

Since this thread has once again brought on personal attacks it will be closed.