Do We still need to file a AOS???

[CaMhae 7]

Hi to all..I am really worried about this AOS thing and hoping that someone here can give us advice what to do...

I just got my visa last May 11, 2009 as U can see at my time line and We(ME and my 1 yr 2 months old daughter) are leaving nxt week to US... so excited and happy about it BUT the thing is my fiance are just going to stay there in US till august 2009 because he needs to leave and move in his next base (japan) for 4 yrs...We are hoping that he can bring us in japan once he leave the US...i dnt wanna be away from him anymore ...so our plan is to get married as soon as we get in US and once we get married do I need to apply AOS??...my fiance told me that we are going to be with him in japan and going to stay there for 4 yrs...DO I need to apply for AOS or I dnt need???what should we do??

~Carol

Edited May 14, 2009 by sayitonce

[payxibka 10,045]

you are out of status and subject to deportation after 90 days if you stay and do not adjust your status... If you accrue more than 180 days of out of status time then you will receive a 3 year re-entry ban.... you would need yet another visa to come back

Edited May 14, 2009 by payxibka

[Chica Yeyé 41]

brother pax, isn't there an expedite for families of the armed forces that she could use for AOS?

[payxibka 10,045]

brother pax, isn't there an expedite for families of the armed forces that she could use for AOS?

don't know... I imagine

[Chica Yeyé 41]

This is complicated. What does the fiance's Commanding Officer has advised?

[Bobby+Umit 161]

Once you land in the US, you won't be able to leave until you file for the AOS and get the AP anyway, so I would apply for that as soon as you can.

Now, the other thing is, you will have to find out if any special visa's are needed to go to Japan, as the wife of an USC military member. (not sure what the requirements)

I would recommend that your husband make an INFOPASS appointment when you arrive with USCIS and see what they suggest you do, since you are planning on going to Japan with your husband, perhaps they can do some expediting in that case?

[CaMhae 7]

This is complicated. What does the fiance's Commanding Officer has advised?

yes very complicated said that we need to get in the Us first...

[reeses16 8]

You should apply for AOS and AP at the same time ASAP once you arrive in the US. I do not know the procedure, but I believe your AOS can be expedited because of your husband's military service. Further, if you do not apply for AOS you risk delaying your eligibility for citizenship. You must be married to your hubby for at least 3 years AND a LPR (green card holder) for 3 years to apply for citizenship. But even if you get your green card before you leave for Japan, the time you spend out of the US will delay you eligibility by the same amount of time (it must be 3*365 days in the US). I hope I made that clear. In any case, I think it will be simpler in the long run if you apply ASAP once you are in the US. Others with military spouses will be able to speak about AOS expedition.

[CaMhae 7]

Thank U for all the replies...I am just so sad about the whole things happening to Us...I dnt want to be away from my Asawa anymore... We r just done with the K1 processing and now we are having another problem....

[DanielParul 50]

You will have to apply for AOS and Advance Parole. Once you get your AP, you can live with him overseas while he is on orders but you will be using your AP to travel to the US in case you get an interview for AOS. Carry all documents and husband's orders and you will be fine.

[JERIII 8]

You might want to take a look at

http://www.uscis.gov/military

[rheanick 42]

Thank U for all the replies...I am just so sad about the whole things happening to Us...I dnt want to be away from my Asawa anymore... We r just done with the K1 processing and now we are having another problem....

You have to accept the situation of your husband. He is a military man.

I would also advise that you learn Nihonggo if you want to stay with your husband in japan.

[milimelo 4,479]

You should apply for AOS and AP at the same time ASAP once you arrive in the US. I do not know the procedure, but I believe your AOS can be expedited because of your husband's military service. Further, if you do not apply for AOS you risk delaying your eligibility for citizenship. You must be married to your hubby for at least 3 years AND a LPR (green card holder) for 3 years to apply for citizenship. But even if you get your green card before you leave for Japan, the time you spend out of the US will delay you eligibility by the same amount of time (it must be 3*365 days in the US). I hope I made that clear. In any case, I think it will be simpler in the long run if you apply ASAP once you are in the US. Others with military spouses will be able to speak about AOS expedition.

Once she is done with AOS and has her green card she should be able to do the expedited citizenship as her husband is deployed for 12+ months. If they are staying on the military base that will count as being in the US.

@sayitonce - check with your fiance if he can (or already has) put you on the military orders as accompanying member of family. Without those orders you will not be able to stay with him on base. You also may want to tell him to now involve his Commanding Officer and Legal Office plus his Senator/COngressman so you can have everything ready for AOS and possibly expedite it.

Good luck!

[YuAndDan 153]

Hi to all..I am really worried about this AOS thing and hoping that someone here can give us advice what to do...

I just got my visa last May 11, 2009 as U can see at my time line and We(ME and my 1 yr 2 months old daughter) are leaving nxt week to US... so excited and happy about it BUT the thing is my fiance are just going to stay there in US till august 2009 because he needs to leave and move in his next base (japan) for 4 yrs...We are hoping that he can bring us in japan once he leave the US...i dnt wanna be away from him anymore ...so our plan is to get married as soon as we get in US and once we get married do I need to apply AOS??...my fiance told me that we are going to be with him in japan and going to stay there for 4 yrs...DO I need to apply for AOS or I dnt need???what should we do??

~Carol

Yes, Marry and apply for AOS, when you get green-card you can join your spouse, overseas.

Green-card holders can reside overseas with us citizen spouse who are military or living out of country for US Government reasons.

You will file an I-131 for a re-entry permit, and N-470 to preserve your residency status with USA for eventual citizenship.

You can also file to remove conditions over-seas when the time comes.

[Bobby+Umit 161]

You might want to take a look at

http://www.uscis.gov/military

Good link - thanks!