pre aos question

[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.

[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.

[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"?

[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.

[payxibka 10,048]

However, without AOS she *can*:

- remain in the country.

Which is slim's point.

but is deportable and would be if her lack of *status* is discovered

Edited January 18, 2010 by payxibka

[Martyshk 137]

Please correct me if I am wrong, because I do not know this for sure.

But isn't it looked down upon if person has been "out of status" for over 180 days?

I.e. K-1 expires, and you file AOS 181 days later? (when Daria gets here I fully intend to file AOS as soon as we can, but I am just wondering)

[payxibka 10,048]

No. That's really the point Slim is trying to make. According to how the law is written, she could remain in the US forever without having to file AOS. Life would be somewhat difficult for her if she wanted to do anything productive, and if she ever left the country she'd have to apply for a visa to return, but according to the law she does not have to file AOS.

What I was trying to get across is that even though AOS is not required, the fact is that we have see USCIS make trouble for some people who delayed AOS. That's why it's advisable to file as soon as possible. But Slim is correct that there is no requirement to file for AOS.

You obviously don't live in a border state where there are immigration "checkpoints" inside the US proper... If a person in this situation got caught up by one of these checkpoints (for example), they would find themselves in a detention center and in removal proceedings.

Please correct me if I am wrong, because I do not know this for sure.

But isn't it looked down upon if person has been "out of status" for over 180 days?

I.e. K-1 expires, and you file AOS 181 days later? (when Daria gets here I fully intend to file AOS as soon as we can, but I am just wondering)

That really only applies if they depart the USA as that is when the "penalty" is assessed.

[SMR 368]

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.

My understanding is that the USC is always the sponsor. If he/she doesn't have the income or funds, a co-sponsor is required. But AOS through marriage to a USC always requires an affidavit of support from the USC spouse. The USC also has to provide tax returns and show up at the interview.

Just pointing out that although the foreign citizen technically files AOS, it really is impossible without the explicit support of the USC.

[FortLaudy 10]

mox, it's crazy, for sure, but not unheard of. again, not saying at all this is the case with the OP, but that there are guys who delay the AOS process and there are reasons for this.

Why I wrote about it is because I have this little schmuck acquintance, he sits online all day talking to chicks from Colombia, gets to know them online and sets up meetings for when he goes over to Colombia - with each and every one of them he plays the same game. "I'm gonna help you apply for K1, we're getting married and you're gonna come live with me in America..." he goes as far as taking pics with her and the family and sitting down to dinner with them etc. really disgusting cause he full well knows he's gonna come back having taken them for a ride and it's all been BS to get to sleep with them over there. Over the weekends, when we meet on the beach with some friends of ours this schmuck will come walking over with his ipod and boast with the sex videos he made with these poor girls while he was over there.... word is lately he's been a little low on cash and he's known in Bogota for his stunts over the last 2 years so scared to go back, so he's now working on bringing a girl over on a K1, with no intention whatsoever to marry her, let alone go through with the AOS...

[payxibka 10,048]

If the non-USC is stopped at a checkpoint, showing the I-94 should be good enough. But of course there are agents who don't know the law, and even USCIS employees who don't know the law. I have no doubt that some I-94 holders have been detained and eventually deported. But that's not how it's supposed to go.

So you are saying someone who presents and I-94 that expired two years ago will be allowed to remain? I am almost certain that a Notice to Appear would be in there future.....

Edited January 18, 2010 by payxibka

[1HappyGuy 45]

Please correct me if I am wrong, because I do not know this for sure.

But isn't it looked down upon if person has been "out of status" for over 180 days?

I.e. K-1 expires, and you file AOS 181 days later? (when Daria gets here I fully intend to file AOS as soon as we can, but I am just wondering)

We have friends who delayed AOS for quite a long time, over a year. They were married a year before my fiancee/wife arrived. They applied for AOS and it took nearly a year for them to get it completed whereas my wife and I applied a month after marriage and it was completed within three months.

You be the judge of how the USCIS looks at this!

[payxibka 10,048]

With regards to K1, the expiration date on the I-94 is the date that you have to marry by. Beyond that (and assuming you have married), the I-94 expiration date doesn't mean a thing. If you married before the date on your I-94, you are allowed to stay in the country.

Now I'm not saying that some checkpoint goon who has roughly 2 weeks of immigration training is going to know that, nor am I saying that you won't have problems if (as in your example) you still haven't filed AOS after 2 years. What I am saying is that according to the law, you are still here legally.

It would be interesting to see this "codified".... A simple search has both situations (to remain or be removed) as possible outcomes.