pre aos question

[mox 298]

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.

I see this kind of situation as so far outside the norm though, that it's really not even worth considering unless someone were to show up in this forum and say "hey all, my USC hubby is refusing to sign my AOS paperwork."

People do some pretty f*cked up things for some pretty f*cked up reasons. If they want to abuse the system, they will abuse the system. It's heartbreaking, but yeah, it happens. What I assume we're talking about here though are a fairly well-adjusted couple who intend to adjust status, and who intend to spend the rest of their lives together.

[payxibka 10,045]

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

[mox 298]

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

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.

Edited January 18, 2010 by mox

[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 10,045]

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.

[mox 298]

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)

Well, technically your K1 expires as soon as you enter the country and the border control agent issues your I-94.

And when you say it's "looked down upon," the problem is, there is no legal definition for "looked down upon." If you go strictly by the letter of the law, the non-USC should be able to apply for AOS 10 years after entry with no problems. The reality, however, is that if you really did wait 10 years you'd probably be best served by hiring a really good immigration lawyer who can remind USCIS of the law.

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.

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.

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.

The affidavit of support is not strictly required. But it's definitely one of those things that you'd be stupid not to show up with. And yes, the USC is always the sponsor.

[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 10,045]

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

[mox 298]

So you are saying someone who presents and I-94 that expired two years ago will be allowed to remain?

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.

Edited January 18, 2010 by mox

[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 10,045]

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.

[mox 298]

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

A definitive answer that you could print and show to a checkpoint goon would be great. Unfortunately the immigration system is a patchwork of bureaucracy, turf battles, political agendas, dense regulations, confusing laws, and minimal resources. The fact that USCIS and DHS have functional websites and phone numbers with at least some answers is truly a miracle in and of itself.

There's no doubt that immigrants have been incorrectly detained and deported, and that's why I believe AOS should be the top priority for anybody coming in on a K visa, despite what the law says. In fact, I believe that at least in the case of Russians entering on a K visa, citizenship should be the ultimate goal as quickly as possible, so as to completely remove themselves from the immigration chain gang once and for all. But that's only my opinion. The law is that there is technically no requirement for somebody who came in on a K visa to adjust status.

[Ivan in VA 2]

Actually the AOS is around $1090. We recently filed a few months after our wedding. It was rather advantageous because our case was then transferred to California; which generally means you bypass the interview.

The purpose of carrying the copy of the wedding certificate is proof that your spouse is has legal reason to remain in the US after the I-94 expires: you must have readily available proof should he or she be stopped!

[slim 1,523]

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?

I had no clue AOS was required until AFTER filing for K-1. (And that's "semi-required" for the sake of argument in this thread!)

I honestly thought once she got the visa, we were done. I'm sure if you dig through this forum you'll see a post of mine somewhere saying, "what the f'k is AOS?" or "She's here. Now what do I do?"

Either way, I'm not one to have thousands of dollars just laying around so I have to do this incrementally. Even if I would've known about AOS, I would've done K-1 first then had to save money for AOS. Matter of fact, once I figured it all out I had her get EAD through her POE and start working right away to help me pay for it. She didn't get a job until after her AOS but I tried!

It's ultimately signing that sponsorship paper that has you on the hook, not the marriage.

Yeah, if someone thought their marriage was a sham, why would they go through AOS and any other hoops? Better to just have it dissolved and ship their former SO back home. The tricky part isn't handling the legal business of the marriage, it's ensuring the SO leaves and doesn't stick around for 1/2 of your money.

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

How is it risky?

And I'd love to be more prepared but it's not financially possible. I only make so much money every year.

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?

I'm too lazy to find the law but it's on VJ somewhere. Basically it's an order from the Attorney General to USCIS or some other alphabet office stating that anyone married to a USC who is physically present in the U.S. is not "out of status" because their status as a husband/wife grants them the right to stay. Plus, Cheech was Born in East L.A. and he got married to that chick up on the float as la Migra was chasing them... remember that one?

That's always been the law and it will always remain the law. You (as a USC) have a basic right to have your husband/wife remain with you in the U.S. and they can't be deported unless they violate some other law. Notice, that basic right doesn't necessarily grant them privileges like crossing the border and/or working, but your basic right to have them remain here with you cannot be denied.

Why do AOS and LOC?

So she can pay her own freakin bills!

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.

Or she didn't bring any money with her and he doesn't have enough to pay for AOS. Sometimes that happens. (I know.)

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)

There is no "out of status" for a husband/wife. Once they're married to a USC (and I'm pretty sure LPRs as well) their status is "fuzzy as hell - but married to USC/LPR."

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.

I don't think I'd allow "checkpoints" to be set up in my home town. Something about that just seems a little fishy, don't you think?

As for my blonde-haired, hazlenut-eyed, feisty-as-all-getout Russian wife being put into a detention center and in removal proceedings - yeah right. Ever watch that movie Overboard with Goldie Hawn? They'd be giving her away to the first person who showed up to sign her out.