pre aos question

[slim 1,525]

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.

You complete me, mox!

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.

Never in the RUB forum. Read: it doesn't happen to white people from FSU. So, even if your wife is Muslim or from a "suspicious" FSU country or she looks a little Asian or a little browner than her Muscovite sisters, don't sweat it. All those "scary" stories come from another world.

[Gary and Alla 3,694]

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...

OK, so you have made aquaitance with an @sshole. They are out there. You could meet this man at church, at work, in a local dance club and your local newspaper's "personal's" column. They are sometimes called "sex tourists". Hopefully the women he meets figure it out, or at least have some pleasure of their own.

The OP should file for AOS as soon as possible after marriage, NO there is no law that says he has to, YES he takes a risk of having mild to severe complications and additional expense in the future if he does not and it could certainly happen to a woman from the FSU. Two of our acquaitances, Russian women, were detained by police in St Alban's VT., home of the VSC because they did not have their green cards with them, and Vermont is not usually a place that is too picky about such things, but we ARE just minutes from the Canadian border and there IS a fair degree of non-Canadian illegal immigrants in the area. It is irresponsible to suggest she not file for AOS, though I suspect it is being offered as an "extreme case in point".

FYI, unless not used, a K-1 never expires. The "expiration" date is the date which it is valid until for US entry. K-1s are CANCELLED upon entry. It is a "stamp" used to deliver a package one time. It is merely an expensive postage stamp.

[mox 298]

One thing that I think should be made clear wrt delaying AOS, is that at some point (I think it's at the end of the 90 days) the non-USC begins to accumulate out-of-status days. As has been mentioned, this is not a problem if the non-USC remains in the country. But after 180 out-of-status days, you start incurring travel bans coming back into the US. So for example, if your wife did not file AOS and she left the US 180 days after marrying, she's just incurred herself an automatic ban of--I want to say 1 year, but I don't remember exactly. But I do remember that incuring more than one year of overstay days results in a 10 year ban, and it just goes up from there.

The good news is that once you've adjusted status, the overstay days get thrown out. But it's important to keep in mind that after 180 days, the situation starts to get serious. So it really is in your best interest to knock AOS out quickly.

[Ivan in VA 2]

Hmm, I see a lot of "me" and "I". We filed our AOS to benefit "us" as a couple. Of course we also dated five years (long distance) before we married. I paid for most but she also contributed. From the onset we searched for as much info as possible so that no nasty surprises came our way.

Sure, there are those that are struggling financially: there are many going through this today. Bottom line is this, the law says that on a K-1 you have 90 days to marry and after that the I-94 is invalid. Proof of legality lies in a certified marriage cert. AOS is an option. Personally, the AOS that I filed was a gift for my wife.

My grandparents immigrated from Germany and Italy after the turn of the century. As I child I listened to the stories and they were exciting. What they experienced isn't much more than what is happening today with those that immigrated. They overcame great hardships and were poor. During the late 30's and early 40's they suffered hatred for their race and they were caucasian.

[mox 298]

It's a nice sentiment, but it really doesn't matter who signs the check or does the actual filing: you, your spouse, your lawyer, or some homeless guy you just met at Chuck E. Cheese. AOS is an immigration benefit that is considered by USCIS to be filed by the intended immigrant. It sounds like a minor point, but imo it's an important one, because it means that it's the immigrant, not the USC, whose head is on the chopping block.

And let's be clear: in all but the most niche cases, AOS is *NOT* an option. If your spouse is 100% certain he or she will never leave the country, never work, and never pursue citizenship or any of the other benefits of permanent status, then *maybe* AOS is an option. Otherwise AOS is mandatory.

[Gary and Alla 3,694]

Hmm, I see a lot of "me" and "I". We filed our AOS to benefit "us" as a couple. Of course we also dated five years (long distance) before we married. I paid for most but she also contributed. From the onset we searched for as much info as possible so that no nasty surprises came our way.

Sure, there are those that are struggling financially: there are many going through this today. Bottom line is this, the law says that on a K-1 you have 90 days to marry and after that the I-94 is invalid. Proof of legality lies in a certified marriage cert. AOS is an option. Personally, the AOS that I filed was a gift for my wife.

My grandparents immigrated from Germany and Italy after the turn of the century. As I child I listened to the stories and they were exciting. What they experienced isn't much more than what is happening today with those that immigrated. They overcame great hardships and were poor. During the late 30's and early 40's they suffered hatred for their race and they were caucasian.

My wife signed where I told her to sign. I signed the check from our joint account.

[Kailey 3]

all who say that AOS is not needed are just misleading and dangerous to listen to.

A wife w/out status in the USA is illegal. Yes, she can live her life there but she will never be able to work, not sure about medical assistance/inssuarance - you tell me how it works, but what i'm sure about, if she goes to see her parents or a couple decides to go to Mexico she will not be admitted back. And not just will have to go home but might get a 10year or permanent ban.

I think (lazy to check) that among K1 docs there is a note that says that you (me) should either marry and apply for AOS (!) within 90 days or leave the country.

You can't read Russian women forums where there are a lot of talks about men who bring women to the US and then start to have 'doubts'. Or marry and then start to have 'doubts' and don't apply for AOS - and women are in shock because they are now hanging 'between 2 worlds'. Second variant is even worse and more mean because now that woman would have to process divorce.

I don't know from where you get your information guys.. truthfully, sometimes it seems that you take from some rumours and situations ...

it's better to read USCIS and the law!!

because all situations that 'happen' here and on other forums are normally coming from the fact that somebody didn't want to read the rules or laws. and then came and complained and created a 'precedent'. Smiling ladys, parental approvals, russian bears, vodka, balalayka, etc.

What information does this phrase bring - AOS is not needed?

Smart will understand and they already answered - it's not needed but it is fraught with consequences .

And weak minds might think 'AOS is not needed... why does my wife want it so much then... ah.. she is a scammer'

[Gary and Alla 3,694]

You complete me, mox!

Never in the RUB forum. Read: it doesn't happen to white people from FSU. So, even if your wife is Muslim or from a "suspicious" FSU country or she looks a little Asian or a little browner than her Muscovite sisters, don't sweat it. All those "scary" stories come from another world.

Two of our acquaitances, very whjite Russian women, one a LPR and one legally here on a J1 visa were stopped and detained in St. Albans Vermont because they did not have their passport/green card with them. They were detained at the police station and the nearby ICE officers were notified and came to "investigate". After some time they were released. It was no more than a nuisance in the end BUT...

1. It DOES happen to Russian women

2. ALWAYS carry your identification with you (green card or passport with visa and AOS filing receipt)

Personally my feeling on the matter is this, and if someone is offended...oh well, you probably wanted to be offended and I just made your day.

1. AOS is part of the process, you knew that going in

2. It costs $1010 per person ($600 for children under 14)

3. You had 4-6 months to save the money before you got the visa

4. Send in your AOS as soon as you get married and get your wife her benefits so she can adjust to her life here in America.

I look forward to the day that USCIS requires the AOS fee n=be paid up front as a "deposit" with the petition fee. If the visa isn't issued or the fiuancee never arrives, they can refund the money. I have no sypmpathy for people who fail to meet their known financial obligations. It is even a big expense, a brake job on a car can approach $1000. Your new fiancee will spend far more than $1000 just replacing the things she left behind.

Be responsible and do the right thing.

[1HappyGuy 45]

Well said Gary. Why would anyone not want to proceed immediately to AOS? Sure, it can be expensive, but have you priced the cost of a divorce attorney and the plane ticket back. Not to mention the grief you will suffer while she/he lives in your home.

Come on guys, let's get real about this. AOS is just a part of the process. Suck it up, pay the bill and enjoy the love of your new spouse. The benefits far out weigh the costs.

[mox 298]

Come on guys, let's get real about this. AOS is just a part of the process. Suck it up, pay the bill and enjoy the love of your new spouse. The benefits far out weigh the costs.

100% agreed, and anybody who really met the poverty guidelines (or has a sponsor who met the poverty guidelines) should be able to come up with the thousand bucks within 180 days.

But it's also important to know the law. I see people on VJ all the time saying that it's illegal not to file AOS, or that they are here illegally, or all kinds of other silliness. As stupid as somebody would be for not filing AOS for their K visa sweetheart, it's not illegal. Yes, in this country we have the freedom to be dumb as all git-out.

[Martyshk 137]

It is even a big expense, a brake job on a car can approach $1000. Your new fiancee will spend far more than $1000 just replacing the things she left behind.

Be responsible and do the right thing.

I agree with most of what you say, but an emergency 1000 dollar brake job can at least be put on a credit card

To be honest, the only reason I have money for AOS, K-1, and our trips together is because of the severance I received last year. So it all turned out just great.

But I can see some people, even holding a decent job, not having almost $1100 to throw around.

But case and point. Daria and I recently had a conversation about possibly meeting while we wait for NOA2 (I fully assume it's just 5 months and say F it at this point), but the thing came down to this: have a trip now and then gather money for AOS, or save that money and afford a honeymoon and file AOS after we get back.

I'm an FSU person myself, so my mentality might differ on that and I am not trying to impose my views on anyone by any means, but for me - I have to and want to take care of my soon-to-be wife, and that means financially too. If I can afford it, hell, she doesn't have to work even in my mind (but she will, because she wants to and will go insane sitting at home all day).

But in any case, just my 5 kopeek (2 cents )

[mox 298]

But in any case, just my 5 kopeek (2 cents )

Sorry but the going rate will only get you 1.6 cents.

Edited January 20, 2010 by mox

[Martyshk 137]

Sorry but the going rate will only get you 1.6 cents.

0.8cents if we are talking Ukrainian Kopeejka

[clueless_in_usa 8]

I agree with most of what you say, but an emergency 1000 dollar brake job can at least be put on a credit card

To be honest, the only reason I have money for AOS, K-1, and our trips together is because of the severance I received last year. So it all turned out just great.

But I can see some people, even holding a decent job, not having almost $1100 to throw around.

But case and point. Daria and I recently had a conversation about possibly meeting while we wait for NOA2 (I fully assume it's just 5 months and say F it at this point), but the thing came down to this: have a trip now and then gather money for AOS, or save that money and afford a honeymoon and file AOS after we get back.

I'm an FSU person myself, so my mentality might differ on that and I am not trying to impose my views on anyone by any means, but for me - I have to and want to take care of my soon-to-be wife, and that means financially too. If I can afford it, hell, she doesn't have to work even in my mind (but she will, because she wants to and will go insane sitting at home all day).

But in any case, just my 5 kopeek (2 cents )

I agree with this. In my mind if a man decides to marry a foreign woman, he should be ready to support her, including all legal needs. Not only will she be limited on what she can do while she waits, thus depending fully on him, but in some cultures the man is expected to be a MAN, and be fully responsible for the family.

Therefore, if a man is making barely the required 125% over the poverty guidelines, he should think long and hard whether bringing a foreign lady to marry in the USA is the right thing to do.

I have always asked myself this question: "why is it that the poorest people usually have the largest number of children?" The same thought applies to a man who can barely afford having a family: why make it more difficult by looking for her abroad?

Flame me if you want, but I already said it: "I run my life like I would run my business!" Probably other people should learn to do that too.

[mox 298]

I have always asked myself this question: "why is it that the poorest people usually have the largest number of children?" The same thought applies to a man who can barely afford having a family: why make it more difficult by looking for her abroad?

Because: Life, liberty, and the pursuit of happiness.

(IMO there should be no income requirements at all.)