AOS for spouse with expired I94

[VickyLondres 0]

I'm very confused right now. I'm married for 1 year 6 months and lived with husband in London, UK until May 2009. His father got sick and we had to come here in a hurry, so I used my B-2.

My first I-94 expired in November 2009 and even knowing that we will stay here now my husband applied for a tourist extension for me. That tourist extension expires this coming Sunday and I'm trying to make him fill in the AOS forms with me and to gather his documents for this. All mine are ready and organised but he refuses to give me his papers. I am very scared of going illegal.

I always worked and used to be an independent woman, now I can't even go to the supermarket because I don't drive. I am totally dependable of my husband, who doens't make enough money not even for himself, let alone to keep a family, and I am being prevented to work because he doesn't want to act on the AOS.

I am very depressed at the moment as I do not know what to do anymore. All my savings were long gone, I don't like depending on anyone. I love my husband, and he is not violent, but he does speaks violently to me whenever I raise the subject. He thinks it is normal for a woman to stay at home and not to work outside the house, but this is a completely unacceptable situation to me. We did spoke about that before the wedding. I'm feeling I'm diying with this situation, I don't have where to look for help. I think he just likes the fact that I can't do anything bymyself and depend on him for everything. I can't even buy a tampoon without his permission. Is there anything I can do?

I want to be with him, but I can't stand this situation anymore. If we cross the border to Mexico and return, will the border officers grant me another I-94 with a few months, or days, at least some time to try to do something? Any advice welcomed.

[sachinky 465]

What are his reasons for not wanting to file AOS? It surely can't just be about working because it's one thing not wanting his wife to work but another thing altogether to want his wife to be out of status. Sounds like your husband is extremely controlling.

If your B-2 expires this Sunday, going to Mexico and trying to re-enter isn't going to get you another I-94. Especially not with an extension on your original B2, any way. Maybe someone else will chirp in because I'm not too sure about this. Good luck. I hope your situation improves.

Edited February 24, 2010 by sachinky

[SunDrop 59]

Sorry to hear about your situation and agree with Sachinky that he sounds extremely controlling. If I were in your situation I would be insisting that my AOS be filed or I would be heading home come Sunday. Even if I had to ask family for help with the ticket, since he controls your financial independence right down to your personal hygiene purchases.

As a point of curiousity, am I correct in remarking that you are not originally a UK national? I ask only because it is unusual to have a B2 if you are British.

Crossing the border to Mexico is probably inadvisable, because the I-94 is intended for tourism and it's obvious that you are living in the US. Without 100% certainty, I would guess the likelihood is high that you'd be refused entry and then be stranded in Mexico! Having said that, what would your husband do if this did happen?

[VickyLondres 0]

What are his reasons for not wanting to file AOS? It surely can't just be about working because it's one thing not wanting his wife to work but another thing altogether to want his wife to be out of status. Sounds like your husband is extremely controlling.

If your B-2 expires this Sunday, going to Mexico and trying to re-enter isn't going to get you another I-94. Especially not with an extension on your original B2, any way. Maybe someone else will chirp in because I'm not too sure about this. Good luck. I hope your situation improves.

My B-2 expires in 8 years, my problem is really the I-94, I don't know if I can be deported.

When I ask my husband why he is not gathering any papers (he does hates any kind of paperwork, and it is down to me to organise everything since we got married, even his visa to go to my country), he stays mute and refuses to talk about. And we just moved into our own house, he doesn't even know where his documents are - mine is on top of the table, as a constant reminder that the clock is ticking. Well, NM motto is "why do today what I can leave for next week. Then I will see.", and this is not only him, it is everybody everywhere in this state. This is certainly a cultural shock to me. But I don't know if I can credit his lazyness to only that. I even want to get on a plane to go be with my mother until he decides wha he wants to do, but he begged me not to go. I don't want to be illegal!!!

[VickyLondres 0]

Sorry to hear about your situation and agree with Sachinky that he sounds extremely controlling. If I were in your situation I would be insisting that my AOS be filed or I would be heading home come Sunday. Even if I had to ask family for help with the ticket, since he controls your financial independence right down to your personal hygiene purchases.

As a point of curiousity, am I correct in remarking that you are not originally a UK national? I ask only because it is unusual to have a B2 if you are British.

Crossing the border to Mexico is probably inadvisable, because the I-94 is intended for tourism and it's obvious that you are living in the US. Without 100% certainty, I would guess the likelihood is high that you'd be refused entry and then be stranded in Mexico! Having said that, what would your husband do if this did happen?

No, I'm not British, I'm Italian but my life was all in the UK where I lived for the past 10 years. I have the old style passport though, not the biometric one. The US Consul in London almost apologise to me when I went to request the B-2. I'm only going to change my passport after receiving the Green Card, when I will also try to change my name (in Italy those things are never very clear, and I've been told in my town hall that I won't be allowed to have a married name, that I should try with the consulate in LA and try to convince them to do that).

[milimelo 4,553]

What papers is he missing? Birth certificate you can get from the county clerk where he was born. If it's far away, you can order it online for around $6. Or you can simply copy his passport personal info page - enough proof of citizenship there.

If he needs tax transcripts you order them either over phone or by faxing/sending in 4506-TEZ form you download from IRS.gov - he does need to sign it though.

Not sure what else you would need.

My husband also had no idea what we needed to even get married in my home country so I took over and gave him a list of paperwork to get with links/info on where to go. He had to go twice to the US embassy as they just copy/paste info from one person's info to another and they left some chick's info on that I'm single form (nulla osta).

It was the same when doing DCF - I did everything, he just had to sign and get a couple of papers.

In any case, if he is unvilling to do this now, I'd be on that plane Sunday and off to Europe and leave him with all paperwork to file for I-130 - maybe that would make him realize what he'd be missing. Extreme step, but some people don't get it otherwise.