help! advice! any way to stop AOS process?

[john_and_marlene 162]

If you made the check for $1012, they will probably return the application for incorrect fees.

I guess you missed my earlier post. the fee should be $1010. You don't have to pay for the AP or EAD--they are included with the I-485. You can write a single check, but it must be in the proper amount $1010 and not $1012.

[tulum 0]

You are kidding, right?

Here's info taken from USCIS.gov web page for I-485: $1,010 ($930 plus a biometrics fee of $80). Exceptions apply. See "Special Instructions" for more.

You really need to read the guides so you know what you're paying. The fees have NOT gone up.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You send the entire package together in one envelope to Chicago Lockbox. Do NOT separate the forms, keep them divided but together.

no i wasnt kidding, i made a mistake. i thought i had to send the $340 fee for the travel document and the fee for the EAD. i read that i dont have to send those fees now if i file it all the same time. sorry my mistake. i have another question though- out of curiosity- came up during a discussion. in a scenario where a relationship doesnt work out and the spouse doesnt have the AOS completed, i understand that the k1 spouse is still the financial obligation of the US spouse. But can the k1 spouse go live somewhere else other than with the US spouse? if a divorce happens, doesnt the k1 spouse have to return to her home country? or does she get to stay in the USA without the AOS? we were just having a discussion and she thinks she can stay whether we are together or not.

[sara..... 371]

no i wasnt kidding, i made a mistake. i thought i had to send the $340 fee for the travel document and the fee for the EAD. i read that i dont have to send those fees now if i file it all the same time. sorry my mistake. i have another question though- out of curiosity- came up during a discussion. in a scenario where a relationship doesnt work out and the spouse doesnt have the AOS completed, i understand that the k1 spouse is still the financial obligation of the US spouse. But can the k1 spouse go live somewhere else other than with the US spouse? if a divorce happens, doesnt the k1 spouse have to return to her home country? or does she get to stay in the USA without the AOS? we were just having a discussion and she thinks she can stay whether we are together or not.

if she can prove that she married in good faith she can do the aos on her own at least thats how i read it

sara

[Danu 19]

no i wasnt kidding, i made a mistake. i thought i had to send the $340 fee for the travel document and the fee for the EAD. i read that i dont have to send those fees now if i file it all the same time. sorry my mistake. i have another question though- out of curiosity- came up during a discussion. in a scenario where a relationship doesnt work out and the spouse doesnt have the AOS completed, i understand that the k1 spouse is still the financial obligation of the US spouse. But can the k1 spouse go live somewhere else other than with the US spouse? if a divorce happens, doesnt the k1 spouse have to return to her home country? or does she get to stay in the USA without the AOS? we were just having a discussion and she thinks she can stay whether we are together or not.

If you don't file AOS she has to go home, and you are not responsible for her regardless. Until you file AOS and are approved, you have no binding legal contract with the US government for financial obligation (the I-134 is just to make sure that when you do AOS you will be approved or have someone to help with it, its not binding). If you retract it now without being approved the I-864 doesn't stick, and she has no legal ground to be in the country anymore if you should seperate/decide to get divorced. She cannot adjust on her own and she cannot adjust from marriage to someone else. I'm very sorry you are going through all this.

if she can prove that she married in good faith she can do the aos on her own at least thats how i read it

sara

She can remove conditions on her own, but cannot do AOS on her own. I doubt she would have enough proof to show good faith anyway after this short of a time.

Edited March 9, 2010 by Danu

[Luckygoat 2]

this person has to be crazy (for lack of better terms). I was going to say he will probably get a RFE for incorrect fees and could just forget about sending it in again to end the process, but when I read further its looks like he is trying to correct the fees.

You guys are totally mix up, if your wife wants to go back home then send her back home and stop wasting USCIS time. This time and space could be used on other couples who are eager to get this process over.

[VanessaTony 3,567]

in a scenario where a relationship doesnt work out and the spouse doesnt have the AOS completed, i understand that the k1 spouse is still the financial obligation of the US spouse. But can the k1 spouse go live somewhere else other than with the US spouse? if a divorce happens, doesnt the k1 spouse have to return to her home country? or does she get to stay in the USA without the AOS? we were just having a discussion and she thinks she can stay whether we are together or not.

To re-iterate what has already been said:

Right now, before AOS is complete and she has her greencard she has next to no legal standing in the US. If you do not do AOS then she cannot stay UNLESS she claims abuse and files under VAWA. This can take over a year and you will have a record for spousal abuse (some people do this as a scam.. get other people to hit them then blame the husband).

At this time you have NO financial obligation towards her. It doesn't work then she has to go home (unless the VAWA of course) but you are at least free of financial obligation BUT if she does file VAWA if you ever want to re-petition for another overseas bride this abuse looks bad for you and you will likely be denied.

If you complete AOS then she can leave you the very next day and move in with someone else. You now have a financial contract with the US government stating you will support her at 125% of the US poverty guidlines. If she seeks financial assistance from the government in any way, the government can sue you to repay the money. This obligation does not end unless she has worked 40 quarters of work (around 10 years), dies, leaves the US and gives up her greencard etc. She can marry someone else and you STILL have this obligation. Divorce does not cancel it out.

If you are unsure of your relationship then I would not file AOS. There is no AOS deadline but she cannot work until she has the EAD or greencard, and she cannot LEAVE the US until she has the AP document. I would suggest that if you're not sure that she goes home and you work on your relationship and re-petition her later if it works out.

AOS is a very serious thing and it sounds like you're on shaky ground already. Have her leave and come back on a visitors visa perhaps, or a spousal visa.

Best of luck with your decision.

Edited March 9, 2010 by Vanessa&Tony

[tulum 0]

this person has to be crazy (for lack of better terms). I was going to say he will probably get a RFE for incorrect fees and could just forget about sending it in again to end the process, but when I read further its looks like he is trying to correct the fees.

You guys are totally mix up, if your wife wants to go back home then send her back home and stop wasting USCIS time. This time and space could be used on other couples who are eager to get this process over.

Thanks for all the advice and suggestions- it was informative and constructive [ aside from Luckygoat's comments ] no, i am not crazy, i feel in love with someone from another country and went thru alot to be with her. if anyone on here , or anywhere for that matter, never has/had any problems, disagreements, arguements or fights in their relationship- i suggest they write a book[ Luckygoat ]- im sure it will be a best-seller. I thought i was in a relationship that was going in the right direction but due to the stress of;

a. cultural differences

b. weather/culture shock

c. missing family and home

d. not being able to work or travel home

e. becoming "americanized" or bad influence

due to these factors, we have run into some problems. We are trying to work on and save our relationship. I am a level-headed person but recently some things were said [ during a disagreement ] that worried me enough to seek advice on here. Her attitude about what she thinks [ i am responsible to take care of her whether we are together or not, that i cant send her home[ i figured she wanted to go home, since she missed home so much ] not to mention the fact that she has made american girl-friends, something i innocently encouraged, but they may have been telling her things that weren't good for our relationship. you know the story- if you aren't happy, you can divorce him, get money, and be single or find someone else, blah blah blah, etc. i think most american men , at one time or another, feel the same tinge inside of " did she marry me for love or just to get to the US?" I admit her attitude had me feeling like i was set up- at least a little. I came on here asking advice because even though i want to work on saving our relationship, i still need to protect myself. I dont want to be set up, accused of something i didnt do or any other crazy ###### like that. I want to know the facts, where i stand, what i am responsible for and what i am not. at this point, i am seeing a different person than the one i met and married and it is very confusing and painful to say the least. After going thru 2 years of waiting to be with this person, this is playing out like a movie. Anyway, thanks again for the advice, i do appreciate it. I am definitely NOT sending out the AOS package until things are resolved. Hopefully we will resolve things and make it better. If not, so be it and I will not only be done with marriage, but especially with trying to marry someone from another country. I will seek to send her back to her home country and attempt to forget the ordeal and move on. I wish good luck to others going thru this process.

[Danu 19]

Good luck to you! Not putting in the AOS is definately the best course for now until you figure out things, and you can always do it later if things work out. Best wishes that things do.

[TBoneTX 45,910]

I am definitely NOT sending out the AOS package until things are resolved. Hopefully we will resolve things and make it better. If not, so be it and I will not only be done with marriage, but especially with trying to marry someone from another country. I will seek to send her back to her home country and attempt to forget the ordeal and move on. I wish good luck to others going thru this process.

Your conclusions and your resolve are admirable. Keep the faith, si man.

[tulum 0]

Really...thanks for the support. I mean that ! Good Luck to you all also