Waiting 2 years to file AOS

[KittyPollitt 284]

Ok so my now husband came here on a K1 visa back in August '10. I was with him in his home country for 6 months and returned with him to the States. We got screwed out of a place to live by people who were supposed to be helping us readjust, so we had to spend all of our money on security deposits and furnishings, etc. We weren't able to AOS right away.

Fast forward 6 months, I'm working, making good money, he stays at home with our one year old. We're in a position now to afford AOS, but at this point, I'm thinking to just wait 18 months to file, so he can get a 10 year card. He's a stay at home Dad, we don't need income from him at this time, and he only leaves the house to visit my family and grocery shop, maybe go out to dinner once in a while. So I'm not worried about him getting picked up.

My question is, what kind of issues could arise from us waiting 2 years to file AOS? Will they give us a hard time? We have all the paper to back us up- lease, bank account, insurance policy, and utilities shared. Is there anything else I can do now to make a future interview go smoother? What should I anticipate?

Thanks ya'll.

Sarah

[Messybrownhair 251]

Honestly,I think you are better off filing now.. If an emergency comes up, its better that he has a green card. You never know what might happen in 18 months.. I would not want to wait 18 months out of status. It will be better for you guys in the end.. That's just my opinion though.

[Miss smarty pants 84]

My question is, what kind of issues could arise from us waiting 2 years to file AOS? Will they give us a hard time? We have all the paper to back us up- lease, bank account, insurance policy, and utilities shared. Is there anything else I can do now to make a future interview go smoother? What should I anticipate?

Sarah,

It's better to file. Don't risk it. You never know what can happen and after you worked so hard to be together, it's just not worth the chance. Is it?

[Harpa Timsah 13,258]

There is a rule that says that an AOS based off of an approved I-129F can only result in a two-year card, which contradicts the rule that states a couple married over two years should get a 10-year GC. There are reports here of K-1 people doing what you suggest and getting a 2-year GC in the mail, even though they were married for 2 years, because the IO sees that K-1 adjustment can only result in 2-year card. It seems like it depends on what rule the IO decides to read that day. If you want to wait two years, I'd expect to also file a I-130, just to guarantee that you get a 10-year card. Since that is only a little cheaper than the ROC anyway, I don't see the benefit. Good luck.

[Messybrownhair 251]

Exactly, besides, though it could work, do the pros really outweigh the cons? What if God forbid something were to happen to you, then that would leave your husband and child with limited options since he cannot adjust status without you, and wouldn't it be nice for him to have the opportunity to work if indeed the need came up? In the end it will be your decision but think about it well and goodluck

[JimVaPhuong 4,863]

There have been several occasions where my wife and step-kids needed to prove they were lawfully present in the US. Enrolling in community college, getting a driver's license, etc. My step-daughter is now having to submit a collection of our documents from USCIS in order to prove she's been lawfully present in California long enough to get in-state tuition. They would not have wanted to postpone these things and live for two years as a non-person just so I could avoid the hassle and expense of filing to remove conditions.

You might also want to consider how this might potentially affect your husband's self esteem. The first time he's asked to prove his status for some reason then he might feel he's no better off than the people who hang outside Home Depot begging for a day job.

[sciencenerd 56]

He also can't leave the county until he gets AP or a greencard. If there were some emergency that required him to travel out of the country, you'd have to start all over with the CR1/IR1 and be apart for many months. 18 months is a long time to gamble on nothing major happening in your lives. You could very well be fine, but the stakes are high enough that I would just do it now. I agree that it's annoying to have to do ROC when you know you're in a real marriage, but to have your husband out of status for so long just to avoid it seems like too much to me anyways. Good luck whatever you decide.

[ryna 132]

I agree with the others. If you can do it now, do it now. You never know what night happen in the future.

And, Jim brought up a good point, also. I know that after only 2 months, my wife is getting bored with being what she calls a "non-person" here - can't work, can't learn to drive, can't take English classes, can't be added to bank accounts, can't travel (outside the U.S.), can't....

[Mrstate 1]

I suggest doing it now, its better to have that 2 yr GC than nothing.

[Harpa Timsah 13,258]

You might also want to consider how this might potentially affect your husband's self esteem. The first time he's asked to prove his status for some reason then he might feel he's no better off than the people who hang outside Home Depot begging for a day job.

This.

I agree with the others. If you can do it now, do it now. You never know what night happen in the future.

And, Jim brought up a good point, also. I know that after only 2 months, my wife is getting bored with being what she calls a "non-person" here - can't work, can't learn to drive, can't take English classes, can't be added to bank accounts, can't travel (outside the U.S.), can't....

and this.

Really good points about self-esteem and the feeling of non-personhood. My husband felt the same way, and when get got the GC, I teased him and said "hey! you are a real person now!" and he grinned and grinned.

[KittyPollitt 284]

While I appreciate everyone's thoughtful responses, no one answered my question. My husband's self esteem is fine. He never drove in his country, he was a homebody there too. I've asked him what he'd do if there was an "emergency" at home, and he insists he would not want to go back for something like that. His own father had a situation when he was my husband's age where he was in France and returned home to be with his ailing father, and never returned to France- so there's some superstition in the family about that kind of thing, and his family wouldn't want him to return.

Relating your personal situations to my own is not what I was looking for.

Thanks anyway

[JimVaPhuong 4,863]

While I appreciate everyone's thoughtful responses, no one answered my question. My husband's self esteem is fine. He never drove in his country, he was a homebody there too. I've asked him what he'd do if there was an "emergency" at home, and he insists he would not want to go back for something like that. His own father had a situation when he was my husband's age where he was in France and returned home to be with his ailing father, and never returned to France- so there's some superstition in the family about that kind of thing, and his family wouldn't want him to return.

Relating your personal situations to my own is not what I was looking for.

Thanks anyway

You asked what kind of issues could come up. We told you. The general consensus here is that it's not a good idea to wait.

The sort of evidence you'll need at the interview will be the same as anyone else who has been married for two years. The subject of you waiting two years to file might be brought up at the interview. If you want to ensure that the IO will not use their discretion to adjust his status based on the K1 and issue a conditional green card, in spite of your marriage being over two years, you probably should submit an I-130 with the I-485.

[Messybrownhair 251]

Well the risk is yours to take. My take would be an emergency in the US, not in his home country, would make it really difficult for him or your family. Waiting two years would also not automatically grant a 10-yr GC so you might have waited for nothing? I don't know.. Nobody here is telling you what to do, its a personal decision and I wish you all the best with whatever you decide

[KittyPollitt 284]

You asked what kind of issues could come up. We told you. The general consensus here is that it's not a good idea to wait.

The sort of evidence you'll need at the interview will be the same as anyone else who has been married for two years. The subject of you waiting two years to file might be brought up at the interview. If you want to ensure that the IO will not use their discretion to adjust his status based on the K1 and issue a conditional green card, in spite of your marriage being over two years, you probably should submit an I-130 with the I-485.

The general consensus was based on how other people thought their own SO's would "feel" about it. While I respect that, my situation is different.

Thank you, Jim. I did plan on filing an I 130. Appreciate you swinging back by this thread.

[Harpa Timsah 13,258]

You asked what kind of issues could come up. We told you. The general consensus here is that it's not a good idea to wait.

Agreed.

The whole point of this website is to help each other based on our personal experiences. We told you the facts, and some people added an emotional component based on their experiences. Why discount that? If it doesn't apply to you, then ignore it, but don't shoot it down.