Did not send AOS papers since 2011.. can i still redo it? please need help!

[NigeriaorBust 4,087]

I'm not sure where you ever heard this... I have never heard of such a thing as "no activity on the file".

They have an approved I-129F, they married during the 90 day period. They have been married less than 2 years. They can simply file the i-485 and I-765 and they'll be fine. Even married more than 2 years they'd be fine, they just only get the 2 year card instead of 10.

There was a couple that passed through here about 4 years ago. K1 married in the 90 days but had waited years to file AOS ( money , having babies or some excuse ) and they were told there file was no longer valid. I forget how many years had passed but it was significant. They were told they needed an I130 because if the time that had passed.

[kaibigan 8]

Wow! i just went to out and came back with alot of reply.. thanks so much guys!!

There was a couple that passed through here about 4 years ago. K1 married in the 90 days but had waited years to file AOS ( money , having babies or some excuse ) and they were told there file was no longer valid. I forget how many years had passed but it was significant. They were told they needed an I130 because if the time that had passed.

Interesting! Thank you for the infos..

[Artisan 138]

No, the CFO seminar is a last attempt to convince Filipinos not to leave the safety of the homeland. Americans are portrayed as lecherous old men, completely unfaithful, that will treat their new wives as domestic help while they hold wild sex orgies in the same house, and if she complains, she will be beaten, or worse.

You make it seem like that never happens with the amount of sarcasm dripping from your post. The CFO provides an appropriate service for people immigrating to a new country. There are more than a few instances every single year of immigrant women that suffer abuse at the hands of their US spouse. Not every relationship is perfect or happy and many women often regret leaving home. The information provided by the CFO has come in handy for more than one Filipina that has had to travel abroad.

As for the OP, their best bet is to get a lawyer and then approach USCIS with all of the appropriate fees and paperwork in hand. Unfortunately since the Filipina has overstayed her visa she could be deported despite their attempts to fix the problem and it could lead to a 10 year ban on reentry. The best bet is to get an experienced immigration attorney.

[I AM NOT THAT GUY 5,715]

As for the OP, their best bet is to get a lawyer and then approach USCIS with all of the appropriate fees and paperwork in hand. Unfortunately since the Filipina has overstayed her visa she could be deported despite their attempts to fix the problem and it could lead to a 10 year ban on reentry. The best bet is to get an experienced immigration attorney.

Nope. She will not be deported. As long as she remains in the US, the worst that will happen is that she will be detained for questioning, then released with the admonition to apply for adjustment of status as soon as possible. She is not in a protected status, but she cannot be removed without cause either.

[I AM NOT THAT GUY 5,715]

You make it seem like that never happens with the amount of sarcasm dripping from your post. The CFO provides an appropriate service for people immigrating to a new country. There are more than a few instances every single year of immigrant women that suffer abuse at the hands of their US spouse. Not every relationship is perfect or happy and many women often regret leaving home. The information provided by the CFO has come in handy for more than one Filipina that has had to travel abroad.

The information given out by the CFO is outdated and dangerously inaccurate. The CFO was solely created to discourage emigration.

[Dave&Roza 748]

There was a couple that passed through here about 4 years ago. K1 married in the 90 days but had waited years to file AOS ( money , having babies or some excuse ) and they were told there file was no longer valid. I forget how many years had passed but it was significant. They were told they needed an I130 because if the time that had passed.

That is because as a K-1 visa holder you are basically required to receive a 2 year conditional GC, but if you are married for more than 2 years you actually qualify for a 10 year GC. However, the US governent has said that a K-1 visa hold must receive a 2 year GC yet you qualify for a 10 year GC. See how this goes around and around. So by filing the I-130 you are no longer just a K-1 visa holder applying for AOS, you are now a IR-1/CR-1 and now you are eligible for whichever GC is relivent based on the time of marriage. That is why here on VJ if the K-1 visa holder has not applied for AOS and their two year wedding anniversary is coming up, it is hightly recommended that they file the I-130 with the I-485 so they receive a 10 year GC instead of the 2 year GC.

OP: As the others have said, have them file for AOS and do not leave the country or go near the southern boarder where she may be asked to show legal status which she does not have. Then will come detainment, lots of questions and finally being hauled in front on an immigration judge who will tell her to file her AOS ASAP. Not an experience I would want my wife to go thru. She will need to spend the money to a Civil Surgeon for a new medical to include with the AOS application. I would do it NOW! You might mention to them that she cannot become a USC until she has been a LPR for 3 years and the date of becoming a LPR is based on being approved for a GC.

Good luck,

Dave

[Darnell 8,478]

ya, look at the marriage date.

if under 2 years, just normal AOS from a K-1 (we've a guide for that)

and if over 2 years, add in I-130

all this stuff has fees.

Go Get Em, and Good Luck !

[Artisan 138]

Nope. She will not be deported. As long as she remains in the US, the worst that will happen is that she will be detained for questioning, then released with the admonition to apply for adjustment of status as soon as possible. She is not in a protected status, but she cannot be removed without cause either.

The information given out by the CFO is outdated and dangerously inaccurate. The CFO was solely created to discourage emigration.

Your bias seems to be seeping through. There is no truth in what you have said. The information provided by the CFO is accurate and on point. The addresses and phone numbers they provide are important to those emigrating from the Philippines as is the information. Apparently you seem to have taken offense at the messages delivered by the CFO and that falls entirely on you for your lack of perspective and oversensitivity.

Having seen someone deported solely for failing to file an Adjustment of Status I can tell you first hand that you are wrong. You are batting a thousand for delivering false information. Do you wish to continue?

Edited May 25, 2013 by Artisan

[I AM NOT THAT GUY 5,715]

Your bias seems to be seeping through. There is no truth in what you have said. The information provided by the CFO is accurate and on point. The addresses and phone numbers they provide are important to those emigrating from the Philippines as is the information. Apparently you seem to have taken offense at the messages delivered by the CFO and that falls entirely on you for your lack of perspective and oversensitivity.

Having seen someone deported solely for failing to file an Adjustment of Status I can tell you first hand that you are wrong. You are batting a thousand for delivering false information. Do you wish to continue?

Interesting. Did you personally attend the CFO seminar? And how is it that you are familiar with the K-1 process? Careful now, you have already posted two falsehoods. Do you want to try for another?

[Blue Bianchi 77]

Probably because the husband doesn't want to pay the fees.

I wonder why they thought it was important to file AOS the first time around, but then when it got sent back because they didn't pay the fees, then all of a sudden, he thinks it doesn't need to be sent anymore? If he thought AOS didn't need to be filed, why did he even do it the first time?

[VanessaTony 3,567]

Having seen someone deported solely for failing to file an Adjustment of Status I can tell you first hand that you are wrong. You are batting a thousand for delivering false information. Do you wish to continue?

The Patriot is correct, you are not.

So "saw" someone deported, and unless it was YOU, this does not make it "first hand" information. You know someone it happened to, but it's doubtful you know exactly what happened. They WILL NOT deport someone without first going before an immigration judge. As the spouse of a USC the immigrant is first afforded the opportunity to file for AOS and are ordered to do so immediately. If they will not, or cannot, they will be deported. That's how it works.

So in the case you reference, what exactly occurred?

As The Patriot stated the OP's friend will not be deported. They CAN be detained and put before an immigration judge and ordered to file AOS asap. It would be stressful and not to mention expensive (attorney fees and bail) to make sure she doesn't sit in immigration detention while awaiting the hearing.

Edited May 26, 2013 by Vanessa&Tony

[Harpa Timsah 13,258]

Well someone could be deported if they failed to AOS and got divorced.

[I AM NOT THAT GUY 5,715]

Well someone could be deported if they failed to AOS and got divorced.

I was thinking that as well, but it would still require a hearing, and if she filed under VAWA, and can show she did not enter the marriage fraudulently, she would probably be granted a green card.

[VanessaTony 3,567]

Well someone could be deported if they failed to AOS and got divorced.

This is true, but you would think they COULD be given the chance to AOS based on VAWA first. I just think artisan is working on partial info.

I was thinking that as well, but it would still require a hearing, and if she filed under VAWA, and can show she did not enter the marriage fraudulently, she would probably be granted a green card.

Agreed. I think artisan doesn't know all the information. It isn't reasonable that they'd be shipped out without hearing, so obviously something else occurred.

[Artisan 138]

Interesting. Did you personally attend the CFO seminar? And how is it that you are familiar with the K-1 process? Careful now, you have already posted two falsehoods. Do you want to try for another?

Since July of last year I have worked with and consulted for a non-profit immigration advocacy service organization working out of Northeast Ohio. In that time I have worked with a lot of K-1 visa applicants, including numerous young women from the Philippines all of whom have attended the CFO seminar (also including my own wife who gave me a very detailed description of the whole CFO process along with all of the notes she took and contact information she was given). In that time I've helped with five different VAWA cases, three of which involved Filipinas. In two of those cases involving Filipinas neither reached the point of physical abuse and both women were able to contact our organization before the mental and social abuse escalated. For many women, especially those from non-Western nations, what constitutes abuse in the US is not always apparent or is tolerated on a level it shouldn't. The CFO provides many women the information they need to help them escape situations that are physically or mentally abusive or otherwise harmful.

All of these women are now safe from their abusive husbands and one has returned to the Philippines on her own accord even though she was able to stay in the US had she wanted. These young women got the organization's contact information after contacting one of the outreach groups for which the CFO provided information. These cases more than prove to me the value of the CFO and if only one woman a year is saved from an abusive 'relationship' then all the trouble and expense of the CFO is more than worthwhile.

The Patriot is correct, you are not.

So "saw" someone deported, and unless it was YOU, this does not make it "first hand" information. You know someone it happened to, but it's doubtful you know exactly what happened. They WILL NOT deport someone without first going before an immigration judge. As the spouse of a USC the immigrant is first afforded the opportunity to file for AOS and are ordered to do so immediately. If they will not, or cannot, they will be deported. That's how it works.

So in the case you reference, what exactly occurred?

As The Patriot stated the OP's friend will not be deported. They CAN be detained and put before an immigration judge and ordered to file AOS asap. It would be stressful and not to mention expensive (attorney fees and bail) to make sure she doesn't sit in immigration detention while awaiting the hearing.

As for the OP and his friends' problem no one can speak of absolutes. I said she COULD be deported. The Patriot said the worst case they WOULD be detained and then released. That is absolute BS. The worst case is that she could be deported for not filing the AoS. I say this because I sat in on a young woman's deportation hearing and listened as the judge ordered her deported. Her only crime was not filing her AoS and had overstayed her visa. She was detained after a neighbor contacted DHS and reported her as a possible illegal immigrant. The young woman did not have a lawyer when detained. Her husband contacted the organization after the fact. By the time the lawyers were able to start advising her it was too late to do much. We had her AoS paperwork in hand and the organization was willing to cover the fees involved. The judge wouldn't have any of it and ordered her immediate removal.

Once the adjustment petition is filed, the applicant is deemed to be in a "period of stay authorized by the Attorney General" but immigration enforcement agencies have interpreted this period as not including lawful status. So even immediate relatives of US citizens who have filed for adjustment of status and/or hold employment authorization are by Immigration and Customs Enforcement and Customs and Border Patrol policy subject to detention and removal proceedings.

The odds are usually in your favor not to be deported if you can get your paperwork filed prior to being detained, however that is still not a guarantee that the judge hasn't had a bad day and wouldn't mind taking it out on someone. So my advice still stands. Seek a good immigration lawyer and file the late adjustment of status prior to being detained then pray that the judge doesn't decide today would be a good day to make a political statement. Telling someone that they will NOT be deported when that possibility does exists, no matter how slight, is very bad advice and should never be offered.