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

[del-2-5-2014 1,339]

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.

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.

I can see now why you have a hard on for this.

The Patriot is right and is not the first time I've read the views of the CFO. Perhaps they should just do like Russia with the adoptions and just ban any marriage between Americans if we're that bad.

[kaibigan 8]

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?

Ms. BirdyGirl85, one thing i forgot to mention that the husband is also a disabled person and into pain meds now..at that time of filing their old AOS, when the uscis sent it back to them they are into a financial crisis. so they set it aside, thinking it will be ok to do it some other time when they get the right amount of money. obviously they are not knowledgeable enough about this visa journey.(call it ignorance of the law if you like). when i asked them who did their paper works last time. they told me someone did it for them. Now they are close to their second year wedding anniv on December and the timing of meeting a person with a greencard made them realize that she is in a big trouble.

As a good christian, I told them about our visa journey. That we did our papers through the big help of this website.

without paying a lawyer or somebody.

That is why i posted this topic here. To help this couple get back on track.

as of this writing, i already talk to the couple and they are ready to start over again asap!

[kaibigan 8]

I can see now why you have a hard on for this.

The Patriot is right and is not the first time I've read the views of the CFO. Perhaps they should just do like Russia with the adoptions and just ban any marriage between Americans if we're that bad.

To Gowon:

we (vjers) did our own battle in this visa journey and we know the pain and hard work include the money ofcourse.

that is why we are all in the right direction hmm..i just checked my timeline

me and my husband talked about her being illegal..ofcourse! she's here for free while we are all had our share of pain

headache and did our best to save money just to prepare for all of this step by step.

I will not join those people who is so bitter and will call the police for them to detain this poor lady. i dunno (shaking my head) i told you call it

ignorance of the law for them. instead,i shared with them my visajourney...to enlighten them about her future if she still wants to stay or not in a good situation here in america.

I posted this topic here to gather infos so i can pass it to them. Some Information gives a big hope..i am a positive person so i will just

mind the positive action and reaction. anyways, as of this writing they are now gathering all what they need to start it again.

[kaibigan 8]

They can file AOS now, and they should. His wife is currently living illegally in the US and is subject to deportation. She can't get a job, drive legally, or travel internationally.

Her medical has expired and she needs a new one. Besides that, it will be a (mostly) normal AOS. She cannot use the travel document, Advance Parole, because of her overstay, though. She will have to wait to travel until she gets her Greencard.

He should protect his wife and her status by filing AOS ASAP.

She is not driving, she's not attending school. and no intention of travelling.

but she have a state ID .. right now the parents of her husband have a business, they help.. that makes them busy.

again, as of this writing they are checking their old AOS and will go back to redo it.

[kaibigan 8]

Wow! i am greatly overwhelmed by the participation of the vj members!

Thanks so much to Artisan,The Patriot, Peterpan,Vanessa&Tony,Dave&Roza,Darnell,BlueBianchi,Gowon,BirdieGirl85.

Question:

Now, I am not sure if they can afford an immigration lawyer(for sure expensive attorney fee).Do they really need it???

They told me the parents of the usc will help pay for their AOS case. so i am not sure if they can afford an immigration attorney.

DO they really need to include I- 130??? some say yes and some say no..

[Darnell 8,478]

some say it's based on the marriage date, so pay attention to that timetick.

--

re: attorney - how good of a a reader is HE? If he can follow the GUIDE for this, in the GUIDES section here at VJ, he should have no problem.

OR

He's already got a complete AOS set - what's keeping him from re-using it? Something smells, like 90 day old balut.

[Harpa Timsah 13,258]

No to I-130.

[kaibigan 8]

some say it's based on the marriage date, so pay attention to that timetick.

--

re: attorney - how good of a a reader is HE? If he can follow the GUIDE for this, in the GUIDES section here at VJ, he should have no problem.

OR

He's already got a complete AOS set - what's keeping him from re-using it? Something smells, like 90 day old balut.

re-using the old AOS??? The usc husband can read i guess..so they don't need a lawyer is that what you mean? thanks!

[Artisan 138]

Now, I am not sure if they can afford an immigration lawyer(for sure expensive attorney fee).Do they really need it???

They told me the parents of the usc will help pay for their AOS case. so i am not sure if they can afford an immigration attorney.

If there is any sort of financial issue I would recommend them locating a immigration advocacy group in your area. They can direct you to lawyers willing to work at a reduced fee or pro bono. VisaJourney is a great site for advice when it comes to the day to day paperwork and helping with the stress of waiting for judgement and approval. However there are some subjects in which it is best to get professional help before things get worse and overstaying a visa is one of those subjects. I wish your friends the best of luck.

[I AM NOT THAT GUY 5,715]

If there is any sort of financial issue I would recommend them locating a immigration advocacy group in your area. They can direct you to lawyers willing to work at a reduced fee or pro bono. VisaJourney is a great site for advice when it comes to the day to day paperwork and helping with the stress of waiting for judgement and approval. However there are some subjects in which it is best to get professional help before things get worse and overstaying a visa is one of those subjects. I wish your friends the best of luck.

There is no visa overstay. The K-1 visa is a one use visa that expired once she entered the US. Once she married her petitioner, she met the terms of the visa and is eligible for AOS.

[I AM NOT THAT GUY 5,715]

some say it's based on the marriage date, so pay attention to that timetick.

--

re: attorney - how good of a a reader is HE? If he can follow the GUIDE for this, in the GUIDES section here at VJ, he should have no problem.

OR

He's already got a complete AOS set - what's keeping him from re-using it? Something smells, like 90 day old balut.

Easy peasy. Waiting two years to file for AOS is not that unusual.

Edited May 26, 2013 by The Patriot

[Darnell 8,478]

re-using the old AOS??? The usc husband can read i guess..so they don't need a lawyer is that what you mean? thanks!

you are asking about re-using the old AOS? Really? Apologies, I think this is a very basic thing.

One takes the old AOS set, and copies out everything to the NEW AOS set, using new versions of the forms. One doesn't need a lawyer for that, in most cases, in my opinion. Think of it as copying out the answers to an exam, when you already know the answers.

It really is that straightforward.

Sure, dates change next to signature, dates showing location in the USA change,

but all the rest is the same - can do block-by-block 'copy-out' using a pen.

[Artisan 138]

There is no visa overstay. The K-1 visa is a one use visa that expired once she entered the US. Once she married her petitioner, she met the terms of the visa and is eligible for AOS.

Being eligible for filing an Adjustment of Status and being a legal resident are not the same. Technically the legal status of a K-1 visa holder lasts exactly 90 days after entering the US, married or not. That is why everyone is encouraged to marry as soon as possible once they enter the US and then file the AoS so they never fall out of lawful status. A few days or a couple of weeks at most and the USCIS isn't going to bother detaining someone. A couple of years? Yes, that's a problem.

The K-1 FAQ on this very site (http://www.visajourney.com/faq/k1k2visa-aos.html#6.1) provides this information.

If detained there will be a deportation hearing and it is entirely possible for the judge to rule for immediate removal. Once you file an AoS you are given a reprieve in a sense by the AG, however DHS through ICE and CBP have interpreted this period as not being a lawful status and can and will on occasion detain and deport immigrants that have not filed within. It's a political game being played with people's lives. Is it right? That depends on who you ask. Is it common? No, but it happens, especially in more conservative states with high unemployment and large immigrant populations.

My advice puts the OP's friends out a bit of time and perhaps a few dollars consulting a lawyer or contacting an advocacy group for advice. Your advice is a gamble that might lead to an unhappy ending. It is best to be safe and not sorry.

[I AM NOT THAT GUY 5,715]

The K-1 FAQ on this very site (http://www.visajourney.com/faq/k1k2visa-aos.html#6.1) provides this information.

Posting faq's from a self-help site.

[I AM NOT THAT GUY 5,715]

The I-94, not the K-1 visa, is the legal presence document. You go by the expiration date on the I-94, and if the I-94 does not show when it expires, it is valid for one year from date of issue,

Edited May 26, 2013 by The Patriot