K1 visa married within 3 days of her arrival, now I have to go overseas.

[Christopherc 0]

Hello,

I married my K1 visa fiance within three days of her arrival to the USA and now after 1 month my employer is sending me to Afghanistan for 5 months. This obviously is causing problems but my question is regarding the AOS, if I file for AOS now and am over seas I will not be able to go to an interview. Should I just wait until I get back? We are both in New Mexico close to the border, if we go to El Paso or another near by city we have to go through a border control station. My understanding is, if she does not have an AOS in process they can cause problems.... Should I just go ahead and start the AOS anyway, even if they might call me for an interview?

Edited January 27, 2014 by Christopherc

[David & Diana R 1,005]

Hello,

I married my K1 visa fiance within three days of her arrival to the USA and now after 1 month my employer is sending me to Afghanistan for 5 months. This obviously is causing problems but my question is regarding the AOS, if I file for AOS now and am over seas I will not be able to go to an interview. Should I just wait until I get back? We are both in New Mexico close to the border, if we go to El Paso or another near by city we have to go through a border control station. My understanding is, if she does not have an AOS in process they can cause problems.... Should I just go ahead and start the AOS anyway, even if they might call me for an interview?

Wait, I have been to El Paso. To move about the US I never had to cross any border control stations once in El Paso. You say the two of you are in New Mexico? I don't get it. Is the real concern that she may want to cross the border to Mexico while you are away? Now that "could" be a huge problem.

[Christopherc 0]

I am in Alamogordo, NM. If I travel to El Paso to fly anywhere with my wife they have a border control station on the highway between the cities within the USA, they also have another border control station on the highway between Alamogordo, NM and Los Cruces, NM, the next largest city close to us for shopping and they always ask if we are US citizens..... even though we are not crossing any borders, State or USA.

[KayDeeCee 4,896]

They have checkpoints along the highway near the border. You do not have to try to cross into Mexico to be inspected.

OP > You can go ahead and file for her AOS. That will place her in a new period of authorized stay. It is possible for her to be approved without an interview when adjusting from a K-1. If you should happen to get an interview, you could either try and fly back just to attend, or she can ask to reschedule because you are out of the country working,

[Christopherc 0]

OK, probably the best thing to do, just file and if they ask for an interview handle it then, if they will allow rescheduling the interview. Someone else told me you can't get them rescheduled.

Edited January 27, 2014 by Christopherc

[KayDeeCee 4,896]

They can be rescheduled. You just need to send them a letter, not just call, and ask to have it rescheduled. You can follow up the letter by making an infopass appointment and making sure to get confirmation of the cancellation and rescheduling,

[christeen 966]

Yes, file for AOS, do t leave her In Limbo... Also, since you are leaving so soon after her arrival, on a personal note, please be sure to take some time to prepare your spouse for being left alone in a strange country so soon after her arrival... That is a big culture shock and an adjustment difficulties will only be compounded being alone...

[Christopherc 0]

I know this is wrong, it is plain wrong to do that but I am being forced to do so, unexpectidly. I am trying to find someone in Alamogordo who might know Russian language well to help her out. That said, she took 12 months of english classes in Ukraine before she came and we have been communicating in English for 5 years now, this has been a long time coming to bring her to the USA. My land lord is also going to help her with anything that comes up.

[christeen 966]

I was not judging, I totally get that sometimes you gotta do what it takes for work, my husband has had a ship based career as a technician so I get it... I was just mentioning to be sure to set up a support system for her, which it sounds like you are doing... Stay safe!

[RodIllinois 2]

Make sure you apply for her travel document at the same time as AOS, just in case she needs to leave the country for any reason. It won't cost any more as long as you do it with the AOS. It only takes about 6 weeks to 2 months and she will have it long before any possible interview for AOS.

Also be sure she keeps the letter from the USCIS saying she has applied for AOS. It can be used as proof she is here legally after her K1 visa expires, and also to immediately apply for a social security number which you will need to file your taxes for 2013 (assuming you married in 2013).

You will have to file your taxes at a special address with a letter asking to treat your non-resident alien spouse as a US Resident Alien for 2013 and declare any income she earned in the Ukraine during 2013. But it's worth it to get joint filing status!

[JRF 117]

You should not worry about the checkpoints...I've been through them many times in TX, NM and CA. They are primarily interested in contraband and illegals. As long as she has her passport with stamps she is fine. At most she will have a secondary inspection but remind her to be calm and answer questions directly...no problem.

[DavenRoxy 1,073]

The interview may end up being after you return. You may not get selected for an interview. She may be able to attend alone, with proof you are overseas for your job. You can request an extension on an interview date if they do schedule you before you return. But for sure, I would apply for AOS, EAD, and AP ASAP before you leave. It can make her life easier. Unfortunately, she won't be able to apply for SSN until she has at LEAST a NOA, EAD, or GC, if she is past the first 74 days in the US.

ETA: I think you are probably under the 74-day window for SSN. I HIGHLY recommend applying for that for her before you go!

Edited January 28, 2014 by DavenRoxy

[Brit Abroad 166]

Wait, I have been to El Paso. To move about the US I never had to cross any border control stations once in El Paso. You say the two of you are in New Mexico? I don't get it. Is the real concern that she may want to cross the border to Mexico while you are away? Now that "could" be a huge problem.

You've obviously never travelled through this part of the country or you'd know there are CBP checkpoints in multiple places on all roads leading out of EP. The problem is that if his new wife cannot show paperwork that gives her legal status beyond the fiance visa, it is possible she will be detained.

OP, file for your AoS. Your employer should be able to write you a letter (or orders, if you're military) that shows your anticipated leave to and return from dates to Afghanistan. Enclose a copy of the letter with your AoS paperwork and ask if your wife can have an interview without you present or if it can be delayed until your return. Obviously, you are not building up shared evidence of a personal nature for her to take to the interview, unless you start using a call log in Skype or similar; although you will be amassing shared household bills if you get them put in both names. If you have a Power of Attorney in force for her to handle your financial and personal affairs, and/or a will naming her as the beneficiary these act as good evidence of a good faith marriage. Get as many things in both names as you can before you leave - phone, cell phone, cable, gas/electric/water, mortgage/rent book, cars, insurance.

Once your wife has the I-797 that confirms AoS has been applied for, she simply needs to carry that with her passport to pass through the CBP checkpoints without problems.

Stay safe.

[DavenRoxy 1,073]

You've obviously never travelled through this part of the country or you'd know there are CBP checkpoints in multiple places on all roads leading out of EP. The problem is that if his new wife cannot show paperwork that gives her legal status beyond the fiance visa, it is possible she will be detained.

Stay safe.

I think that is a tad extreme. A marriage license with a current passport and expired I-94 should suffice just fine. There is no requirement to file for AOS, and certainly no timeline.

I happen to know a fella on here who lives in AZ and has gone thru CBP checkpoints regularly, and they never had any issue, before or after AOS.

[RodIllinois 2]

To stay in this country legally past the 90-day expiration of the K-1 visa, she must apply for AOS. It most certainly is required. Failure to do so will eventually get her deported.