Married but never ffiled AOS :/

[Rinzler 0]

So me and my wife were married on a K1 from the UK. We got married about 30 days after she entered the states at our local court house. This was in 2010. We never filed for a AOS thou. We now have a 2 year old daughter together and she is stay at home mom. After looking online and reading around I have seen stories and been told that we will both go to jail and our daughter be sent to foster care from some online attorneys. Is this true as I doubt they would take our daughter from us as she has a SSN since she was born here. We have never been in trouble with the law or had any issues like that. I feel we should vist the local USCIS but she is worried if they do come down on us and take her or my self away. Should we just hire an attorney or just meet with the USCIS and get their guidance? Thanks and please don't flame me.

[baron555 934]

So me and my wife were married on a K1 from the UK. We got married about 30 days after she entered the states at our local court house. This was in 2010. We never filed for a AOS thou. We now have a 2 year old daughter together and she is stay at home mom. After looking online and reading around I have seen stories and been told that we will both go to jail and our daughter be sent to foster care from some online attorneys.

For what reason? Rubbish.

Is this true as I doubt they would take our daughter from us as she has a SSN since she was born here.

No one can unless you are bad parents.

We have never been in trouble with the law or had any issues like that. I feel we should vist the local USCIS but she is worried if they do come down on us and take her or my self away.

Since she never AOSed,she is here illegally and under an overstay.

Should we just hire an attorney or just meet with the USCIS and get their guidance?

That would most likely be prudent but only with an attorney that specializes in immigration issues. She needs to AOS properly (I-130 form) and would need guidance on how to get her very long overstay waived.

[Russ&Caro 1,548]

Seeking the advice of an experienced immigration attorney is probably a good idea. I went to the AILA website to find one near me when I needed one 3 years ago. Good luck!

[Rinzler 0]

Thanks for the quick reply. We have set a meeting with a attorney who does immigration locally.

[EM_Vandaveer 2,387]

I doubt you need an attorney. It's a good idea to have a consultation, but your case is not that different from someone else's who has an overstay & is filing for AOS on the basis of marriage to a US citizen. You can't file a stand alone I-485, though. YOU HAVE TO FILE CONCURRENTLY WITH AN I-130 (plus the other forms).

(As a K-1 the only marriage to a USC you can base your filing for AOS is the marriage to the petitioner for your K-1. That is not a problem at all in your case since that is the person you married.) Overstay is forgiven when filing for AOS on the basis of marriage to a USC, there is ZERO reason to get arrested etc., please don't worry about that.

Once you file all the forms and you have a NOA1 for your I-485 you enter a new period of authorized stay until the AOS is adjudicated. I'd say you'll be more likely to get an interview (I know some K1ers get a waiver), but that's normal for adjusting from other visas, too.

Rather, you should follow this guide.

http://www.visajourney.com/content/i130guide2

[EM_Vandaveer 2,387]

.

Edited March 1, 2016 by EM_Vandaveer

[EM_Vandaveer 2,387]

baron555,

There is ZERO reason to get "the long overstay waived". Overstay, no matter how long, is automatically forgiven when filing for AOS based on marriage to a USC.

[Ontarkie 14,133]

~~Moved to AOS Family, from K1 P&P - As the OP's wife entered on a K1 but has not adjusted her status. ~~

[Penguin_ie 5,992]

You shouldn't have any trouble filing AOS now.

[newbie215 3]

Hi RInzler...I sent you a message.

[EM_Vandaveer 2,387]

You shouldn't have any trouble filing AOS now.

I could not agree more. Also there is no need to visit a USCIS office. They can't give you legal advice anyway. (And when they do, they sometimes give you the wrong information anyway, especially on the phone.)

Just file all the forms. Start on the I-693, find a Civil Surgeon in your area as a medical will be needed.

https://my.uscis.gov/findadoctor

Then simply follow this guide:

http://www.visajourney.com/content/i130guide2

No reason to sweat it, you're perfectly fine.

[newbie215 3]

Hi OP.. I was same in your situation.I came here on K1 2011 but never filed AOS till Sept.of last year.Never had any troule,infact Sept. I submitted my papers and Dec. Got interviewed with no problem got approved on the spot got 10 yr GC.Just follow the same guide and requirements as the normal K1 AOS.You may check your inbox too.

[newbie215 3]

And to add you do not need I-130..Like I said just follow the same forms,guides and requirements like the normal K1 AOS..

[EM_Vandaveer 2,387]

I was under the impression that if it has been more than a year after marriage on a K-1, you do need I-130. However I was wrong. That only applies if they married AFTER the 90 days. So correct, no need for I-130. Just check "C" on part 2 of the I-485.

I-693 is needed as well as a full medical.

[caliliving 606]

omg i waited 2 years after i got married to file AOS! i was overstayed you will be FINE!!! no worries!!!!