AOS still not filed Six Years Later.

[Beth & Achraf 328]

Its not a big issue, just file the AOS and have plenty of evidence of being together for 6 years, joint banking, joint credit cards, her on your health insurance, Life insurance on each other, joint lease or auto purchase, Wills, anything you can think of to show the last 6 years has been an on going marriage.

You will be fine. Best wishes on your new journey.

[Rc123rc 528]

Short answer is many people file AOS years and years after getting married without a problem. A new medical is required. All the other requirements for AOS are the same. I would expect by now you have lots and lots of relationship/marriage evidence. Right? Stop worrying, stalling and just get it done.

[Ischnura 285]

Hypnos is right on all counts. There's not really much more you need to hear. File asap and as soon as you have the NOA1 you can relax. She'll be back in status temporarily. Don't forget to apply for the EAD if she wants to work/drive etc. There's a fair wait on the AOS journey but there are threads for filers of every month so you'll have heaps of support should you find need of it

I've been here three years before filing but having AOS in the works is such a weight lifted.

[EM_Vandaveer 2,408]

Overstay is forgiven to spouses of USCs. File ASAP.

[N-o-l-a 7,167]

But, if you havent filed yet and your wife is caught outside the house by US ICE that's another thing.

I just want to clarify that they could come knocking at your door too, not that it is likely, but it could happen. I worry this statement might lead to her being "kept" inside the house. Any time out of status, inside your home or not, runs the risk of issues.

OP, I hope you get the AOS filed soon so your wife can be a more active participant in America.

[KayDeeCee 4,893]

Thank you all. My concern is that she is out of status, that is why I am asking if we have problems with filing for her AOS. It sounds as though the out of status will be forgiven once i get the AOS filed. I am starting now to work on that. Thanks again for the advice, and any advice yet to come.

What Hypnos said is correct. Yes, she has been out of status and accruing unlawful presence since her I-94 expired many years ago, BUT once she files for AOS, she will be in a new period of authorized stay while her case is processing. Then once the green card is approved, the overstay she accrued the last 6 years will not matter anymore.

[SunflowerSweet 1,321]

Is not that hard I promise,

You must file asap. Your wife has been without any papers for the past 6 years (no ssn, no dl, no employment etc etc). She is completely out of status, so she could face legal issues just as any other illegal immigrant.

To be fair, if she came on a K1 then she likely has a SSN (or should have been able to get one) and in some states may have even been able to get a driver's license and/or state ID. Most require EAD though.

That being said, yes OP your priority should be filing the paperwork for AOS as soon as you can,

[hihihi 2]

first did you marry her within 90 days period? and when you send your AOS, you have to send a letter explaining why you waited this long to apply. your case sounds like financial issues so explain that well. Good luck!

[Penguin_ie 5,993]

**** one unsolicited advertisement and discussion of same removed *****

[Hypnos 6,576]

when you send your AOS, you have to send a letter explaining why you waited this long to apply.

No you don't, and, indeed, the OP should not do that.

[IcezMan_IcezLady 582]

To be fair, if she came on a K1 then she likely has a SSN (or should have been able to get one) and in some states may have even been able to get a driver's license and/or state ID. Most require EAD though.

That being said, yes OP your priority should be filing the paperwork for AOS as soon as you can,

Maybe SSN but not DL. She will need more than SSN card to get DL.

So it is more likely, OP has none of those.

[Moslund 94]

I came here on a k1 on January 2010 and I just filed AOS April 2016!! So far so good... We hired a lawyer to be in the safe side and I was very paranoid about deportation my lawyer told me and reassured me Aslong as you marry within the 90days immigration can't deport or detain you because you haven't token any immigration laws the ONLY condition to the k1 is marry within 90days so Aslong as you married within those 90days you have nothing to worry about wth reguards to getting into trouble with Uscis... If they were to turn up at your door all you need to do is show them you married within the 90days and the only thing they can do is tell you to file AOS... Just file it soon rather than later and all will be fine

Edited September 8, 2016 by Moslund

[Hypnos 6,576]

my lawyer told me and reassured me Aslong as you marry within the 90days immigration can't deport or detain you because you haven't token any immigration laws the ONLY condition to the k1 is marry within 90days so Aslong as you married within those 90days you have nothing to worry about wth reguards to getting into trouble with Uscis... If they were to turn up at your door all you need to do is show them you married within the 90days and the only thing they can do is tell you to file AOS...

Unfortunately you and your lawyer are 100% wrong.

Anyone out of status in the US - anyone - can be detained by ICE at any time.

K-1s are not magically protected just because they married within 90 days, and it gets tiresome correcting people who think they are.

Try reading this: http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

Edited September 8, 2016 by Hypnos

[KayDeeCee 4,893]

first did you marry her within 90 days period? and when you send your AOS, you have to send a letter explaining why you waited this long to apply. your case sounds like financial issues so explain that well. Good luck!

Where did you get that misinformation? Where in the instructions does it ever state such a thing? This is incorrect, bad advice. The USC spouse must provide the affidavit of support. It would not be a good idea to tell them they had financial issues the last 6 years while trying to prove steady, ongoing income that will keep the immigrant from becoming a public charge. If they have an interview, and if the IO asks why they waited so long, then they can(and should) be honest about why they waited.

I apparently missed some discussion that my deleted one word question started.

Edited September 8, 2016 by KayDeeCee

[milimelo 4,479]

Did you just open another topic saying your wife left you?