Aos after marriage time frame help

[ZoeUK1989 35]

Hey all, I am just wondering if anyone can help me with the following question...

 

I came to the USA in January on the K1 visa and 90 days is up this month. We got married so we have stuck to the k1 instructions however this is our situation.

Since being in the USA we have had thoughts about moving back to the UK (my home country) problem is neither of us are 100% sure what we want to do yet. Since coming here things have not been easy and the decision was made more difficult when I was admitted to hospital and had surgery for the first time in my life. We feel it is hard to make a decision anyway especially now when I am not mentally myself at the moment (think my medication has messed my head up a little).

It seems there is no exact date when you have to apply for your AOS, how long do i have before i have to apply for the AOS without having to have another medical. We basically want to know if we can buy some time. I know we are already leaving it close if it has to be done within those 90 days but the 9 days in hospital kind of threw us off a little bit.

 

If anyone knows how long I have or can point me in the right direction that would be great. We do not want to pay the money for AOS to the realise we want to live in the UK. 

 

Thanks in advance everyone

 

[geowrian 22,338]

Once the I-94 stamp expires (90 days after entry), you will be out of status and the same as any other visa overstay in the US (technically deportable). Since you married within 90 days, you can still file for AOS as long as you are in the US...you just pickup the process right where you left off. Upon filing for AOS, you will have authorized stay within the US while the case is pending.

 

The medical is valid for 1 year. After that, you will need to have a new one completed.

 

If you leave the US without AP, your AOS will be abandoned and you'll need a CR-1/IR-1 visa to enter the US and stay again.

[grumpybrit 22]

1 hour ago, ZoeUK1989 said:

Hey all, I am just wondering if anyone can help me with the following question...

 

I came to the USA in January on the K1 visa and 90 days is up this month. We got married so we have stuck to the k1 instructions however this is our situation.

Since being in the USA we have had thoughts about moving back to the UK (my home country) problem is neither of us are 100% sure what we want to do yet. Since coming here things have not been easy and the decision was made more difficult when I was admitted to hospital and had surgery for the first time in my life. We feel it is hard to make a decision anyway especially now when I am not mentally myself at the moment (think my medication has messed my head up a little).

It seems there is no exact date when you have to apply for your AOS, how long do i have before i have to apply for the AOS without having to have another medical. We basically want to know if we can buy some time. I know we are already leaving it close if it has to be done within those 90 days but the 9 days in hospital kind of threw us off a little bit.

 

If anyone knows how long I have or can point me in the right direction that would be great. We do not want to pay the money for AOS to the realise we want to live in the UK. 

 

Thanks in advance everyone

 

 

I hate to say it, but the only real option is to make your mind up. The longer you wait in the US the more you have to explain away later. 

[ZoeUK1989 35]

Yes we need to make our minds up. It's just an extremely difficult one to make right now. I have been feeling extremely low even more so after my surgery so I don't want us to make a decision because I'm homesick and emotional right now. 

I just need to know basically that if I don't apply for the AOS before that i94 runs out that I am not breaking any rules as it doesn't seem extremely clean cut on when you have to apply for that AOS. 

 

It's a hard decision to make but either way if we decide to stay then we only have until the 20th April. 

[Wuozopo 4,293]

3 hours ago, ZoeUK1989 said:

Yes we need to make our minds up. It's just an extremely difficult one to make right now. I have been feeling extremely low even more so after my surgery so I don't want us to make a decision because I'm homesick and emotional right now. 

I just need to know basically that if I don't apply for the AOS before that i94 runs out that I am not breaking any rules as it doesn't seem extremely clean cut on when you have to apply for that AOS. 

 

It's a hard decision to make but either way if we decide to stay then we only have until the 20th April. 

Take some time. You do not have to apply within the 90 days. Some people wait a year or more. Nobody is keeping tabs to deport you the day your I-94 runs out. Yes it would be an overstay so if you  exceeded 6 months over,  then left without applying for AOS that might hamper a return later. But if you remain and apply for AOS even after 6 months, the extra time would not hurt your chances for a green card. 

 

To return to the UK with a spouse, you will have to hold a UK job for 6 months with the same employer, making above the required threshold of £18,600 before applying. 

 

 

[yuna628 9,711]

Sorry to hear about your troubles OP. Not filing for AOS and remaining past the I94 date means that you are technically undocumented, overstaying, and subject to deportation. That does not mean that someone is hounding down your back or following you etc, but it is a risk, however slight. Being in Arizona, stay away from border areas or anywhere near 'checkpoints'.

 

It sounds like you have a lot going on in your life, but also understand the UK has it's own complicated rules too, and you will not be able to just 'bring him over' with you. Unless you have big cash savings in an account, which is the fastest way of proof, it would require you pretty much leaving for the UK without him, and managing to find a job for over six months making that income threshold, and maintaining that level of income for years basically, as the immigration process is a multi-level-multi-year thing. There are no cosponsors considered. It's all based on the UK citizen. You will also be required to pay some sort of healthcare surcharge fee... and the rules are constantly changing, and there is a great uncertainty what will happen next (the application fees also went up even higher now). If you decide to go that route, you will also not be able to just come back to the US either. For one, you will have overstayed the I94, depending on how long that overstay would be can be troublesome. And secondly, your husband would then need to go through the process of filing for a spousal visa for you.

 

My other concern for you would be your health and well-being right now.. but you're having to make some big decisions here, which is contributing to that strain. You have to pick which country you want to live in and do everything you can do to make a go of it until the immigrant responsibilities are complete. If you haven't got your SSN already that's going to be out of the question for you now until you file AOS with EAD+AP and you have the EAD in your hands... the same with driving. I would hope that you have insurance, because the longer you go without it the penalty will add up.

[Transborderwife 4,666]

7 hours ago, Wuozopo said:

Take some time. You do not have to apply within the 90 days. Some people wait a year or more. Nobody is keeping tabs to deport you the day your I-94 runs out. Yes it would be an overstay so if you  exceeded 6 months over,  then left without applying for AOS that might hamper a return later. But if you remain and apply for AOS even after 6 months, the extra time would not hurt your chances for a green card. 

 

To return to the UK with a spouse, you will have to hold a UK job for 6 months with the same employer, making above the required threshold of £18,600 before applying. 

 

 

For the most part I agree with you, however any overstay in our current political climate can be dangerous as we have seen in the news as of lately.

[Wuozopo 4,293]

5 minutes ago, Transborderwife said:

For the most part I agree with you, however any overstay in our current political climate can be dangerous as we have seen in the news as of lately.

 

I am of the opinion that there are millions of people that might get deported before Zoe would be in the crosshairs.  The risk is not worth her further distressing herself while she is ill and unsettled.  I often think those news stories are sensationalized and there is more to the story than what is told. 

[Transborderwife 4,666]

Just now, Wuozopo said:

 

I am of the opinion that there are millions of people that might get deported before Zoe would be in the crosshairs.  The risk is not worth her further distressing herself while she is ill and unsettled.  I often think those news stories are sensationalized and there is more to the story than what is told. 

I was in overstay myself for quite some time.  I would not be doing the same thing today. People are definitely being removed without deportation orders for being in the wrong place at the wrong time.  Right. Is it's best to protect ones self however you can.

[geowrian 22,338]

2 minutes ago, Wuozopo said:

I am of the opinion that there are millions of people that might get deported before Zoe would be in the crosshairs.  The risk is not worth her further distressing herself while she is ill and unsettled.  I often think those news stories are sensationalized and there is more to the story than what is told. 

True, there are millions of others...but this isn't a lottery you want to win. Encouraging illegal activities (i.e. to overstay and take the risk) is not permitted on VJ. Explaining the consequences and next steps is fine.

[Wuozopo 4,293]

It's just a personal opinion. It is not meant to  encourage illegal activity.  Is there a law on the books that says she must file for AOS within her 90 days? I understand your opinions as well. Maybe I have just been settled in the US long enough not be freaked out by the administration du jour or the IRS and such. Anyway, apologies if It sounded like I am telling Zoe to break the law.  It was not my intent. 

 

So so what should Zoe do? Bail out immediately? Leave the husband behind and start over when she feels better.  Reconsider the whole marriage thing? Apply for AOS, get EAD and AP so she can go home for a visit and ponder what suits her best? 

 

 

[Transborderwife 4,666]

I'd AOS asap and go from there 

[geowrian 22,338]

11 minutes ago, Wuozopo said:

It's just a personal opinion. It is not meant to  encourage illegal activity.  Is there a law on the books that says she must file for AOS within her 90 days? I understand your opinions as well. Maybe I have just been settled in the US long enough not be freaked out by the administration du jour or the IRS and such. Anyway, apologies if It sounded like I am telling Zoe to break the law.  It was not my intent. 

 

So so what should Zoe do? Bail out immediately? Leave the husband behind and start over when she feels better.  Reconsider the whole marriage thing? Apply for AOS, get EAD and AP so she can go home for a visit and ponder what suits her best?

No, but the INA has provisions in place for anybody no longer in the US legally. Nothing requires somebody to marry or file for AOS within 90 days...but that's the end of her legal status when entering on a K-1 visa (as noted by her I-94 stamp at entry). AOS provides a new period of authorized stay. It's not a matter of being "freaked out" or whatever...it's just knowing the consequences and risks involved.

 

OP just needs to evaluate the situation given the information provided and make the best decision for her based on what she wants. It's not a simple decision, but that's the next step. Personally, I agree with @Transborderwife and would start AOS. If she decides that being in the US isn't the best thing for her right now, she doesn't need to proceed with it. There's a financial cost for this path, but having the option to work, travel, etc. while making the decision would be beneficial IMHO. The fees aren't small, but it's worth the peace of mind and keeping those options open later IMHO (not to imply you can't do that later...but not having to make a decision and wait another 3-4 months is what I meant).

Edited April 6, 2017 by geowrian

[lacolinab13 86]

In your shoes, my concern would not be deportation if you don't apply for AOS right away, but rather coming back to the US if you overstay and then decide not to adjust status. You could no longer use the visa waiver program, and, depending on the timeline, could face a ban. Since your husband, by the sounds of it, couldn't immediately immigrate to the UK, you'd potentially be facing a long-ish separation where you could not easily visit him in the US.

 

I don't know how tight your financial situation is, but I would file for the adjustment of status ASAP, within the 90 day window, and wait in the US until you receive your EAD/AP. That way, you will not jeopardize your use of the VWP in the future. Once you receive EAD and AP, first of all, you're likely to enjoy being in the US more as you can have more freedom (driver's license), get work etc, and you can go home for a visit and see take your time making a decision. 

 

Moving is notoriously difficult, especially if you're making a big move for the first time as an adult. I don't know what the difficulties in the US have been, but many of those difficulties may just be par for the course moving and experiencing culture shock ... difficulties your husband might likely experience in the UK. I'd think about why the two of you decided for you move to the US in the first place (do those reasons still apply?) and what you might do to improve your situation in the US, and then what life would be like for the two of you in the UK and the pros/cons of that. 

[nachnam 9]

I second Transborder Wife. If you go ahead with the application, It will give you time to think and make a decision while protecting your immigration status here with AOS.  Even if you do decide to go back to the UK, you would just withdraw your application and your future travel to US won't be affected compared to overstaying and then leaving.  

51 minutes ago, Transborderwife said:

I'd AOS asap and go from there