Aos after marriage time frame help

[Wuozopo 4,293]

1 hour ago, geowrian said:

  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).

For cost comparison if they go to the UK and she holds a job 6 months before he can apply, then 3 months more for a decision and his entry.

 

Approximately $1825 fee (today's exchange rates) gets him around 2.5 yrs.

Then an extension application -approximate $1238 in US dollar equivalent.

 

Both ways have a hefty price. 

[geowrian 22,338]

38 minutes ago, Wuozopo said:

Both ways have a hefty price. 

Very true.

[ZoeUK1989 35]

Thanks for the help everyone.

 

We understand either way we choose to do it has a possibility of it being costly. The reasons we chose the US seem to be less realistic than we both originally thought. I'm also sorry to say that I wasn't as concerned about living in the USA as what I am at the moment due to the president situation.  No disrespect if you support him but I have major concerns for myself and my wife as I am in a same sex relationship. I feel I do not know what the future holds for us here. If our rights will be taken away, whether they way I look will discourage employers and so on. In the UK I feel the jobs over more security and things like holidays which are needed when you have families that live so far apart. 

There are many reasons we are not sure or unable to decide at the moment but I do agree when people have said to basically apply for the AOS and buy ourselves the time we possibly need to make this decision.

 

I mean what's  $1500 on top of the medical bill I am about to recieve. 

 

Thanks again

 

 

 

[sparkles_ 456]

13 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. 

 

 

Oh yea they are. There is an electronic entry exit system now. Mine landed in removal less than 6mo after overstaying. ICE officer told him to his face this reason. Its just a matter of when your file ends up on a desk at ICE, could be 6mo could be 6 years.

 

Try not to play with being out of status. 

Edited April 6, 2017 by sparkles_

[ZoeUK1989 35]

Also there are a lot of comments saying that you are overstaying if you don't apply before that 90 days is up however this is where I get confused.

If you are allowed to wait to get married until the 90th day it's like they are almost setting you up to overstay. People who marry on the 90th day are going to overstay straight away. 

 

 

 

[sparkles_ 456]

27 minutes ago, ZoeUK1989 said:

Also there are a lot of comments saying that you are overstaying if you don't apply before that 90 days is up however this is where I get confused.

If you are allowed to wait to get married until the 90th day it's like they are almost setting you up to overstay. People who marry on the 90th day are going to overstay straight away. 

 

 

 

People who marry at 90 days and file on 91, go into authorized stay granted by the attorney general as soon as they get NOA1, within 2-3wk. There is a large difference in being in the grey area of authorized stay pending adjustment and being straight up out of status and waiting to file. 

Edited April 6, 2017 by sparkles_

[yuna628 9,711]

30 minutes ago, ZoeUK1989 said:

Also there are a lot of comments saying that you are overstaying if you don't apply before that 90 days is up however this is where I get confused.

If you are allowed to wait to get married until the 90th day it's like they are almost setting you up to overstay. People who marry on the 90th day are going to overstay straight away. 

 

 

 

Look at it like a complex grey area. You are given 90 days to marry and a choice of whether to stay in the US and adjust or return home (and start a spousal process etc). Now there's not a lot in terms of law regarding the K1 that says X person must adjust status within the 90 day limit. But what does the law say if a person decides to 1) not adjust and 2) remain/overstay? It says that you are present here by illegally overstaying and become subject to deportation at any time they so choose (though you will see it argued it is unlikely to happen - unlikely does not remove the possibility of could..).

 

Currently the policy is to allow those who decide to 'come clean' from their overstay to adjust based on marriage (which they are entitled to do) no matter if they have overstayed for days, months, or years. I suppose you could say, we try to be humane like that (others would argue it's just people exploiting a loophole). But there are other consequences to overstaying that kick in if you don't adjust and leave the country such as a bar or ban. Theoretically one could say that if you got married on the morning of the 90th day, and had no waiting period for a marriage certificate copy, you could file AOS on the very same day. Hypothetical and a very specific scenario, I know. Even if you file for AOS, before the I94 runs out, you are sort of in a 'limbo status' kind of temporarily protected by the NOA1, until you are protected fully by the EAD or green card (whichever comes first).

 

I look at a K1 like a two-part process (with the second part being optional in the government's eyes - they either expect you to do it or they expect you to not do it and to leave before overstay), and it's important to protect the spouse's status as soon as possible (and get the SSN and insurance too).

 

And I understand there's a lot going on that's troubling you about the current state of the US.... but the best advice I could offer is to ideally try not to overstay and file as soon as you can. It will buy you time to think. If you don't overstay you'll have options to return through other visa methods. If you decide to abandon green card later on in favor of the process in the UK that's also doable.

Edited April 6, 2017 by yuna628

[ZoeUK1989 35]

Thank you Yuna, I think we will have to apply and see what we decide to do later on. 

I have been suffering since my surgery physically and mentally and it's difficult because I got Ill so close to my 90 days. It's not like If we decided to go back to the UK now that I could do it without over staying. Unfortunately my surgery has left me with an open wound and I struggle to sit down for more than around 20 minutes and even that 20 minutes can be excruciating. There is no way I would be able to make a 11 hour flight and then a 3 hour drive back from the airport in the UK. Also my dressings have to be changed regulary and I can't do them myself.

 

Our situation completely changed after I got here. I was ill almost immediately with sciatica, my wife's job situation, my illness and then my surgery, money... lots of things. 

 

We know that for us to live in the UK that I need to earn that money for 6 months and that it means us separating again. We thought that what we could do was seperate whilst I go back and get the job I need. Whilst I am earning that money for 6 months my wife can visit for 6 months, from there she goes back to the US and we apply for the spouse visa which takes around 12 weeks. We know either way it will not be plain sailing but we just wanted the information and opinions that other people had. 

 

Again thank you everyone because it seems quite clear to me now that I need do the AOS and then if we decide to leave then at least it is legal and all above board