My K1 Visa

[RERAMSEYJR 0]

My husband came in on October 4 2017. He and I were married on October 8 the. We are waiting until we can afford to file for AOS and GC . My husband is worried that we are going to wait to long. He has gotten several different answers. Can someone please help me find an answer?

[JE57 239]

It would be idea to file ASAP even if that means you have to borrow the money.   He will not be out of status until the 90 days expired so that would be about Jan. 4th give or take a couple of days.   Once he is out of status he is subject to deportation if he does not yet have AOS filed.   He is unlikely to be deported and is unlikely to be a priority for deportation but the fact remains that he is out of status and should he be selected for deportation there is little you can do and depending on how far the deportation process proceeds would depend on how much it would cost or if it would be even possible to correct it at that point.    However, there is a more practical reason to file ASAP and that is that he can not work legally in the USA or travel outside the USA and expect to be re-admitted until he has a greencard or until he receives a authorization to work and advance parole card (known as a Combo card) that you can apply for for free with the AOS and get about 4 months later.   Seems he would want to be able to work and once he was able to work then the income would be allow you to pay back the loan.    Good Luck

 

[geowrian 22,338]

Sure...but what exactly is the question?

You can file for AOS after the 90 days just fine. Your legal status expires at the 90 day mark, and authorized stay begins once you file for AOS. The gap in between in accruing unlawful presence (but isn't a basis for denial of AOS due to marriage with a USC).

[RERAMSEYJR 0]

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

[RERAMSEYJR 0]

31 minutes ago, geowrian said:

Sure...but what exactly is the question?

You can file for AOS after the 90 days just fine. Your legal status expires at the 90 day mark, and authorized stay begins once you file for AOS. The gap in between in accruing unlawful presence (but isn't a basis for denial of AOS due to marriage with a USC).

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

[geowrian 22,338]

3 minutes ago, RERAMSEYJR said:

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

Once the 90 days of legal status expires and you have not field for AOS, you would be in the US illegally and subject to removal. As noted above, this would not be likely to actually occur given that you could still easy apply for AOS and are not a priority for deportation, but the risk is there. Once you file for AOS later, you are in the US legally again.

 

Until you file for AOS, you cannot leave (and return) to the US nor work. Assuming he wants to work to help out with the financial aspects of  married life, the sooner you can file, the better. Beg or borrow as needed.

Edited November 29, 2017 by geowrian

[GreatDane 366]

19 minutes ago, RERAMSEYJR said:

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

Yes, you can definitely run into trouble. It's worth paying for AOS and applying for AP/EAD now. If you apply for AOS, you don't have to pay any extra for AP/EAD. 

After 90 days, he is illegally staying in the country. If he meets border control, he'll have issues and is subject to deportation. In the south, they have stops on roads/highways checking for legal status. If he leaves the US at any time, you have to restart the entire process and until AP/EAD, he cannot work at all. It is a huge risk. I, personally, wouldn't risk losing my husband to deportation and potentially the ability to live in the US together.

As part of the immigration process, you are on a fixed schedule on when to apply for visas to remain legal and at some point, if you've let it slide there are few options - and they involve expensive lawyers.

[Naes 12,205]

1 hour ago, RERAMSEYJR said:

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

The simplest way to say: he will be just like undocumented, illegal immigrant.. at least during that period till you file.

 

The question is not what happens if, cause anything can happen. Your question on the other hand should be:

 

Do you want to give it a try under the government that is running the country now?  Do you really think it's worth it?

 

Cause you can apply AOS even after. But if you run into anything significant, will he be able to stay in the country to actually apply?

 

It is a big "if"

[Naes 12,205]

2 hours ago, RERAMSEYJR said:

My husband came in on October 4 2017. He and I were married on October 8 the. We are waiting until we can afford to file for AOS and GC . My husband is worried that we are going to wait to long. He has gotten several different answers. Can someone please help me find an answer?

I'm sorry I actually didn't see your first original question. I understand the finance issue. But I would still try and give this priority. 

 

For one he can start working earlier because to work legally he also needs work permit; and if you apply ead together with AOS  you don't pay for ead.

 

he probably can, but you came all this way with this much effort to go through the legal way, don't waste and risk it now.

Edited November 29, 2017 by Naes

[Cyberfx1024 7,980]

15 hours ago, RERAMSEYJR said:

My exact question is, if we don't apply for AOS, then could we run into any serious trouble after my husband's Visa is over? And what could happen as a consequence of being in an unlawful presence due to visa expiration?

He could get in to trouble for being undocumented but it is very unlikely that he would. I recall a case a couple months back where a couple got married on the K1 visa and waited for sometime(months) to file for AOS, they got stopped for something and found that he was overstaying and "highly recommended" that they file for AOS ASAP so that the police wouldn't have to do anything further. 

 

There have also been cases here on VJ where couples have gone literally YEARS before filing for AOS and there was no issues at all. I remember one where husband didn't file for AOS for his for like 2 years until she threatened to divorce him if he didn't file. 

Edited November 29, 2017 by cyberfx1024

[geowrian 22,338]

5 minutes ago, cyberfx1024 said:

There have also been cases here on VJ where couples have gone literally YEARS before filing for AOS and there was no issues at all. I remember one where husband didn't file for AOS for his for like 2 years until she threatened to divorce him if he didn't file. 

Yup. And way, way too many cases of where they waited years, the marriage eventually failed, and then they were stuck in the US illegally with no means to stay legally, work, or leave and return. Just awful but there's no way to fix it afterwards.

[TNJ17 1,329]

No offense but this money is something you both knew you’d need once you started this process and should be a priority in your life is to get him legal and permanent so you don’t run into any more troubles in the future. Also, your financial troubles would be over once your husband is allowed to work which won’t happen until you file for AOS. I think your solution here is a really easy one and you shouldn’t even have to think twice about it. It’s just automatic. 

[caliliving 606]

You won't run into problems. I waited a while to file and many others do as well.