Divorce before AOS

[Aleia 0]

28 minutes ago, Russ&Caro said:

The environment for immigration here in the USA is changing, and not in a direction that favors would be immigrants. The further you stray from the normal path of spousal immigration, the more difficult it will be.

 

Question: how is your family being supported? I assume your husband works since he has tax problems. How will you be supported after the divorce? Since you didn't go through AOS, you don't have work authorization.

We talked today and he said he will never sign the divorce papers and right now I am with MIL. He is supporting us and said he will continue supporting.

[Aleia 0]

Thanks guys for all the replies. It is really helpful. Update is that me and husband talked and he promised to stay away from drugs now. I gave him a chance but with conditions that I will continue to stay with MIL and will not go back in the house with him until he fix his tax and my papers, which he agreed. We are in speaking terms and he said even he screwed up he never stopped realizing our plans. He said that he loves his family it’s just that temptation is strong which I don’t want to deal. I really appreciate your time.

[Aleia 0]

19 hours ago, geowrian said:

Exactly as stated above.

 

1) By failing to file for AOS within 90 days of entry, you have been (and still are) out of status and subject to deportation. You're likely not a priority for any such action, but it is a possibility.

2) You can only adjust status through the K-1 petitioner. Anything else would require leaving the US first (and a waiver for the 10 year bar due to overstay).

3) Technically, if the husband wants to proceed with the process even after divorce, this is possible under Matter of Sesay. But he has to be willing to support you via the I-864...typically this is not a responsibility an ex would do for you (assuming he even qualifies given the history noted). This is also a very uphill battle even if he is willing to provide an I-864 still.

4) If you leave the US, the USC children can remain in the US. Or, with permission, they may be able to travel with you.

5) Once the children turn 21, they may petition you for a green card.

As to what i understand with the 90 days after entry is the couple should be married within the 90 day period but not about Processing the AOS. Yes it is right that I am out of status but I never heard about time limit on when to process the AOS, I think the only consequence without adjustment is I won’t be able to travel outside the country and not be able to work.

[Boiler 45,575]

You are out of status and deportable.

[Lemonslice 4,859]

7 minutes ago, Aleia said:

As to what i understand with the 90 days after entry is the couple should be married within the 90 day period but not about Processing the AOS. Yes it is right that I am out of status but I never heard about time limit on when to process the AOS, I think the only consequence without adjustment is I won’t be able to travel outside the country and not be able to work.

You are also 100% dependent on the goodwill of your (apparently) unstable husband.  

[Aleia 0]

9 minutes ago, Boiler said:

You are out of status and deportable.

Just a question if anybody hear that somebody who was out of status or haven’t processed the AOS yet that has been deported?

Edited February 12, 2018 by Aleia

[Aleia 0]

7 minutes ago, Lemonslice said:

You are also 100% dependent on the goodwill of your (apparently) unstable husband.  

Don’t get me wrong my husband has been able to support the family ever since, it’s just that he’s lazy to do his taxes and wanted to hire an accountant since he owed some amount before and he gets confused on stuff that can be deductible as he is self employed. He is working on it trying to save coz hiring CPA is asking $10,000 up front. 

10 minutes ago, Lemonslice said:

You are also 100% dependent on the goodwill of your (apparently) unstable husband.  

 

[Boiler 45,575]

$10k? Sounds a total mess. Mega issues.

[Lemonslice 4,859]

3 minutes ago, Aleia said:

Don’t get me wrong my husband has been able to support the family ever since, it’s just that he’s lazy to do his taxes and wanted to hire an accountant since he owed some amount before and he gets confused on stuff that can be deductible as he is self employed. He is working on it trying to save coz hiring CPA is asking $10,000 up front. 

 

You are dependent on him financially.

Your legal status is depending on his goodwill.  Obviously, you are not his "priority"... how you want to protect yourself is now up to you (or him)

[Aleia 0]

2 minutes ago, Boiler said:

$10k? Sounds a total mess. Mega issues.

Might be a mess but his uncle had more than what my husband owe and got a very low settlement so that’s we are looking forward to. 

[Aleia 0]

2 minutes ago, Lemonslice said:

You are dependent on him financially.

Your legal status is depending on his goodwill.  Obviously, you are not his "priority"... how you want to protect yourself is now up to you (or him)

Partly you are right that I am dependent on him financially but the priority thing is what I can’t agree although this has been a delay on the adjustment, I actually agreed to it coz in 4 years it wasn’t easy as we got pregnant so soon and then second child came less than a year too. So I understand why he didn’t get to fix his tax and the process. But him messing with drugs is a very big issue for me. He isn’t a hardcore addict, he doesn’t do it daily or weekly but it’s like once every few months. Which I don’t tolerate. 

[Boiler 45,575]

If you want a GC sounds like you need to be a bit more tolerant.

[Aleia 0]

16 minutes ago, Boiler said:

If you want a GC sounds like you need to be a bit more tolerant.

I am just curious if anybody that hasn’t processed the AOS after they got married within the 90 days period upon arrival was deported? 

[Boiler 45,575]

I have read about people ending up in front of an Ij who has stayed decoration pending filing but that was where there was a sponsor, spouse willing to do so.

[geowrian 22,337]

2 hours ago, Aleia said:

As to what i understand with the 90 days after entry is the couple should be married within the 90 day period but not about Processing the AOS. Yes it is right that I am out of status but I never heard about time limit on when to process the AOS, I think the only consequence without adjustment is I won’t be able to travel outside the country and not be able to work.

You need to marry within 90 days to file for AOS under the K-1 basis for doing so. You are permitted to file for AOS after the 90 days, although you are out of status and deportable until doing so.

Those are some consequences, but not all. As stated, once you are out of status you are unlawfully present in the US and therefore are eligible for removal (deportation). You also accrue unlawful presence for the purposes of obtaining a 3 or 10 year bar on any other visa once you exit the US.

 

2 hours ago, Aleia said:

Just a question if anybody hear that somebody who was out of status or haven’t processed the AOS yet that has been deported?

1 hour ago, Aleia said:

I am just curious if anybody that hasn’t processed the AOS after they got married within the 90 days period upon arrival was deported? 

As stated, you would not be a priority for ICE, just like any other person overstaying their visa. They prioritize immigration offenders with more serious issues such as criminal activity, but not being a priority is also not an immunity...a random checkpoint or stop could also do it.

If caught, an immigration judge would likely stay any removal pending filing for AOS. But it sounds like that ship has sailed since you need your current husband (the K-1 petitioner) to complete AOS. Without a way to stay legally, I would assume they would treat you the same way as anybody else unalawfully present in the country and put before an immigration judge.