Pros and cons of filing AOS a little late?

[Mrsjackson 300]

Hello, 

 

I am a K1 beneficiary. Entered the states in June with a september i 94 expiry date. Got married in June as well. I’ll try to make this as succinct as possible. My husband is self employed. So I now know that for “current annual income” for a self employed person you use the number on last year’s tax return. My husband is set to make a great deal more this year than he made last year. His business is fairly new and has been growing rapidly. So his 2017 tax return just barely made the 125% poverty threshold (we have a larger household size due to children from a previous relationship). His 2 tax returns before that will show under the threshold. 

 

In the current climate, I would really like to show USCIS that there will absolutely be no problem with financially supporting me especially since his prior years tax numbers are not ideal. So I’ll be out of status in September, and what I am wondering is if it might be a better idea to wait until January 2019 (the earliest we can file his 2018 taxes) to file my AOS. Thanks for any advice. 

[Roel 7,193]

Pro - the sooner you start, the sooner you will receive work permit, green card, etc. It takes months after all . 

 

Con - the longer you wait, you can get out of status and be deportable. 

 

That's said, it's really up to you. There is no deadline for AOS so if you want to wait, that is fine. 

[Jojo92122 1,924]

Pros - none.

 

Cons - you would be out-of-status and deportable.  Unlikely to be deported, but you would be living here illegally.  Under the Trump administration, nothing surprises me anymore.  

[Mrsjackson 300]

13 minutes ago, Jojo92122 said:

Pros - none.

 

Cons - you would be out-of-status and deportable.  Unlikely to be deported, but you would be living here illegally.  Under the Trump administration, nothing surprises me anymore.  

So you would not consider being able to show a greater income a pro? Under the trump administration I would think this might be a pro. If in the very unlikely event that I came into contact with ICE I would file immediately to rectify the situation, so I don’t really think I’d ever be deportable. 

17 minutes ago, Roel said:

Pro - the sooner you start, the sooner you will receive work permit, green card, etc. It takes months after all . 

 

Con - the longer you wait, you can get out of status and be deportable. 

 

That's said, it's really up to you. There is no deadline for AOS so if you want to wait, that is fine. 

Thanks. Stay at home mom though so not in need of either .

[Jojo92122 1,924]

8 minutes ago, Mrsjackson said:

So you would not consider being able to show a greater income a pro? Under the trump administration I would think this might be a pro. If in the very unlikely event that I came into contact with ICE I would file immediately to rectify the situation, so I don’t really think I’d ever be deportable. 

Thanks. Stay at home mom though so not in need of either .

A lot of people didn't think they would be deportable.  The wife of a ex-marine, etc.  

[Mrsjackson 300]

7 minutes ago, Jojo92122 said:

A lot of people didn't think they would be deportable.  The wife of a ex-marine, etc.  

Do you mean the wife of an ex-marine was deported because she overstayed a K1?

[Jojo92122 1,924]

13 minutes ago, Mrsjackson said:

Do you mean the wife of an ex-marine was deported because she overstayed a K1?

 

If you run into ICE, you think they would just let you go because you are married to a US citizen?  You don't think you would be detained?

 

If you think living in the US illegally is not risky, then it's your risk to take.

 

No one with experience here is going to tell you there are pros to going out of status and living in the US illegally.  

Best of luck.  

 

 

Edited August 15, 2018 by Jojo92122

[Mrsjackson 300]

1 minute ago, Jojo92122 said:

Not ex-wife, current wife.  The husband is a US citizen and former marine, so he's an ex-marine.  She's the wife of a US citizen.  

 

If you run into ICE, you think they would just let you go because you are married to a US citizen?  You don't think you would be detained?

 

If you think living in the US illegally is not risky, then it's your risk to take.

 

No one with experience here is going to tell you there are pros to going out of status and living in the US illegally.  

Best of luck.  

 

 

Hi so I googled and that woman entered the US illegally in the 90’s. She went on to marry a marine but that didn’t exempt her from breaking the law. She was not deported because she filed AOS late. I entered the US legally with my visa. 

[geowrian 22,338]

1 minute ago, Mrsjackson said:

Hi so I googled and that woman entered the US illegally in the 90’s. She went on to marry a marine but that didn’t exempt her from breaking the law. She was not deported because she filed AOS late. I entered the US legally with my visa. 

To be fair, the result is not having a legal status either way. The main item is you would be eligible for AOS so an IJ would be more likely to cancel removal hearings if you agreed to file for AOS. But it's not a cheap or enjoyable process to be detained or put in front of an IJ, so the sooner you can file, the better.

[Jojo92122 1,924]

1 minute ago, Mrsjackson said:

Hi so I googled and that woman entered the US illegally in the 90’s. She went on to marry a marine but that didn’t exempt her from breaking the law. She was not deported because she filed AOS late. I entered the US legally with my visa. 

Wouldn't you be breaking the law by overstaying your visa and living in the US illegally?  What exempts you from breaking the law?  How does entering legally protect you when you break the law?

 

Google "pros of filing AOS late" and see what you get.  

[Mrsjackson 300]

3 minutes ago, Jojo92122 said:

Wouldn't you be breaking the law by overstaying your visa and living in the US illegally?  What exempts you from breaking the law?  How does entering legally protect you when you break the law?

 

Google "pros of filing AOS late" and see what you get.  

Don’t get me wrong I see what you’re saying and agree with you but for the purpose of full disclosure I wanted to point out that there are differences between the 2 situations. Differences that are significant because while her out of status meant deportation mine may not. 

Edited August 15, 2018 by Mrsjackson

[Mrsjackson 300]

5 minutes ago, geowrian said:

To be fair, the result is not having a legal status either way. The main item is you would be eligible for AOS so an IJ would be more likely to cancel removal hearings if you agreed to file for AOS. But it's not a cheap or enjoyable process to be detained or put in front of an IJ, so the sooner you can file, the better.

Yes, that’s fair however as I said to the other user there are big differences between her situation and mine that are significant because while both may be undesirable, her reason for being out of status and illegal meant automatic deportation while mine may not. 

[Jojo92122 1,924]

There's no such thing as automatic deportation.  She went before an immigration judge.  

 

What prevents ICE from arresting you and taking you into immigration detention?  The ICE officer is going to listen to your reasons?  Or is he going to arrest you and let the immigration court sort it out?

 

You've been on VJ for year.  Have you ever seen anyone say there are pros to going out of status and filing AOS late?  You are the only one that thinks there is a pro to filing AOS late.  You are convinced you don't have a problem. 

Rock on sister.

 

Best of luck.  

[Mrsjackson 300]

10 minutes ago, Jojo92122 said:

There's no such thing as automatic deportation.  She went before an immigration judge.  

 

What prevents ICE from arresting you and taking you into immigration detention?  The ICE officer is going to listen to your reasons?  Or is he going to arrest you and let the immigration court sort it out?

 

You've been on VJ for year.  Have you ever seen anyone say there are pros to going out of status and filing AOS late?  You are the only one that thinks there is a pro to filing AOS late.  You are convinced you don't have a problem. 

Rock on sister.

 

Best of luck.  

Lol ok brother. I’m not convinced of anything I’m asking the question and pointing out the differences in our situations. I think if you’re going to reference another situation it’s important to lay out all the facts. Again, just for full disclosure. I do not feel like I am invincible or special or exempt from following the law quite the opposite. There are many cases of people filing their AOS late and not facing a single consequence. 

 

In in this case, the pro of filing AOS late would be the ability to show a greater income as I said in my original post. It’s simple. It may not be the right way to go but I’m just mulling it over with the other intelligent people in this community. I haven’t made the decision to do anything. 

[Diane and Chris 651]

2 hours ago, Mrsjackson said:

Hello, 

 

I am a K1 beneficiary. Entered the states in June with a september i 94 expiry date. Got married in June as well. I’ll try to make this as succinct as possible. My husband is self employed. So I now know that for “current annual income” for a self employed person you use the number on last year’s tax return. My husband is set to make a great deal more this year than he made last year. His business is fairly new and has been growing rapidly. So his 2017 tax return just barely made the 125% poverty threshold (we have a larger household size due to children from a previous relationship). His 2 tax returns before that will show under the threshold. 

 

In the current climate, I would really like to show USCIS that there will absolutely be no problem with financially supporting me especially since his prior years tax numbers are not ideal. So I’ll be out of status in September, and what I am wondering is if it might be a better idea to wait until January 2019 (the earliest we can file his 2018 taxes) to file my AOS. Thanks for any advice. 

The sooner you start, the sooner you get your EAD and then you can work and contribute to the household.