Pros and cons of filing AOS a little late?

[Diane and Chris 651]

Oops!  Did not realize you are a stay at home mom. 

Edited August 16, 2018 by Diane and Chris

[Moslund 94]

Pros - if you file 2 years after marriage you skip the ROC step and get the 10yr GC instead. Longer time to solidify your case if you dont have much from the get go. I filed for AOS a few years after my K1 expired. It never impacted my AOS approval... they never even questioned why I took so long to file my AOS

 

Cons - your out of status. Cant work or leave the country

 

Feel free to PM me

Edited August 16, 2018 by Moslund

[geowrian 22,338]

12 minutes ago, Moslund said:

if you file 2 years after marriage you skip the ROC step and get the 10yr GC instead.

It's based on the approval date of AOS, not when you file for AOS.

[mushroomspore 3,044]

3 hours 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. 

You absolutely are and will be at risk of deportation the moment you are out of legal status. That is true even for those who enter legally. Legal entry does not protect you. You must MAINTAIN your legal status the entire time. I used to have F1 student visa and trust me, our DSO shared a number of horror stories from over the years of students who stayed past their F1 expiration date and got into major hot water. Just because you enter legally doesn't mean a damn thing if your visa and status expire.

 

And in the scenario that you come into contact with ICE, they are also not going to give a damn if you file AoS immediately. They will not say, "Oh really??? Wow our mistake, we didn't realize you wanted to adjust because of your income changes. Okay we'll back off until your AoS is adjudicated." They might act on the deportation order long before AoS can even be adjudicated. The process needs to be timed correctly. 

 

Wealth does not give anyone an advantage in how their case is adjudicated or how fast it is adjudicated. They don't deem wealthier couples more deserving of immigration benefits over poor couples. You either qualify due to the poverty guidelines or you don't. If you don't on your own income, you can get a joint sponsor and that allows you to qualify. That's it.

Edited August 16, 2018 by mushroomspore

[Mrsjackson 300]

27 minutes ago, mushroomspore said:

You absolutely are and will be at risk of deportation the moment you are out of legal status. That is true even for those who enter legally. Legal entry does not protect you. You must MAINTAIN your legal status the entire time. I used to have F1 student visa and trust me, our DSO shared a number of horror stories from over the years of students who stayed past their F1 expiration date and got into major hot water. Just because you enter legally doesn't mean a damn thing if your visa and status expire.

 

And in the scenario that you come into contact with ICE, they are also not going to give a damn if you file AoS immediately. They will not say, "Oh really??? Wow our mistake, we didn't realize you wanted to adjust because of your income changes. Okay we'll back off until your AoS is adjudicated." They might act on the deportation order long before AoS can even be adjudicated. The process needs to be timed correctly. 

 

Wealth does not give anyone an advantage in how their case is adjudicated or how fast it is adjudicated. They don't deem wealthier couples more deserving of immigration benefits over poor couples. You either qualify due to the poverty guidelines or you don't. If you don't on your own income, you can get a joint sponsor and that allows you to qualify. That's it.

Sorry I don’t know how any of this applies to the topic at hand. 

 

1) aware of being out of status as a problem. Weighing up the pros and cons because of how important the income level is as well especially with the current administration. Not under the impression that letting my K1 expire is ideal at all. 

 

2) Extremely low chance of me ever coming into contact with ice as a rural suburban housewife who only leaves the house to go to the grocery store. If the chances of this were greater I would not even consider any of this. The gravity of the situation is not lost on me. 

 

3) Never said anything about being wealthy or thinking this would be of any advantage if I found myself in hot water. Not even sure where this came from. 

 

 

[TNJ17 1,329]

Why would you wait? There is absolutely no pro in waiting. You will be out of status and it doesn’t matter who you are, if ice catches you, you’ll be in trouble before you can say married to USC. There will be more paperwork and if they deport you, more wait and more money because you will then have to file a CR1. If you file for AOS now, you’re not likely to get your interview before January, then just bring new tax returns then. 

[NikLR 13,232]

Have we ever heard of a K1 Visa holder still married to their petitioner who was deported for being out of status? No.  They were told to AOS. In fact I have read threads of that exact thing happening. 

 

Now that said, you are deportable and you know it.  Comparing you to a woman who entered illegally twice and was already once deported and had a standing deportation order against her is apples and oranges.  Sure they are both fruit but the similarity ends there. 

 

Now you should AOS as soon as possible. Even as a SAHM you likely will need a driver's license? In many states you can't do that without at least EAD.  

[Mrsjackson 300]

8 minutes ago, NikLR said:

Have we ever heard of a K1 Visa holder still married to their petitioner who was deported for being out of status? No.  They were told to AOS. In fact I have read threads of that exact thing happening. 

 

Now that said, you are deportable and you know it.  Comparing you to a woman who entered illegally twice and was already once deported and had a standing deportation order against her is apples and oranges.  Sure they are both fruit but the similarity ends there. 

 

Now you should AOS as soon as possible. Even as a SAHM you likely will need a driver's license? In many states you can't do that without at least EAD.  

Thank you!!! 

 

You raise a good point about the driver’s license but I have my Canadian one which is not set to expire for a while. I am under the impression that just having my Canadian one is okay for now? 

[Roel 7,193]

Also imagine there will be some emergency back in your country and you'll need your travel permit. 

 

Driving license is also pretty important unless you legally plan on staying at home 24/h. 😛

 

Also let's not take the deportation thing to the extreme... waiting to file Aos is mostly incontinence to yourself at the most. 

[Moslund 94]

Just now, Mrsjackson said:

Thank you!!! 

 

You raise a good point about the driver’s license but I have my Canadian one which is not set to expire for a while. I am under the impression that just having my Canadian one is okay for now? 

Depends on the state. Here In VA you can drive your license for 1 year.

[geowrian 22,338]

1 minute ago, Mrsjackson said:

I am under the impression that just having my Canadian one is okay for now? 

Depends on the state and what determines residency (legal or not) there.

[Ontarkie 14,493]

The rules are clear, make 125% to qualify on you own or not.  The current administration has nothing to do with this. If you are worried about this then you need to AOS now not later.

 

Also no your Canadian DL is not good. You are no longer visiting so you need a State DL. California also does not recognize foreign DL. 

 

Edited August 16, 2018 by Ontarkie

[Mrsjackson 300]

6 minutes ago, Ontarkie said:

The rules are clear, make 125% to qualify on you own or not.  The current administration has nothing to do with this. If you are worried about this then you need to AOS now not later.

 

Also no your Canadian DL is not good. You are no longer visiting so you need a State DL.

 

Good point. I’m not here as a visitor anymore so it makes sense the driver’s license situation would be different from when I was visiting. 

 

I have legitimate concerns about the current administration and proposed changes which I won’t get into because threads on that have already been made. If what you’re saying is that him making 125% is good enough and I’m being too extreme then I accept that. 

Edited August 16, 2018 by Mrsjackson

[mushroomspore 3,044]

1 minute ago, Mrsjackson said:

If what you’re saying is that him making 125% is good enough and I’m being too extreme then I accept that. 

This too was my point.

[Ontarkie 14,493]

You also need to remember by the time they get around to calling you for an interview your husband could already be done with taxes.