Pros and cons of filing AOS a little late?

[bakphx1 789]

If barely meeting the poverty level is an issue, by the time it was questioned, if at all, it would be past January and you can supplement later without being out of status.  If it's not an issue because he meets the guideline, if barely, then it is moot.  I see zero benefit in waiting. 

[debbiedoo 2,339]

10 hours ago, Jojo92122 said:

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

who had been deported came back, been deported again and overstayed?

[debbiedoo 2,339]

9 hours ago, Mrsjackson said:

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. 

they are primarily concerned about current income, not past.

 

get a co sponsor as a back up if it makes you feel better 

[Dashinka 24,740]

7 hours 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.  

That is a great point, but I often wonder why anyone would inject the risk of being detained and put in front of an immigration judge?  Sure, the judge is going to simply say file the 485 and most likely set a time limit, but why risk that potential and any stress and expenses a visit to an immigration court may cause.

 

To the OP, in my opinion, if you and your spouse meet the income requirements, I would file as I don't think there will be any more or less weight put on having more money.  Waiting in my opinion only has one pro and that is the potential to avoid the ROC step, but the risks are there.

 

Good Luck!

[Dashinka 24,740]

6 hours ago, Mrsjackson said:

And they would consider the new financial information? I thought the I 864 was what was legally binding and therefore the basis of their decision? 

Absolutely.  When we went through the AOS, we were interviewed in March 2015, I had filed taxes a month earlier, so I added the new tax documents along with an updated I864 to the package at the interview.

 

 

[Crazy Cat 42,118]

I have not seen a case of anyone being deported for failing to file AOS......yet.  However, have I seen cases here of ICE coming to homes of people who were late filing AOS to warn them? Yes....at least 2 times within the past year.

[AshMarty 360]

7 hours ago, Mrsjackson said:

Is this what everyone does or is this just an option? Because if I can just bring an updated 864 to the interview then I’ll file tomorrow.. 

We make well over the poverty line and we brought updates tax information and employment letters, which they asked for at the interview. 

 

 

We filed in July 2017 of last year and didn’t have an interview date until March 2018. Each office is different but many aren’t moving much faster than my local office.

 

Also if you wait longer than a year since your K1 medical was completed to file for AOS, it will expire. According to policy which means you have to spend money on a new one. 

Edited August 16, 2018 by AshMarty

[Jojo92122 1,924]

7 hours 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.  

Once again, there are no pros to filing AOS late.  

 

What prevents ICE from arresting her?  Telling them that she has a US spouse is going to stop them from arresting her?  

 

Hasn't VJ members reported that ICE has shown up at their homes because they were out of status after entering on K1 visas?  

 

Be cavalier.  Not everyone goes undetected.   

[ttram312 10]

I was in the same situation as you when filing for AOS, except that my husband had negative income the previous year (first year of business so he wrote off a lot of expenses).  I filed AOS without I-864 (yes, very wrong on my part and will definitely get denied now if I've ever done it again), waited for RFE and filed with a current tax year with an explanation letter on why we were in negative income the previous year. I also enrolled in school to maintain a valid F-1. At the interview, they went through our financial documents (both of us work), asked how to read my husband's financial income and approved us. 

 

If you're over 125% threshold, go for it and supplement with new documents during interview. 

[Jojo92122 1,924]

 

https://www.visalawyerblog.com/beginning-september-11-2018-uscis-has-the-authority-to-deny-petitions-without-first-issuing-rfe-or-noid/

[ddtenor2 80]

8 hours ago, WandY said:

Your attitude is exactly why a lot of Americans don't like foreigners - legal or not. If you can't go by the rules, head north. Waiting on some taxable income figures to bolster your case is meaningless to your situation. One good year doesn't make much of a pattern. And your numbers can (and might) go down. I've owned businesses - nothing is certain. My advice: Get a better attitude.

 

 

I see nothing wrong with the OP's attitude.  She (assuming not a same sex couple) asked a reasonable question that any logical person might ask.  I did not interpret her question as trying to do anything other than gather information in order to make an informed decision.

 

OP, I would recommend (as others have) that you file AOS now and bring your updated information to your interview.  There is a  small risk that, with the new policy, your application would be denied, but since you are at the 125% level, I can't see USCIS denying your application without issuing an RFE asking you for a sponsor.  That policy change was intended to eliminate those who file "placeholder" applications with very little evidence up front--typically businesses filing for immigrant employees.

 

Good luck!!

[NikLR 13,232]

9 hours ago, 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? 

No it's not. You must check the residency laws in your state.  

[NikLR 13,232]

1 hour ago, Jojo92122 said:

Once again, there are no pros to filing AOS late.  

 

What prevents ICE from arresting her?  Telling them that she has a US spouse is going to stop them from arresting her?  

 

Hasn't VJ members reported that ICE has shown up at their homes because they were out of status after entering on K1 visas?  

 

Be cavalier.  Not everyone goes undetected.   

Not that I've seen please point out these threads where K1 entrants have had ICE arresting them?

2 hours ago, missileman said:

I have not seen a case of anyone being deported for failing to file AOS......yet.  However, have I seen cases here of ICE coming to homes of people who were late filing AOS to warn them? Yes....at least 2 times within the past year.

Warn them? Yes I have heard and seen that happen. 

[NikLR 13,232]

9 hours ago, Mrsjackson said:

Awesome, thank you! Well in that case there is no benefit to me waiting to file if I can just bring an updated affidavit during the interview. Had no idea that was a possibility I thought it was a one and done. Changes everything. 

Glad that ontarkie was able to clear that issue up! Let us know if you have any problems with paperwork etc.  

[AshMarty 360]

9 hours ago, 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? 

https://www.dmv.org/ca-california/new-to-california.php#Drivers-License-and-ID-Cards-in-CA

Per California Law: (from website above) - you have 10 days to obtain a new license in CA - see below: 

"Driver's License and ID Cards in CA

While you can drive in California with an out-of-state driver's license if you're just visiting, once you establish residency in the state, you'll need to apply for a California driver's license.

Adult Driver's License

New California residents must obtain a California driver's license within 10 days of moving to the state. If you're 18 years old or older, be sure to visit our Applying for a New License (Driver's 18+) in California page for a detailed explanation of the process." 

 

 

.. I will tell you about our personal experience in Maryland (which was 60 days to get a license for my husband per residency requirements in this state). On day 62 another driver ran a stop sign and totaled my car while my husband was driving and I was in the car. He had never been in a accident before (lived in the US for 6 years prior). We had received his Maryland license 4 days before this accident and I put him on my car insurance at that time. IF we had not, this accident could have held up our immigration case, because technically he would NOT have been driving on a valid license. We learned about residency requirements last minute and scrambled to make it right and we were very relieved we did everything correctly.  

Edited August 16, 2018 by AshMarty