filing for aos..what do u think?

[luve1 0]

hi guys,

my sweetie will soon be here.she was approved. here is my problem. i do alot of relief work for fema. it looks like i will have to leave in may...i was planning on filing the aos after marriage but before 90 days is up. i dont know what to do now. i maybe gone almost 2 years ..i dont know exactly yet..ill be along way from home. what can i do/ i know there is no time limit on filing but would 2 years be pushing it ,if i had to wait? any info is appreciated

[Cassie 8]

yes, two years is past pushing it.

will your fiance be going with you wherever you are posted? can she not do the filing? after all it is her AOS.

[Jasman0717 9]

You better figure out something, two years is unacceptable

[sjoefl01 1]

2 years is not TDY/ 2 years is a move. I think most FEMA work happens in the states. You can file from anywhere in the country and your app will be processed at the local office for that place. If you have to move again there is a process to change your address through USCIS.

I am assuming that she will be traveling with you. If not then there is no need for you to get married. This would not be a job that would allow a marriage to survive.

[TracyTN 237]

I am assuming that she will be traveling with you. If not then there is no need for you to get married. This would not be a job that would allow a marriage to survive.

That's up to him and his wife, not any of us here.

Anywho, I would find a way to get the forms filled out and sent in. Just because you're traveling doesn't mean you can't download/fill out forms, mail in the forms/fees and such, does it?

[motu 6]

I would say that if you will be within US then you should go ahead and file AOS. If you will be in a place where she absolutely can not be with you - then maybe you can do a K3 later on (assuming she goes back to her country for now while you work in that strange area!) Also, what does she think about the next 2 years and your job - if she wants you to stick with it or abandon it and go for something more family oriented! Good Luck

[Autumnal 25]

2 years without filing is well outside the grace period, I would think. Unless you're in an area where there will be no postal service whatsoever, then you probably won't be able to get a waiver or whatnot. That's something that a lawyer would have to clarify for you, and I'd retain his services all the way through! O.o

Prepare as many of the forms as you can in advance. Several of them, like the biographic data and whatnot, can be done before you and your fiancee get married. Why not start compiling the information for this now so you'll have less of a delay? Likewise, the affidavit of support and such can be obtained in a similar manner.

I would endeavour to get all of the material you can together and if you will be in a location/situation where filing is not an option, then could you possibly get your wife-to-be to do it? Or family to help out with? If there's plenty of notice in advance, you could certainly work with a sibling, parent, cousin, etc. to explain what needs to be done and have them help out if it's reasonable.

Alternately, you could get a lawyer to make sure all the letters show up properly.

[luve1 0]

2 years without filing is well outside the grace period, I would think. Unless you're in an area where there will be no postal service whatsoever, then you probably won't be able to get a waiver or whatnot. That's something that a lawyer would have to clarify for you, and I'd retain his services all the way through! O.o

Prepare as many of the forms as you can in advance. Several of them, like the biographic data and whatnot, can be done before you and your fiancee get married. Why not start compiling the information for this now so you'll have less of a delay? Likewise, the affidavit of support and such can be obtained in a similar manner.

I would endeavour to get all of the material you can together and if you will be in a location/situation where filing is not an option, then could you possibly get your wife-to-be to do it? Or family to help out with? If there's plenty of notice in advance, you could certainly work with a sibling, parent, cousin, etc. to explain what needs to be done and have them help out if it's reasonable.

Alternately, you could get a lawyer to make sure all the letters show up properly.

thanks for all the advice.

to answer some of ur questions. i would love my sweetie to come with me , if she wants. i will not be in one place all the time.i have to go where they tell me. personally , i know its hard on a marraige if u never see each other but love is for good and the bad , not just when its easy. we have waited on each other for years. i have to provide for my family and this is how i do it.

as far as people that can help , i have that. my momand my wife are close , like adaughter to her. so i know she would help if needed. what bothering me is ..if i file and im not around to go to interview..what will happen? can i get my mom to gowith her to aos or what?

[j&js 0]

I know there isn't really a place on the application for it, but maybe you could add some kind of an extra letter to the original AOS application that explains your job situation and (as a couple) your plan to make the marriage work despite of it and include in there somewhere that due to this, being present at the interview might pose a problem. Certainly listen to others opinions on this one, maybe even ask a lawyer or immigration person, but I think being upfront about any potential problems is the best way to go. Who knows, maybe someone else will tell you that this will ruin your AOS, but its the best I could think of. Good Luck!

[hcj 0]

Your marriage and how you conduct it is your business (and your wife's of course). However, the AOS interview is a requirement and you must attend. If you guys have to postpone it until you are scheduled to be back in the US, then that's the way it would have to be. Just be aware that you don't call the shots, USCIS does. So while you can make a request for when to have the interview, there is absolutely no guarantee that you will get that date.

As for whether to file or not -- well, if she intends to stay in the US after your marriage, then yes, you must file. Otherwise she would have no legal basis on which to stay in the US.

If she will be traveling with you, then you can look at other options. Options are:

1. File I-130 for an immigrant visa. When I-130 is approved, it will be sent to the US consulate in her home country. She would then attend an interview there for an immigrant visa. Immigrant visa "converts" to a green card when she uses it to enter the US.

2. If DCF is available in her home country even if the USC spouse doesn't live there, that's a shorter route to an immigrant visa.

3. You can file I-129f (for K-3 visa this time) in addition to the I-130 in option #1, but I don't think that makes much sense in your case since she is not in a hurry to get to the US. Besides, in most cases the I-130 is getting approved at around the same time as the I-129f anyway, making I-129f/K-3 moot.

Note that once she receives an immigrant visa, she will have a limited amount of time to use it -- usually six months. Once she uses it to enter the US, that will start her Lawful Permanent Residency. Then you will need to deal with the question of how to keep her LPR while traveling with you abroad.