Need to file AOS within K1 90 day window?

[Alytes 31]

4 hours ago, Lucky Cat said:

We strongly advise you NOT to spend any non-refundable money on arrangements until after the visa is in hand and checked for error.  That includes wedding arrangements, travel booking, etc.

The good news is my "plan" is very loose and flexible, and I recognize nothing is certain until the visa is in hand. My plan is a very small backyard wedding with a friend performing the ceremony, and a few important friends and family attending. We will only be buying some food, drinks, and decorations. No non-refundable issues. If this process has taught me anything, it's don't make solid plans! Thank you!

[Letspaintcookies 2,310]

6 hours ago, Mike E said:

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

Huh? How's that? Nothing changes for her as long as you file for ROC at the right time.

[aaron2020 11,651]

7 hours ago, Mike E said:

I will play devils advocate for a moment because of course I believe one should file for AOS before 90 days after POE.  
 

There is one benefit: waiting a year will make it all but certain the green card will be issued two or more years after the marriage which means a future I-751 filing can be avoided.  Waiting two years guarantees it.  
 

With USCIS about to be overwhelmed with more than 100,000 refugees a year, I don’t think there will be any I-751 cases processed next year.  They weren’t a high priority before.  They will be the lowest of the low priority now.  

Horrible advice.

Being out of status for a year.  Not being able to legally work, travel internationally, get an SSN, file a joint tax return, etc. to save a few thousand dollars and ROC.  Penny wise and pound foolish.

 

Yeah, let me put my spouse in danger for a year to avoid some paperwork.  

[Lucky2Lucky 2,526]

7 hours ago, Mike E said:

Oh for sure my wife was getting depressed  with being unable to travel or apply for jobs or operate a business.  
 

But with COVID, travel is mostly off the table now and getting an SS card without sending in ones passport and combo card or green card to get lost by an ineffective agency is a non starter.  
 

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

Your poor wife should really be aware of her own immigration dealings. Why will it be life in hell to remove conditions?! It's another form to complete and evidence of your marriage. Can still work and travel. I don't see anything hellish about that? If you waited to file AOS you wife would be even more depressed by not being able to work and live in fear of getting picked up by ICE. 

[aaron2020 11,651]

ROC is not close to hell.  It's a simple process.

[Ryan H 3,812]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

[Loren Y 2,755]

8 hours ago, Lucky Cat said:

My suggestion is to contact our distinguished VJ member  @Loren Y .  He has very graciously offered to officiate wedding ceremonies for VJ members in Las Vegas.  He says you can be married and have a marriage certificate in hand in a matter of a few hours.  

Thank you for the recommendation again @Lucky Cat. As you have said, I can have you married with marriage certificate in hand in less than an hour. I have been busy the past few months helping many people from here on VJ get married and get their certificate in hand easily, quickly, and cheaply. Those are 3 words you will never hear used when it comes to immigration, but for marriage in Vegas, it is very accurate. I just married a nice couple from LA county this past Wednesday. She was from LA, and her now husband was a very nice gentleman from Australia who arrived on a K1 a few weeks ago. They flew in at 10am, met me at the license bureau around 10:30, we had a nice ceremony at a nearby park, and back to the bureau to record the wedding and get their certificates. We were all done by 11:30. They had a few hours to waste so they spent it walking around Fremont Street downtown and stopping for lunch at a restaurant. They were so happy to be able to sit down inside a restaurant and have lunch ( At limited capacity, but better than nothing). Then they flew back on a 3pm flight. Drive, fly, walk, however you get here, I can make it happen. Message me with any questions.

[Sarah&Facundo 595]

9 hours ago, Mike E said:

Oh for sure my wife was getting depressed  with being unable to travel or apply for jobs or operate a business.  
 

But with COVID, travel is mostly off the table now and getting an SS card without sending in ones passport and combo card or green card to get lost by an ineffective agency is a non starter.  
 

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

What? Nothing changes. My husband filed ROC a while ago and even while we are waiting for that process to finish, literally nothing changes.

[Cathi 5,748]

10 hours ago, Mike E said:

Oh for sure my wife was getting depressed  with being unable to travel or apply for jobs or operate a business.  
 

But with COVID, travel is mostly off the table now and getting an SS card without sending in ones passport and combo card or green card to get lost by an ineffective agency is a non starter.  
 

I haven’t broken the news to her yet that after her 2 year green card expires next year, it will be life in hell.  In am certain the God of Hindsight will tell us we should have waited to file AOS.  

ROC is NOT "life in Hell".

 

[SunflowerSweet 1,321]

11 hours ago, Mike E said:

I will play devils advocate for a moment because of course I believe one should file for AOS before 90 days after POE.  
 

There is one benefit: waiting a year will make it all but certain the green card will be issued two or more years after the marriage which means a future I-751 filing can be avoided.  Waiting two years guarantees it.  
 

With USCIS about to be overwhelmed with more than 100,000 refugees a year, I don’t think there will be any I-751 cases processed next year.  They weren’t a high priority before.  They will be the lowest of the low priority now.  

What in the world are you talking about? You realized we’ve taken in close to 100,000 refugees/year in the past, right? And we people were still able to have their immigration applications adjudicated.

 

Our K-1 was approved in 26 days in 2015 and AOS in 3 months in 2016. In both of those years the US admitted close to 100k refugees.

 

You have no idea what you are talking about.

 

 

[Scandi 4,166]

7 hours ago, aaron2020 said:

Horrible advice.

Being out of status for a year.  Not being able to legally work, travel internationally, get an SSN, file a joint tax return, etc. to save a few thousand dollars and ROC.  Penny wise and pound foolish.

 

Yeah, let me put my spouse in danger for a year to avoid some paperwork.  

To be fair, I don't think it was advice, just a possible explanation why someone would wait to file AOS. The one and only benefit.

 

You can get a SSN and file taxes just fine before/without filing for AOS if you come here on a K-1 under normal circumstances, not sure if the pandemic has changed any of that (I know most SSA offices aren't open for in-person services).

 

Other than that I totally agree. Zero reason to delay filing for AOS considering what's on the line. Just because one agency is fine with later filing (USCIS) doesn't mean that another agency is (ICE). You have no status = always a possibility to get deported.

Edited February 7, 2021 by Scandi

[Ryan H 3,812]

***Derailing posts removed; the point regarding the Removing Conditions process is not to be belabored any further in this thread; doing so will result in Administrative Action.***