k1 but didnt file aos

[justsoconfused 0]

4 years ago i entered America on a k1 visa we were married few days later,got my ssn no problems,my wife was out of work so we never had the money to pay for aos,we thought we were ok long as i didnt try and leave America and come back in ,now someone had said im out of status and even if we file the aos i will be deported...... justsoconfused any help would be great thanks

[Otto 83]

now someone had said im out of status and even if we file the aos i will be deported...... justsoconfused any help would be great thanks

I don't know who this 'someone' is/was but they aren't necessarily correct. Do you plan to file for AOS soon?

[TracyTN 237]

You are woefully out of status - by this point, you should have had not only a conditional (2 year) green card, but you should have applied to remove conditions on that 2 year card and through that process, you would have received your 10 year green card. You did do one right thing - you didn't leave the US during this period.

Echoing Otto und Karin's question - are you planning to apply soon then?

[justsoconfused 0]

You are woefully out of status - by this point, you should have had not only a conditional (2 year) green card, but you should have applied to remove conditions on that 2 year card and through that process, you would have received your 10 year green card. You did do one right thing - you didn't leave the US during this period.

Echoing Otto und Karin's question - are you planning to apply soon then?

Yes my wife now has a good paying job and we plan on filing soon as we get the fees togeather,the only reason we did not yet was due to money

[Otto 83]

Yes my wife now has a good paying job and we plan on filing soon as we get the fees togeather,the only reason we did not yet was due to money

So the sooner you file the better - there is no reason to believe you would not be successful with adjusting status.

[TracyTN 237]

You're going to have to - at the very least - be prepared to tell them why you didn't file sooner - you can almost guarantee you'll be interviewed when the time comes. I wouldn't put this off a day longer if you can help it.

[mrs. wife! 3]

by this point, you should have had not only a conditional (2 year) green card, but you should have applied to remove conditions on that 2 year card and through that process, you would have received your 10 year green card.

Could also be able to apply for citizenship.

Anyway, as others said, you can file now. No deportations or anything. Just be ready to tell them why you took so long to adjust status =)

[NCWife 0]

Just file as soon as you can. I didn't wait as long as you did but I filed like one year late. Got my approval but living without proper documentation was terrible!!

All the best!

Cheers.

[TBoneTX 45,580]

And, until you file, don't dare venture anywhere near our border with Mexico (such as within a 100-mile radius). Considering the humorlessness of CBP, you (and everyone else like you) will be toast.

Comment to the general air: It continues to amaze me how many people, regardless of financial state, do not put the amount for the AOS fee in a separate, untouchable account that is considered sacrosanct.

Edited February 9, 2010 by TBoneTX

[sachinky 465]

Agree with Tbone. If you're going for the K-1, PLEASE don't forget that you need to plan for the AOS as well. If you're short on money, then maybe CR-1 is the better option for you. Cheaper and can work straight away.

[baron555 934]

4 years ago i entered America on a k1 visa we were married few days later,got my ssn no problems,my wife was out of work so we never had the money to pay for aos,we thought we were ok long as i didnt try and leave America and come back in ,now someone had said im out of status and even if we file the aos i will be deported...... justsoconfused any help would be great thanks

You can and should file ASAP and include your sobbing heartfelt letter about how you blew this whole thing by not ensuring you had the money before you came to the US for the AOS filing. Then hope and pray you have a solid marriage and are approved at the AOS interview. If not, then you will have 4 years of overstay which will incur a 10 year ban and yiou may be deported. Then again yoiu may be approved. You've lost any advantage by waiting so long and now you are at their total mercy.

[tenika 0]

I understand totally baron. Things do happen despite anyones understanding. My husband overstayed 3 years, I had lost my job right after marriage, had no family near me, and on top of all that had gotten wrong information from someone at USCIS. I could not find a job and the lady at USCIS told me that I had to have 3 years of self employment tax return in order to be approved. MUCH later I found out she was incorrect, after visiting the local office to find out my husband status and what I could do. He told us that my husband was out of status, but that this was the one exception to the 1-485. If you are on a k1 visa, as long as you marry within 90 days and can prove it, you are not consider here illegally just out of status which is totally different. I would no way encourage someone to wait that long though, if you have the means please file right away. Being out of status is terrible, you cannot get a job and you cannot leave the country. File right away, make the money, Skip the rent for a month if you have too, You will fill so much better when the paper work is off. I know I did, like a boulder off my shoulder.

I am sure at the interview, I have to answer questions about why it took so long and a couple more test question to see how stong my marriage is, but after 2 kids together and a strong love, I know we will pass the test.

[Spoom 8]

I would hire an extremely competent immigration attorney, if you can afford one. You're going to need it. Likely as soon as USCIS finds out where you are, they're going to come after you with removal proceedings.

I really have no idea how you can convince them to adjust your status at this point without first leaving the country, and then you're going to have to apply for a waiver for your (extreme) overstay, just to get back into the country.

[JERIII 8]

I would hire an extremely competent immigration attorney, if you can afford one. You're going to need it. Likely as soon as USCIS finds out where you are, they're going to come after you with removal proceedings.

I really have no idea how you can convince them to adjust your status at this point without first leaving the country, and then you're going to have to apply for a waiver for your (extreme) overstay, just to get back into the country.

Don't be so alarmist.

You don't need a lawyerl, but get one if it makes you feel better.

People adjust from overstays all the time. There are people on VJ who overstayed much longer than this one and adjusted successfully. The law on adjustment of status actually says that you can't adjust from an overstay UNLESS you are an immediate relative of a US Citizen.

When we adjusted, our interviewer told us that she rarely sees an application from someone who is IN status.

Don't take the AOS lightly, and do it as soon as possible, but you should be fine. And DONT leave the country before you have the green card.

[john_and_marlene 162]

I would hire an extremely competent immigration attorney, if you can afford one. You're going to need it. Likely as soon as USCIS finds out where you are, they're going to come after you with removal proceedings.

I really have no idea how you can convince them to adjust your status at this point without first leaving the country, and then you're going to have to apply for a waiver for your (extreme) overstay, just to get back into the country.

Absolutely bad advice!!!!! This post displays an incredible lack of understanding of the requirements. Poster credibility is diminished.