Late on AOS and sending it

[Luuisaace 1]

Hi everybody I am in a difficult situation with my visa process and am hoping for helpful and non judgemental answers. 

I am from Germany and my husband is US-Citizen. I'm 20 years old and my husband is 23. One year ago we started the K1-vida process and everything went well and I entered the US and we got married within the timeframe. Sadly we sent the payment for my aos too late as it was declined the first time, which lead to my aos application being denied. We got married July 2016 and until now we still have not filed another AOS form as we were struggling with bringing up the money for it and we've been going through some difficulties. Now I am at a point where I feel like going back to Germany would make more sense so I could finish my education and because a family member of mine is in critical condition. Now I am wondering if I traveled to Germany and basically abandoned my AOS, which wasn't even pending yet, would I ever be able to re enter and file for another visa/greencard? I think right now I am unlawfully staying here as I don't really have a status so I fear that a re entry or application to re enter would be a problem. Please give any information or advise that you have. Thank you in advance.

[LionessDeon 2,060]

When you say you sent the AOS payment too late what exactly do you mean?  There's no timetable to send in AOS. 

You are supposed to file asap as you are out of status until you do but they don't deny for that alone. 

Does this  "too late" have to do with the fee increases?

Edited August 31, 2017 by LionessDeon

[Hypnos 6,576]

You likely have an overstay bar that will be triggered upon your departure from the US. 

 

If you've been illegally present (the time between your I-94 expiring and today, excluding any days on which you had a pending I-485) for between 180 and 364 days then you have a three year bar. 

 

If you've been illegally present for at least 365 days then you have a ten year bar. 

 

You can obtain waivers for these, but it will add a good amount of time to your processing times if you ever want to come back to the US. 

 

Be sure that this is what you want to do, because you can still file for AoS now without the overstay being a factor. Once you set foot outside the US, your bar is in force. 

[LionessDeon 2,060]

Yes. That was going to be my next point. OP you're much better off coming up with the money and AOS filed asap.  Are there family or friends you could ask?

 

Those Filing a K1 should be prepared to finish the second part (AOS). It is a part of the K1 process. 

 

Edited August 31, 2017 by LionessDeon

[Luuisaace 1]

Thank you for your answers. Too late as in overstaying. I can admit that my husband and I have not handled things as reliable and responsible as we should have. Which is why I am asking for advice. Now if I want to see how long I've overstayed, I would have to go from the date that my I-94 expired, right ? 

[LionessDeon 2,060]

7 minutes ago, Luuisaace said:

Thank you for your answers. Too late as in overstaying. I can admit that my husband and I have not handled things as reliable and responsible as we should have. Which is why I am asking for advice. Now if I want to see how long I've overstayed, I would have to go from the date that my I-94 expired, right ? 

They truly denied your first I-485 stating it was too late?  Overstays are forgiven for AOS.  You said you sent the payment too late which led to the I-485 being denied. Did you send them in together??

You were married 7-2016. When did you file the I-485?

[Suss&Camm 2,213]

Hypnos explained. From i94 expiry until now minus any day that you had a pending aos application.

[Luuisaace 1]

The first time I sent the whole package plus payment but my check was declined. We were issued a certain date until which we shall send in the payment but we failed to do so. That lead to them sending us a letter of denial of our application and to file again which we have not done

[little immigrant 800]

I urge you to send a new AOS application with the correct payment BEFORE you leave this country. Unless you and your husband decide to live together in Germany... otherwise, how else will the two of you reunite after you leave?

[Roel 7,191]

If you leave before your AOS is complete (and you have a green card) you'll need a spouse visa to come back to the USA. The process will take about a year to be complete and of course you gotta pay again. Plus depending on how much illegal presence you got, you might have a 3 or 10 year ban. Which means you'll go through the spouse visa process it will be denied on the interview and then you'll have to file a waiver. There won't be other way for you to come back to the USA. 

 

But also. If you leave USA with a green cars in hand, you cannot stay abroad for too long or your residency will be revoked. If you want to leave for longer than a year, you'll need a re entry permit..  

Edited September 1, 2017 by Roel

[C-ma'am 684]

**Post moved to AOS from family visas, as question is related to that process

[Dutchster 1,106]

When did you send off your AOS package and what payment amount was the check? It seems it got rejected because of the wrong amount.

If you decide to leave the US, as other have said, you will trigger a temporary ban from entering the US. While there is no deadline for filling AOS for K-1 visa holders, it is advisable to send it in once you have the money for it. Plus, if you decide to leave after all, without a pending AOS and your I131 document, you won't be able to re-enter. 1) Possible ban 2) No advance parole. You'll have to start all over again with the CR-1 process (I-130).

[Cyberfx1024 7,978]

You probably just sent the wrong payment amount. So get the right payment amount and resend it. You will be fine once that happens and your overstay will be forgiven.

[DrEllaNJ 288]

file AOS as soon as possible, and include the i-131 and I-765. That way you'll have AP in about 4 months and you'll be able to travel then to see your loved one.

If you want to live in Germany long term, I think you should still make sure to get your green card now. If after that you decide to move to Germany, your GC may become invalid if you stay away for too long (unless you file re-entry permit), but that way you at least won't have a ban.