Waiting for two years to file AOS

[robhankins 0]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

[pushbrk 13,498]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

For a K1, the cons are no authorization to work, or leave and re-enter the US and that if the marriage doesn't work out, they have to leave the US, at a minimum. At maximum, the foreign spouse can be subject to a lifetime ban from entering the USA. This works for K3 but is not a good idea for K1.

[Kez/JWolf 6]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

You will be out of Status and have no way of proving you are here in the US legally, you will not have an EAD so you will not be able to work. You will not be able to get a State ID Card, you will not be able to leave the USA and return without having to start the visa process again from the begining. You may well be questioned by USCIS as to why you waited 2 years to file for AOS.

If your only reason to do this is so you can get a 10 year greencard then you are taking a very big risk.

[ntinda 0]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

With all the risks associated with it, I see you have almost been married two years without filing for AOS. Go ahead and file, it should be fine. I saw a case here once of someone who had waited a year. Just make sure you have sufficient evidence for your interview since you have been married two years. I think you can go ahead and file now since you will most likely not have an interview until after your 2 year anniversary. Good luck

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

With all the risks associated with it, I see you have almost been married two years without filing for AOS. Go ahead and file, it should be fine. I saw a case here once of someone who had waited a year. Just make sure you have sufficient evidence for your interview since you have been married two years. I think you can go ahead and file now since you will most likely not have an interview until after your 2 year anniversary. Good luck

I forgot to say, YES you will recieve the 10 year green card

[unstrung 0]

I dont get it, what's the advantage here?

It seems to be the same thing to me, you still have to wait 2 years to get the 10 year card.. why not get the 2 year card in between instead of just nothing?

[Dakine 26]

I dont get it, what's the advantage here?

It seems to be the same thing to me, you still have to wait 2 years to get the 10 year card.. why not get the 2 year card in between instead of just nothing?

Saves having to file a I-751 to remove conditions costing $545 plus maybe having another interview.

Negative thing is if the petition goes bellyup before bene gets their GC they will stand a GOOD chance of being deported!

[pushbrk 13,498]

I dont get it, what's the advantage here?

It seems to be the same thing to me, you still have to wait 2 years to get the 10 year card.. why not get the 2 year card in between instead of just nothing?

Saves having to file a I-751 to remove conditions costing $545 plus maybe having another interview.

Negative thing is if the petition goes bellyup before bene gets their GC they will stand a GOOD chance of being deported!

Divorce or death before AOS is complete, means the K1 holder leaves the USA, with no exceptions I've heard of for death and only in cases of abuse for divorce.

[lynn&al 1]

We didnt file for AOS until dec '08. hubby entered on a K1 visa in 2006 and we were married on 8/20/06 so we waited a bit over 2 yrs. so true about the cons of not having work authorization (like anyone can find work with this economy ) and no he cant leave the us (but why would he want to im here ) his family has come to visit us at least twice a yr. We made the decision to wait because 1 I heard it was not that uncommon and 2 we didnt have the extra money for more fees and then still have to file for a 10 yr card again anyway. I was also out of work for awhile and needed to wait for a new job since we did not want to use a co-sponser.

just wanted to let you know your not the only one that waited and I've heard of others as well. so good luck to you and wishing you speedy processing

[totes 0]

I've read many posts where people have mentioned "out of status". Please pardon my ignorance but... I don't get that. How can you be out of status? I haven't ready anything from USCIS that says there's a time limit to file AOS. We just filed, hubby got here Sept 20, got married Dec 6 and just filed. I'm not and haven't been worried about it as everything I've read indicates that he is a temporary citizen based on our marriage. Of course he can't work until we get the EAD which sucks. I'm just curious about the "out of status" thing.. where does that come from? Is there documentation somewhere?

Thanks!

[desert_fox 32]

there is no advantage....just the leverage that you would have if things went south.

no travel out of USA, no drivers license, no working.....no life.

[melusine 5]

Check Valsu's post...

Apparently his non AOS adjusted wife got incarcerated because she got caught with no proofs of her status... And now they have lawyers etc to deal with..

I would strongly suggest to fill up for AOS (and forget about saving 500$)

[pushbrk 13,498]

I've read many posts where people have mentioned "out of status". Please pardon my ignorance but... I don't get that. How can you be out of status? I haven't ready anything from USCIS that says there's a time limit to file AOS. We just filed, hubby got here Sept 20, got married Dec 6 and just filed. I'm not and haven't been worried about it as everything I've read indicates that he is a temporary citizen based on our marriage. Of course he can't work until we get the EAD which sucks. I'm just curious about the "out of status" thing.. where does that come from? Is there documentation somewhere?

Thanks!

First you need to understand status. The alien always has some kind of "status". Out of status is one of them. For K1 the holder enters with "K1 status" good for 90 days, during which time they must marry the US Citizen petitioner or leave. If they don't marry and don't leave, their status is they have illegally overstayed their visa. If they marry and file to adjust status before the 90 days is exhausted they move from K1 status to "pending adjustment of status" by having filed to adjust status. If they marry and don't file to adjust status, their K1 status ends and they are not "pending AOS" because they haven't filed. On day 91 they are out of status. As long as they stay married to the petitioner and stay in the USA, there is usually no consequence at all for being "out of status" for pretty much any time period between the expiration of the I-94 and their AOS filing.

Where "out of status" bites is when the marriage ends while the alien is "out of status" because the out of status time becomes "overstay" time. Overstays can result in up to a lifetime ban from entering the USA, depending on how long they overstay their I-94.

So, the worst case in the OP's situation is that the out of status exceeds a year, AOS is never filed, and the couple divorces. The alien they faces the possibility of a lifetime ban. If they stay together and file and complete AOS, there is no penalty for the period of "out of status", status.

[enno4eva 0]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

I thought a little about how to respond to your questions. So, I'll say this. I didn't know you had to file for an immigrating spouse. I thought it was automatic when an American citizen is married. You DO know and you're waiting? For what? Let me begin by saying that when your wife files for AOS, it is her application. Not yours. Your responsibility is for the Visa based on the I130. After that, it is on her. That said, if you haven't done the I130, then you're denying your treasured bride the choice of remaining a Permanent Resident or becoming a citizen. Moreover, she can at any moment be incarcerated by ICE. Yes, at any moment. Remember, she is not a citizen and will not be privy to a public defender; after that she can and will be transeferred around the country and there IS NOTHING YOU CAN DO ABOUT IT. Have you thought about the fact that she may become or is already homesick? She can't leave being out of status and she's subject to an unnecessary ban. That's a whole different can of worms you can avoid by simply getting the process done. Go hang out at the immigration court hearings; watch how the ICE agents treat immigrants; see how familys are torn apart...then, maybe you'll see that waiting with the knowledge you have is not fair to the gift you have as a spouse.

[pushbrk 13,498]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

I thought a little about how to respond to your questions. So, I'll say this. I didn't know you had to file for an immigrating spouse. I thought it was automatic when an American citizen is married. You DO know and you're waiting? For what? Let me begin by saying that when your wife files for AOS, it is her application. Not yours. Your responsibility is for the Visa based on the I130. After that, it is on her. That said, if you haven't done the I130, then you're denying your treasured bride the choice of remaining a Permanent Resident or becoming a citizen. Moreover, she can at any moment be incarcerated by ICE. Yes, at any moment. Remember, she is not a citizen and will not be privy to a public defender; after that she can and will be transeferred around the country and there IS NOTHING YOU CAN DO ABOUT IT. Have you thought about the fact that she may become or is already homesick? She can't leave being out of status and she's subject to an unnecessary ban. That's a whole different can of worms you can avoid by simply getting the process done. Go hang out at the immigration court hearings; watch how the ICE agents treat immigrants; see how familys are torn apart...then, maybe you'll see that waiting with the knowledge you have is not fair to the gift you have as a spouse.

K1 visa holders adjust status without any I-130, provided they marry within 90 days of US entry.

[enno4eva 0]

If we file after two years of well documented marriage, is it possible to get a 10 year GC rather than a 2 year card? What are the pros and cons of doing this?

I thought a little about how to respond to your questions. So, I'll say this. I didn't know you had to file for an immigrating spouse. I thought it was automatic when an American citizen is married. You DO know and you're waiting? For what? Let me begin by saying that when your wife files for AOS, it is her application. Not yours. Your responsibility is for the Visa based on the I130. After that, it is on her. That said, if you haven't done the I130, then you're denying your treasured bride the choice of remaining a Permanent Resident or becoming a citizen. Moreover, she can at any moment be incarcerated by ICE. Yes, at any moment. Remember, she is not a citizen and will not be privy to a public defender; after that she can and will be transeferred around the country and there IS NOTHING YOU CAN DO ABOUT IT. Have you thought about the fact that she may become or is already homesick? She can't leave being out of status and she's subject to an unnecessary ban. That's a whole different can of worms you can avoid by simply getting the process done. Go hang out at the immigration court hearings; watch how the ICE agents treat immigrants; see how familys are torn apart...then, maybe you'll see that waiting with the knowledge you have is not fair to the gift you have as a spouse.

K1 visa holders adjust status without any I-130, provided they marry within 90 days of US entry.

Thanks! I should've read the timeline about the K-1. This further makes me wonder why break the law on purpose? Noone snuck over. Adjust.