Questions about AOS from marriage after overstay

[mc33433 6]

My fiance and I have been together for about a year, known each other longer. I have become pretty familiar with the process and what forms we'll need when we do officially tie the knot (especially thanks to reading testomonies on this great site) but I have a few questions about our particular circumstance?

1. Will age difference cause significant skepticism? (I am fifteen years younger than he is)

2. Will his working cause a problem or be forgiven by our marriage? This one is trickier. He has been here for 20 years, having overstayed a 6mo tourist visa. He has owned and operated his own business for the last ten years successfully and has always paid full taxes on this. Is this an issue? Will the business be threatened by starting the AOS process?

Thanks for any information! I've seen some instances of people's issues when working illegally FOR someone, but not specifically when someone has been an owner of their own business.

[trillium13 84]

Damn. I thought my husband's overstay was long.

Your case is definitely more complicated than most. I wouldn't even know where to begin other than to recommend you consult with an immigration attorney. You don't have to have them do everything for you, but they can guide you. You've got some complications there.

Good luck!

[Brother Hesekiel 2,236]

1) No. If at all, you are too old for him (just kidding).

2) No. I was 13-1/2 years out of status and did exactly the same. Never became an issue at any time.

Make sure you file all 3 forms (check my timeline) concurrently.

[mc33433 6]

Definitely planning to file the forms concurrently. We're also already very prepared with evidence of relationship and cohabitation and I'm sufficient to sponsor him myself. We're constantly buildin more evidence and have hundreds of pictures from daily life to vacations we've taken.

Thanks for the responses.

To be honest at this point we weren't planning on using a lawyer... We have a couple close friends who went through the process successfully without one, and despite my questions about our "unique" situation, the overstay and the working are things that are typically forgiven. I'm not sure what more a lawyer could do since we have a thorough understanding of the forms and process. Is this risky?

My biggest concern is the effect, if any, on his business. We want to be 100% honest of course, especially since the business is the way we met each other. But that business is an integral part of our future and while of course being out of status he technically has no right to it, true, I wonder if there would be any negative implications.

[trillium13 84]

My biggest concern is the effect, if any, on his business. We want to be 100% honest of course, especially since the business is the way we met each other. But that business is an integral part of our future and while of course being out of status he technically has no right to it, true, I wonder if there would be any negative implications.

These are the kind of questions an attorney should be able to answer. Like I said, you don't have to have them do the whole process. You could just get a consultation. It certainly won't hurt you, since it is such a big part of your life and you want to get this right, I personally think you should ask an expert.

I doubt there are too many VJers who have been in the same situation you are.

[Krikit 1,164]

Moving from AOS From Family Visas to AOS From Other Visas.

[mc33433 6]

Thanks again for the responses. I've been scouring the boards for a similar situation but I haven't found it. I suppose a consultation would not hurt.

[Brother Hesekiel 2,236]

Although quite outspoken and competent in the English language, I personally used a lawyer for my AOS, as at the time I considered my case to be difficult and didn't want to take any chances when entering the chamber of torture. I also felt it comforting to have a lawyer present during the interview. I paid $1K for the whole shabang, from the beginning to the end.

Luckily, my case turned out to be easy, despite the long overstay, as I too was self-employed and had filed and paid income taxes every year and never got in trouble with the law.

I don't even remember if the lawyer said anything at the interview, but if he did, it was very little. The I.O. looked through the paperwork, asked a few questions, looked at my wife and me, and was mostly interested in the photo album with the wedding photos and the reception afterward. We actually brought 2 albums: the wedding one and the "normal" one.

After all was said and done, my personal impression is that an I.O. will look at the couple and try to determine if that's really a couple that married because they love each other. I think after a few years in the job one gains a certain sense for that. A photo album showing wedding photos and the big feast with friends and family afterward helped the most.

Viewed from the other side of the coin, if a couple looks very uneasy, has a big age difference (a 50 year-old, fat guy with a beer belling holding the hand of his skinny, 20 year-old Thai wife) and did a quicky marriage in Vegas with only Elvis and his aunt as witnesses, that might not help making a case for a good faith relationship.

My 2 cents, not more, not less.

[mc33433 6]

Your two cents are very helpful and reassuring. Thanks for responding. It's great to know that your case turned out to be easy. I personally don't think there is anything to question in our relationship, and we have lots of evidence as well, especially in pictures and testimony from friends and family. Really the only issue is his business and the risk that lies there. But considering taxes have been paid, there has been no misrepresentation, etc, then I would hope they would not penalize someone trying to do things the right way now. Thanks!