Will my AOS be denied ?

[Harpa Timsah 13,258]

I have long said that the man needs to have $10K in the bank on POE day, in order to do things right and not scrimp and scrape for pennies between the seat cushions to pay for his new immigrant wife's expenses.

Instead, wait an additional year to bring wifey here and save up more dollars until you have a comfortable cushion to do things proper.

-1

Why is it only men that "bring over" "wifey." Not everyone here is a man who looks for wives in foreign countries online, and plenty of women are the sponsor for their husband's immigration.

[VanessaTony 3,567]

If I had a nickle for every time I heard someone saying, " there is no requirement that you file for Adjustment of Status within a certain time frame", I would be rich indeed, so I have to call foul on this.

Because, if 5 years go by, and still no AOS filed, I can't imagine that this is OK, and any sane person barely familiar with immigration of a spouse to the US will have to agree. Go ahead, put it 10 years and no AOS. THis still isn't OK.

After one year, the immigrant's medical exam is no longer valid, and then the civil surgeon gets to make a monthly payment on his Lexus, courtesy of ya.

So realistically, there is a time frame: It is called common sense. The common sense time frame is: "As soon as you can file for AOS, then do it." Preferably within the 90 days of the K1 Visa period, in order to protect status.

I'm sorry to say, but if a couple did not plan ahead, and have the AOS fee in the bank and ready to go at the time of POE, then that couple did not think this process thru thoroughly,

I have long said that the man needs to have $10K in the bank on POE day, in order to do things right and not scrimp and scrape for pennies between the seat cushions to pay for his new immigrant wife's expenses.

Instead, wait an additional year to bring wifey here and save up more dollars until you have a comfortable cushion to do things proper.

Am I such a madman from another planet in my thinking here? Be sure to let me know!

OP, best wishes, and no offense to you as well. I just hope you follow Larry The Cable Guy's advice and......"Git R Done!"

I understand what you mean but the simple fact is, there is NO legal requirement to file AOS by a certain date. Is it better to do it ASAP? Hell yes, and there are reasons why you should file ASAP that you mentioned:

1. If it's been 12 months since the K1 medical you'll need a new one

2. You can't legally work

3. You can't return to the US if you leave (for whatever reason) without the GC or at least the AP document

4. In some states you can't get a drivers licence without an EAD or GC

There only "penalty" from USCIS because of waiting is it can make AOS harder for you because if you wait more than 2 years you'll need to file an I-130. One couple who did this recently mentioned that there were many more questions about proof of relationship because so much time had passed the IO decided that there should be more proof of co-mingling. They almost failed because of it. They weren't aware they would need to show much more proof.

Anyway the point is there IS no deadline for filing AOS and USCIS will not penalise you for waiting (unless you're caught while out-of-status that is), but it's most definitely better to do it asap for the reasons listed.

Edited January 11, 2011 by Vanessa&Tony

[SuperDuper! 230]

-1

Why is it only men that "bring over" "wifey." Not everyone here is a man who looks for wives in foreign countries online, and plenty of women are the sponsor for their husband's immigration.

Why split hairs here. Insert "hubby" instead of wifey. Geez, did you really feel that left out?

+1 for pickyness (and glad I don't have to live with it).

Edited January 11, 2011 by Boing!

[Alex&Brittany 1]

-1

Why is it only men that "bring over" "wifey." Not everyone here is a man who looks for wives in foreign countries online, and plenty of women are the sponsor for their husband's immigration.

Strange you mention this, as the OP, I am a male and my wife was my sponsor to come to the US, and... we did have plenty of money saved up for the poster who wwas talking about not planning, however, as my OP set out, there are personal reasons as to why we had financial difficulties, and it was not from bad planning... I don't want to list out the reasons, but they are more than valid.

as for everything else, yeah I thought the medical might run us a few hundred, but that's great news about not needing the police records again.

And thanks for letting me know its a civil surgeon that would have to complete the medical, I can get quotes now (and yes...indeed so they can make the monthly payment on their lexus lol)

[SuperDuper! 230]

I understand what you mean but the simple fact is, there is NO legal requirement to file AOS by a certain date. Is it better to do it ASAP? Hell yes, and there are reasons why you should file ASAP that you mentioned:

1. If it's been 12 months since the K1 medical you'll need a new one

2. You can't legally work

3. You can't return to the US if you leave (for whatever reason) without the GC or at least the AP document

4. In some states you can't get a drivers licence without an EAD or GC

There only "penalty" from USCIS because of waiting is it can make AOS harder for you because if you wait more than 2 years you'll need to file an I-130. One couple who did this recently mentioned that there were many more questions about proof of relationship because so much time had passed the IO decided that there should be more proof of co-mingling. They almost failed because of it. They weren't aware they would need to show much more proof.

Anyway the point is there IS no deadline for filing AOS and USCIS will not penalise you for waiting (unless you're caught while out-of-status that is), but it's most definitely better to do it asap for the reasons listed.

So you're preaching to the choir here, and did not address my examples of 5 and 10 years being ok NOT to adjust AOS? Heck, with no AOS deadline, a couple could wait 20 years to adjust, and that's ok, right?

[VanessaTony 3,567]

So you're preaching to the choir here, and did not address my examples of 5 and 10 years being ok NOT to adjust AOS? Heck, with no AOS deadline, a couple could wait 20 years to adjust, and that's ok, right?

Yes actually it's fine. USCIS does NOT penalise you for waiting. That is if you arrived on a K1 visa. The only requirement of a K1 visa is to get married within the 90 days to your K1 petitioner. The other requirement is that you can only AOS to your K1 petitioner. If you happen to wait 10 year or 20 or 50 and you divorce your K1 petitioner and marry another USC who then would want to AOS for you it wouldn't be possible.

The example I used of the couple that didn't realise they had to show more evidence actually waited a really long time, I think it was around 5 years, I know it was more than 2. Like I said USCIS didn't penalise them but they DID need to show enough evidence as though they were at an ROC interview which the couple wasn't expecting.

**Edit - Also as stated the immigrant can still get into trouble if they run into ICE (detained and basically told AOS or leave the country), they can't work, there are MANY reasons to AOS asap, and it's definitely better to do it asap, but there is no legal requirement to do so.

Edited January 11, 2011 by Vanessa&Tony

[Harpa Timsah 13,258]

Why split hairs here. Insert "hubby" instead of wifey. Geez, did you really feel that left out?

+1 for pickyness (and glad I don't have to live with it).

It's ingrained sexism, and I have commented about your sexist comments before. You say you have "long said the man should have" blah blah which shows that in your mind you picture men bringing over their wives and not the other way around. You assumed the OP was a man petitioning his wife, and you were wrong. Women are not a commodity.

Sure, men petition their wives a lot. Hey, probably half of the time!

Edit: I don't expect to change your mind and I fully expect you to reply and say "hey, I'm not sexist" blah blah. I won't respond further.

Edited January 11, 2011 by Harpa Timsah

[SuperDuper! 230]

Yes actually it's fine. USCIS does NOT penalise you for waiting. That is if you arrived on a K1 visa. The only requirement of a K1 visa is to get married within the 90 days to your K1 petitioner. The other requirement is that you can only AOS to your K1 petitioner. If you happen to wait 10 year or 20 or 50 and you divorce your K1 petitioner and marry another USC who then would want to AOS for you it wouldn't be possible.

The example I used of the couple that didn't realise they had to show more evidence actually waited a really long time, I think it was around 5 years, I know it was more than 2. Like I said USCIS didn't penalise them but they DID need to show enough evidence as though they were at an ROC interview which the couple wasn't expecting.

**Edit - Also as stated the immigrant can still get into trouble if they run into ICE (detained and basically told AOS or leave the country), they can't work, there are MANY reasons to AOS asap, and it's definitely better to do it asap, but there is no legal requirement to do so.

OK, V & T, I see that you are playing theoretical. Anything is possible there. I am talking about the real world.

So with your logic, no one would have to file an AOS for 50 years, and it would be ok.

Fine. But your answer just doesn't help anyone.

[SuperDuper! 230]

It's ingrained sexism, and I have commented about your sexist comments before. You say you have "long said the man should have" blah blah which shows that in your mind you picture men bringing over their wives and not the other way around. You assumed the OP was a man petitioning his wife, and you were wrong. Women are not a commodity.

Sure, men petition their wives a lot. Hey, probably half of the time!

Edit: I don't expect to change your mind and I fully expect you to reply and say "hey, I'm not sexist" blah blah. I won't respond further.

You bring to memory why I divorced my ex-wife. Thanks for adding to the conversation. Good luck.

[Boiler 43,620]

After 90 days you are out of status and deportable.

For most people that would be enough of a reason.

You can go from there as far as the practical issues of having no status. no DL would be the biggest for most.

[SisJ 13]

OK, V & T, I see that you are playing theoretical. Anything is possible there. I am talking about the real world.

So with your logic, no one would have to file an AOS for 50 years, and it would be ok.Fine. But your answer just doesn't help anyone.

I doubt that's the point she's trying to make....All she's saying is though it is ADVICEABLE to file ASAP, if for some reason you're unable to file for a while (hey may be 50 yrs...you never know what situation ppl are in), there'll be no penalty from USCIS. Like she mentioned, you MAY have to sumbit more proof than other's but there's no "penalty" for not filing within the 90 day period.

Edited January 11, 2011 by SisJ

[Canadiandggal 49]

OK, V & T, I see that you are playing theoretical. Anything is possible there. I am talking about the real world.

So with your logic, no one would have to file an AOS for 50 years, and it would be ok.

Fine. But your answer just doesn't help anyone.

You are obviously not reading her words... She didn't say it was "OK" , she said it was LEGAL.

If one waited 10-50 years to AOS , First of they are crazy and second of all I think it is wrong as everyone else had to adjust why not them? BUT they are not legally required to file the AOS in a certain time frame. It is there life and maybe one day someone will change the system but today that is how it is.

Not to mention that as said multiple times these people could be deported and will be lacking in funds and ID. That is there choice and they are taking that risk so It is up to them to decide when to file

Good Day... lol

[Aztec&Taino 144]

-1

Why is it only men that "bring over" "wifey." Not everyone here is a man who looks for wives in foreign countries online, and plenty of women are the sponsor for their husband's immigration.

to you for calling out the member's sexist comment. Of course, there are plenty of us, female petitioners, who bring their fiances/husbands over. It is not always a male petitioner... Also, there are plenty of us who did not meet our loved ones online, but in person.

The OP's post should be a cautionary tale for us all. It is of extreme importance to have a good amount of money saved up for the process. Rather than worrying about wedding expenses, wedding party, dress, flowers, etc. the first priority should be having enough money to pay for the immigration fees. Who cares if the couple only gets married in the courthouse wearing no special clothing and with no party afterwards? The priority should always be to cross the "Ts" and dot the "Is" of the immigration process. It is too dangerous to not follow procedure...

Best wishes to everyone!

[Kathryn41 3,205]

Please stop the bickering and nitpicking of words - private disagreements are better discussed by PM or in a separate off-topic forum than here de-railing someone's request for help

[baron555 934]

but given the timeframe its taken me to apply for my AOS, is that going to be an issue ? should I get myself an attorney ?

No and No ( how would you afford one anyway)