Starting the AOS

[ghunt2121 1]

Brief History:

1. K1/K2 Petition filed on Sep 7, 2010

2. My Fianceé and two children arrived on July 10, 2011

3. I lost by job (Layoff/RIF) on July 29, 2011 ( I'm an IT manager and was making over $100,000/yr., but had very little in cash reserves or credit)

4. We were married (civil wedding) on Oct 10, 2011, within the 90 day limit.

5. Because I didn't have a job, I deferred filing for AOS due to the obvious problem that would cause with the USCIS accepting my application without income; and I have no viable means of obtaining a co-sponsor.

6. After 3-1/2 months, I have finally secured a new job (3 month temp-to perm, on 1099, starting on November 28, with a rate that is over $150,000/yr.). As soon as I actually start the job I intend to file the AOS paperwork.

Here's the question:

Is it possible to file for my wife and the older child (age 19) and defer filing for the younger child (age 15) until a later time (as a)he is in high school and the lack of a work permit and green card is not an issue for him and b) we still have a cashflow problem until I actually start getting paid in February 2012)?

[together4evr 360]

I am sorry for your hardships. I hope things get better soon.

I do not know the answer to your question but I have a question. When I count your 90 days, I count that you took 92 days to marry. Does that matter if you are 2 days over? I do not know anything about fiance visa so I am curious if being 2 days over will matter when you file AOS? It does not sound significant but I figure maybe others have the same situation or question also.

Good luck

[ghunt2121 1]

I am sorry for your hardships. I hope things get better soon.

I do not know the answer to your question but I have a question. When I count your 90 days, I count that you took 92 days to marry. Does that matter if you are 2 days over? I do not know anything about fiance visa so I am curious if being 2 days over will matter when you file AOS? It does not sound significant but I figure maybe others have the same situation or question also.

Good luck

Sorry - my error in typing... We were married on Oct 1, not Oct 10, 2011.

[VanessaTony 3,567]

Is it possible to file for my wife and the older child (age 19) and defer filing for the younger child (age 15) until a later time (as a)he is in high school and the lack of a work permit and green card is not an issue for him and b) we still have a cashflow problem until I actually start getting paid in February 2012)?

Yes you can BUT you're asking one child to be out of status, and deportable. It also means the ROC date for that child would be different from the others

It's cheaper to file the children with the mother. I suggest you wait until the new year when you've filed your taxes and do them all at once, or borrow the money to get it done.

[ghunt2121 1]

Yes you can BUT you're asking one child to be out of status, and deportable. It also means the ROC date for that child would be different from the others

It's cheaper to file the children with the mother. I suggest you wait until the new year when you've filed your taxes and do them all at once, or borrow the money to get it done.

My understanding from several sources was that as long as we got married within the 90 days, the AOS filing could be deferred indefinitely, without risk of deportation. Are you saying that they are all three at risk of deportation at this moment because we haven't started the AOS process? If so, what's the reaction from the authorities going to be when we do start the process?, say, in the next month or so?

It seems obvious why it has been deferred/delayed: loss of job/income, and no viable co-sponsor.

[ceadsearc 516]

They're out of status so technically they are at risk. Most likely, if they got "caught," USCIS would just tell them to file their AOS documents, but there is a possibility of being detained, etc. although small.

[JimVaPhuong 4,863]

My understanding from several sources was that as long as we got married within the 90 days, the AOS filing could be deferred indefinitely, without risk of deportation. Are you saying that they are all three at risk of deportation at this moment because we haven't started the AOS process? If so, what's the reaction from the authorities going to be when we do start the process?, say, in the next month or so?

It seems obvious why it has been deferred/delayed: loss of job/income, and no viable co-sponsor.

If any of them have an encounter with any immigration authorities then it's more likely they would simply be jacked around, perhaps held in custody for anywhere from a few hours to a few days, and ultimately released with an admonishment to file the AOS as soon as possible. DHS has a policy not to initiate removal proceedings against someone who is clearly eligible to adjust status. The likelihood of any of them actually being deported is next to nil right now.

[VanessaTony 3,567]

If any of them have an encounter with any immigration authorities then it's more likely they would simply be jacked around, perhaps held in custody for anywhere from a few hours to a few days, and ultimately released with an admonishment to file the AOS as soon as possible. DHS has a policy not to initiate removal proceedings against someone who is clearly eligible to adjust status. The likelihood of any of them actually being deported is next to nil right now.

I understand this would be the case for the mother but I thought that the "give them a chance to AOS" thing was restricted to spouses only. Clarification please?