Late AOS Filing

[extremerecluse 32]

My K-1 fiance arrived in August 2011 with her three K-2s. Married one week after her arrival. What risks, if any, (and please state specific case law) would there be by filing for the K-1 now and then the K-2 at a later date?

Edited January 24, 2012 by extremerecluse

[VanessaTony 3,567]

Well, they become out of status. Unlike your wife if they encounter ICE they aren't protected. They will be deported. You asked for case law but all I can tell you is that spouses of USC's are afforded the chance to AOS if they run into ICE after their I-94 has expired and before they have had the chance to AOS. K2's aren't given that same chance.

The other issue is it's cheaper to file at the same time as the K1 so you would save money.

[extremerecluse 32]

Well, they become out of status. Unlike your wife if they encounter ICE they aren't protected. They will be deported. You asked for case law but all I can tell you is that spouses of USC's are afforded the chance to AOS if they run into ICE after their I-94 has expired and before they have had the chance to AOS. K2's aren't given that same chance.

The other issue is it's cheaper to file at the same time as the K1 so you would save money.

So, at the AOS interview, my kids will be hand-cuffed and taken away? This sounds extreme. I have learned that if the K-1 is approved the K-2 is automatically approved based on the K-1 approval. Our marriage is legit. Easy to prove that. All I-94s expire prior to the interview, so therefore all AOS candidates can be arrested the day of the expiration. I don't think the ICE personnel are waiting for all K-2s to change status. If anybody has any first hand accounts of K-2 deportations due to late filing of AOS, please respond.

[Wally G! 58]

From what I have read on some of the AOS applications that filed late. There is no penalty. Your wife and kids just can not leave the USA or cross any US borders. If you go past the 90 days. You begin overstay time until you file AOS papers.

Here are some VJ threads that I have read.

http://www.visajourney.com/forums/topic/248765-late-filing-for-aos-ss-name-changing-etc/page__view__findpost__p__3825384

http://www.visajourney.com/forums/topic/330475-late-aos-filing/

http://www.visajourney.com/forums/topic/49967-aos-filing-late/

http://www.visajourney.com/forums/topic/334617-late-file-aos/

http://www.visajourney.com/forums/topic/344267-aos-filing-time/

Hopefully this can help. God Bless and Good Luck!!

[VanessaTony 3,567]

So, at the AOS interview, my kids will be hand-cuffed and taken away? This sounds extreme. I have learned that if the K-1 is approved the K-2 is automatically approved based on the K-1 approval. Our marriage is legit. Easy to prove that. All I-94s expire prior to the interview, so therefore all AOS candidates can be arrested the day of the expiration. I don't think the ICE personnel are waiting for all K-2s to change status. If anybody has any first hand accounts of K-2 deportations due to late filing of AOS, please respond.

The K2's aren't "automatically approved". You still need to file. they will still be out of status. They are HER kids, not yours. If they were your children they would of course be afforded a different protection as children of a USC (and you'd be able to file other paperwork). HER kids can be detained and deported. It's unlikely USCIS will do it, it's just if they run into ICE.

Once AOS is filed they enter a period of authorised stay. So they're basically protected until the AOS is adjudicated, even if the I-94 has expired. And for interests sake not ALL I-94's expire before approval (not all K1s are interviewed). I know of at least one person approved before her I-94 expired.

It's totally up to you to risk their status. I can assure you the wife would be fine, there are plenty of examples to prove that. It is much harder to find examples for the children (seriously, try googling K2 :S) but there have been examples of kids who grew into adults and they never had AOS filed for them and now here they are in the US with no status and nothing they can do about it. By all means take her out-of-status kids to the interview and ask USCIS what they want to do with them if you don't believe me. Visit with an attorney and ask them. Sometimes their age gives them a little more protection (like if you married their mother before a certain age) but you they are NOT your kids. They are the children of your wife. That gives them no protection. They are like any other person who overstayed their visa. Deportable.

You want evidence they'll be fine. There is no evidence the children will be fine. I can't show you anything that says they won't be fine. You want someone to tell you it'll all be great and even if it's not true you'll grab onto that and hold onto it. It won't help the kids to say "oh but I read on a forum they'd be okay PLEASE don't deport them". You should treat them like you would your own children and move heaven and earth to protect them and their status. Get a loan and file. Borrow from friends/family. Once you've filed your wife will get her EAD, she can get a job and pay back the loan.

[extremerecluse 32]

The K2's aren't "automatically approved". You still need to file. they will still be out of status. They are HER kids, not yours. If they were your children they would of course be afforded a different protection as children of a USC (and you'd be able to file other paperwork). HER kids can be detained and deported. It's unlikely USCIS will do it, it's just if they run into ICE.

Once AOS is filed they enter a period of authorised stay. So they're basically protected until the AOS is adjudicated, even if the I-94 has expired. And for interests sake not ALL I-94's expire before approval (not all K1s are interviewed). I know of at least one person approved before her I-94 expired.

It's totally up to you to risk their status. I can assure you the wife would be fine, there are plenty of examples to prove that. It is much harder to find examples for the children (seriously, try googling K2 :S) but there have been examples of kids who grew into adults and they never had AOS filed for them and now here they are in the US with no status and nothing they can do about it. By all means take her out-of-status kids to the interview and ask USCIS what they want to do with them if you don't believe me. Visit with an attorney and ask them. Sometimes their age gives them a little more protection (like if you married their mother before a certain age) but you they are NOT your kids. They are the children of your wife. That gives them no protection. They are like any other person who overstayed their visa. Deportable.

You want evidence they'll be fine. There is no evidence the children will be fine. I can't show you anything that says they won't be fine. You want someone to tell you it'll all be great and even if it's not true you'll grab onto that and hold onto it. It won't help the kids to say "oh but I read on a forum they'd be okay PLEASE don't deport them". You should treat them like you would your own children and move heaven and earth to protect them and their status. Get a loan and file. Borrow from friends/family. Once you've filed your wife will get her EAD, she can get a job and pay back the loan.

The kids relationship to me as the USC married to their mother is Step-Father/Step-Child. USCIS recognizes that clear relationship. They are not hers alone after the marriage. Look it up in the USCIS website.

[Harpa Timsah 13,258]

You only want to hear what you want to hear, so there is no point. Your kids will be in the US illegally. You also waste money by waiting.

[God fearing 13]

The kids relationship to me as the USC married to their mother is Step-Father/Step-Child. USCIS recognizes that clear relationship. They are not hers alone after the marriage. Look it up in the USCIS website.

Even if you have to take out a loan...get it done!

[lady_troll 1]

My K-1 fiance arrived in August 2011 with her three K-2s. Married one week after her arrival. What risks, if any, (and please state specific case law) would there be by filing for the K-1 now and then the K-2 at a later date?

I came here on a K-1 visa with my a year USC son and 2 K-2 daughters. I wasn't able to file our AOS right away due to financial difficulties. It took me 2 years to file mine and 3 years for my 2 daughters. I guess it's important to file for your wife first so she can be able to help out to save money for her kids AOS.

Wish you luck!

[VanessaTony 3,567]

My K-1 fiance arrived in August 2011 with her three K-2s. Married one week after her arrival. What risks, if any, (and please state specific case law) would there be by filing for the K-1 now and then the K-2 at a later date?

I just found out more stuff I didn't know.

When it comes time to ROC if the kids arrived within 90 days of their parent, and their AOS was done concurrently they don't need to file ROC separately (but do pay bio fee), thus saving ROC fees. So in your case (assuming the kids are under 14) the fees will be as follows:

File AOS together

AOS................ROC

K1:___$1070__$590

K2-1:__$635___$85

K2-2:__$635___$85

K2-3:__$635___$85

TOTAL:$2975__$845

OVERALL: $3820

File AOS apart

AOS................ROC

K1:___$1070__$590

K2-1:__$985__$590

K2-2:__$985__$590

K2-3:__$985__$590

TOTAL:$4025_$2360

OVERALL: $6385

So you'll be spending a $2565 more by filing separately.

Edited January 31, 2012 by Vanessa&Tony