What happens if I don't AOS

[JusWonderin 0]

I'm trying to get a handle on my options, so please bear with me while I give the background of this situation.

Let's say the K1 beneficiary, just before the scheduled K1 interview, finds out she has an incurable condition. Let's call it cancer. And let's say she has been given 2 years to live.

Let's say that the USC petitioner has a good job and has checked with his health insurance company and they will insure the petitioner (even with the new condition), starting as soon as they are married.

They are considering whether they should just simply give up now, or go forward with the interview and immigration, with the knowledge that it will be short-term. She would immigrate, they would marry, and then live out their life together as long as possible.

But, AOS is expensive.... So what happens if she doesn't file AOS?

The condition and treatments will likely disable the petitioner from working anyway, so EAD isn't really a consideration.

The AP... it would be nice to see her family again, but likely once the end is close, they would travel together back to her country anyway. No need to return to the US, so AP is unlikely to be an issue either.

What am I overlooking? What other issues are there for a person who comes in to the US on a K1 visa and marries but doesn't file AOS for, say, 2 years?

btw, I'm not a troll... just a person who has received some pretty harsh news and is trying to find some answers under the veil of anonymity.

Thanks.

[Harpa Timsah 13,263]

The alien would be out of status and accumulating days of illegal presence, would not be able to travel, drive, etc. The alien could be put in ICE custody and ordered to file AOS, though that is unlikely to happen.

[JusWonderin 0]

Ok. That settles that then. I thought that by marrying within the 90 days I could buy some "free" time. Thank you for your response.

[Darnell 8,480]

AOS monies vs dying of cancer?

Pardon? which one you said was expensive? I missed that part.

Look, spouse going through AOS buys time, to be PRESENT in the USA, with the USCitizen Spouse.

Isn't that priceless, enough?

This is a time and money scenario, not a 'time vs money' comparison.

[VanessaTony 3,567]

There's a few things I think you've overlooked:

1. At what stage of the illness are you unable to fly? There have been news stories before of airlines not allowing sick people to fly because they don't want to risk other peoples health, risk delays, risk that persons health, risk the trauma to passengers (and expense) if the person doesn't survive the trip etc. This could mean that you would be stuck in the US for your "final days".

2. You said your fiance's insurance company would cover the condition (what if this is a mistake?) but did you mention you wouldn't have legal status?

3. Lack of legal status isn't just about working. It's also about getting a drivers licence. Being able to travel freely (not only in but also out of the country). You would essentially be "trapped" in the house for 2+ years.

4. Though it's morbid, lets say you DO stay in the US for say 2 years. You won't actually know the actual time of your "passing" so you could leave too early, or too late. In the event you leave too early... then what? Are you going to stay in your home country for the several months without your husband? Is you leaving the country your goodbye or will he have to fly to your home country for your final days?

I am so very sorry you are in this position and nothing anyone can say will make this okay. While I love Tony, I am also close to my family so leaving the country knowing it might be the last time I see them, or having them worry about me in another country is a big deal. In an ideal world your fiance would come and live in your home country with you but I know that's not always a choice. If you do end up coming to the US I do think you should file for AOS, you never know when legal status will be important and you certainly don't want to deal with immigration jail (if that ever happened - however rare) while being sick (and they are unlikely to NOT lock you up just because you're sick).

Your options (I'm sure you know) are:

1. visit the US for a couple of months and then return to your home country - issue being that would be SO hard to leave him

2. move to the US and live there - issue being it might end up too late to return home before "the end" and living in the US isn't always great or stress free or cheap.

3. stay in your home country (if you have close family like I do) and hopefully he would come to live in your country with you - issue being his life will be put on hold (sounds awful but that "break" in his career life could have a bigger impact that immediately obvious)

4. stay in your home country and he will come visit a couple of times and be there in the end

I would opt for #3 of course so I could be around all the people I love and who love me and in a secure and safe environment that I know (homesickness coupled with your illness would be awful) and then if #3 isn't an option I would probably go with #4. Only because I know what life here is like on a daily basis being basically healthy, I can only imagine if I were ill

[JusWonderin 0]

Thank you for your replies. You have given me lots of new (to me) information and lots to think about.

We will probably end up with me staying here with my family and him traveling as much as possible. Much less risk involved that way, I think.

Thanks, again.

[Laure&Colin 562]

I think there's another aspect to take into account: how performant is medical care in your home country compared to the US? Medical care in the US is expensive BUT it is also the best in the world, if you manage to have the best specialist to take care of your treatment. New medication, new treatment protocols almost always come from the US.

So being treated in the US vs your home country might mean a lot in terms of comfort or even life expectancy, especially if medical care in your home country is sub-par.

[VanessaTony 3,567]

I think there's another aspect to take into account: how performant is medical care in your home country compared to the US? Medical care in the US is expensive BUT it is also the best in the world, if you manage to have the best specialist to take care of your treatment. New medication, new treatment protocols almost always come from the US.

So being treated in the US vs your home country might mean a lot in terms of comfort or even life expectancy, especially if medical care in your home country is sub-par.

No, US isn't "the best in the world". Here's an old article: http://www.nytimes.com/2007/08/12/opinion/12sun1.html?pagewanted=all It's funny you claim US is best when actually France IS in the top 2 as ranked by the WHO.

As far as new medication and new treatment protocols... Australian's for example invented the humidicrib, and the HPV vaccine (among other things). US might make many because of a lot of doctors here but that doesn't make them the best.

Anyway I would rather be around my family than sitting in the house in the US just because medical MIGHT be better here.

[Laure&Colin 562]

No, US isn't "the best in the world". Here's an old article: http://www.nytimes.com/2007/08/12/opinion/12sun1.html?pagewanted=all It's funny you claim US is best when actually France IS in the top 2 as ranked by the WHO.

As far as new medication and new treatment protocols... Australian's for example invented the humidicrib, and the HPV vaccine (among other things). US might make many because of a lot of doctors here but that doesn't make them the best.

Anyway I would rather be around my family than sitting in the house in the US just because medical MIGHT be better here.

France is probably in the top 2 because the same level of medical care is accessible to everyone, rich and poor, homeless, illegal alien, well anyone, plus the quality of treatment offered is fairly high. Now just visit a basic French hospital and tell me where you'd like to be treated... My husband had the same kind of prejudice until I had to take him to the ER here. No local anesthesia for an emergency hand surgery, that makes you change your mind...

Recent medication and treatment take years before they're allowed to be implemented, lethal medication take years before they get banned (recent examples), taking care of pain in itself is a very new idea. Oh yeah you get cured in France, but comfort and quality of life are not a concern.

Definitely not better than the US to spend the rest of your life peacefully if you are sick.

[Mike Z 8]

2. You said your fiance's insurance company would cover the condition (what if this is a mistake?) but did you mention you wouldn't have legal status?

This is probably one of the most important points.

If the treatment is expensive, the insurance company will make sure you are eligible for the treatment.

From my experience, they WILL ask for your SSN. Do you have one?

Also, what if things get better? you cant travel because you didnt do AOS?

[KayDeeCee 4,904]

This is probably one of the most important points.

If the treatment is expensive, the insurance company will make sure you are eligible for the treatment.

From my experience, they WILL ask for your SSN. Do you have one?

Also, what if things get better? you cant travel because you didnt do AOS?

She would be able to get an SSN 2 weeks after entering the US with a K-1. You do not have to file AOS first to get an SSN, so this is a moot point.

I keep thinking what if the doctor is wrong and you end up having longer than that to live? It has been known to happen. There are just a lot of 'what-ifs' with this scenario. I think the money for AOS should be saved up and AOS be filed as soon as you can do it. The 2 of you could live your lives together as normally as possible, traveling freely when you want or need to. It would be a big stress issue taken care of by filing for it.

[JacAng 8]

That is terrible news and my heart goes out to you but please dont just give up on your life because of a Doctors diagnosis....Lots of miraculous healings have been known to happen you just never know what the future will bring...If I was in your shoes I would go ahead with my original plans especially since your medical is covered, face the obstacles as they come and enjoy your life....all the best to you in whatever you decide

[Mike Z 8]

She would be able to get an SSN 2 weeks after entering the US with a K-1. You do not have to file AOS first to get an SSN, so this is a moot point.

ok, fair point if she has her SSN covered. but thats just one of the things they could ask for. (even if they claim now that she can be added and they will cover her diagnosed illness)

as she so heavily relies on the health insurance covered, i would make sure beforehand they dont ask for other stuff.

even if she can provide SSN, they may also want birth certificate (experienced that one). if thats a non-US certificate, which presumably it is in this case, what if they ask for status? (much like when being added to a bank account?)

i understand this is unlikely and maybe others that have been added to Healthinsurance can add their experience, but if she so heavily relies on the insurance, and it is very expensive treatment - they will turn every stone to see if they have to pay.

[Stuart and Thea 95]

I can offer you no advice for your situation save that you choose to spend your remaining time in meaningful ways, and not chasing around after a pile of paperwork, miraculous cures and the like. We are all mortal, and some of us get to know ahead of time just when our lives may end. These lucky individuals get to figure out how they want to spend the rest of their lives, and live them. Do the things on your bucket list. Spend time having fun with friends and family. Travel to the places you wish to see before you die. If you have a truly horrific fast growing cancer, and know that treatment often does nothing but prolong the agony of death, consider quality of life before quantity.

I have watched patients and loved ones waste the time they had left grasping at hopes that were never there for them, only to have their loved ones regret the waste of time. I have also had loved ones and patients truly live during the last stages of their life. These people are the ones who have taught me what the human spirit is all about. How important family is. How spending life in the moment matters as much as dreaming of tomorrows. I truly wish that there is some treatment that can prolong the quality of your life for some time to come. But money? matters little in the grand scheme of things. I wish you well in your journey, and when the time comes, I hope it is quick and pain free my friend...

[Basee 2]

Ok. That settles that then. I thought that by marrying within the 90 days I could buy some "free" time. Thank you for your response.

From what I can understand, there is no legal requirement to file AOS after marriage. Your K1 will expire and you will be out of status. Depending on how long you are out of status for, you may not be allowed back in without filing I 130 and getting CR1.

My take on what you have written is... LIVE each day until your days come to an end. Filing your AOS may well be expensive, but so what? your life with your partner is worth it. Aren't you both worth $70 a month? You are in a bittersweet situation, bitter that it is harsh news and your time together will be short, sweet that you have the heads up and can make the most of each good day you have.