AOS issue

[honeykitten2008 0]

Hi,

I have another kind of trouble question running in my brain, I've been here for almost 3 years now, and we have not file my AOS.

What kind of problems would I be facing in the future if my AOS is not filed???

[lesthatsri 9]

Hi honeykitten

I am impressed no one has replied to your post yet.

Are you right now in any type of visa?

If your visa/permission is expired for one you are here illegally, and that can't be good. If you are ever driving and you get pulled over you could have problems because you are out of status. If you are legally married to a US citizen or resident and came in the country with a valid visa you shouldn't have any reasons not to file. I know money is sometimes tricky, but I did my AOS filing on my own, as I didn't have money to pay for a lawyer. I only had to pay the $1500 for concurrent filing (I did AOS from a J1 visa not a fiancee visa). There are many guides and people that can give you advice in this forum to know how to file.

Can you explain your situation with more detail now to know why you don't want to file?

[Girl from Celebes 588]

Hi,

I have another kind of trouble question running in my brain, I've been here for almost 3 years now, and we have not file my AOS.

What kind of problems would I be facing in the future if my AOS is not filed???

You probably can get detained especially if you live near to the border- there was another post about that-. Remember, married to the US citizen is not a guarantee you would be free to live here without adjust of your status. I don't know what hold you up not to file for AOS yet, but you should know that you came to the US with fiancé visa, married within 90 days, and you have to adjust of your status to get the lawful permanent resident.

[Hypnos 6,576]

You are illegally present in the US and are accruing overstay. Worst case scenario, you could be detained by ICE and, theoretically, deported.

[Sweetheart75 0]

Wow why did u let that happened? You are aware of the rules im sure,like what others have replied to ur question u are now in big trouble whatever reasons you've had on why not filing it still you should have filed that long time ago,maybe you need to seek the help of an attorney goodluck to you.

[mcuzin1985 13]

Your only luck to do anything in regards to "legally" staying in the United States is getting with an Immigration Lawyer. If you attempt to file for AOS, I can almost guarantee you will be denied pretty quick and they will send you a notice stating to depart the United States and reapply for K1 or whatever type of visa you came to the US on.

[funkymunky 11]

Your profile says you came on a K1 in 2011, did you get married within those 90 days? You should have filed immediately after marrying! I agree that you should consult a lawyer as you are probably out of status and have complicated things by waiting.

[kitthekat 1,317]

honeykitten -

your timeline says you arrived on a K1 visa.

1. did you marry your original petitioner? if so, then yes, you can successfully adjust status now.

2. did you marry within the 90 days that you were given from your arrival? if you did not, you will need to file the I-130 as well.

there is no time limit to file adjustment of status. there are many people who have overstayed in the US from their original visas, gotten married, and then adjusted status down the line. i've heard of people who've overstayed for decades, and then successfully adjusted status.

that being said, without adjusting status, you are here illegally, and accruing unlawful presence. should you ever leave the US, you will not be let back in without the proper visa and may have to serve a ban first. so - don't leave the US until your greencard is in hand. without filing for AOS, you will also not be able to work. if you are stopped by border control or law enforcement, and it is found that you are out of status, you could be deported (there is a higher risk of this happening if you live or travel close to the border, as GirlfromCelebes pointed out). hence it's best to get your AOS filing done ASAP. good luck.

Your only luck to do anything in regards to "legally" staying in the United States is getting with an Immigration Lawyer. If you attempt to file for AOS, I can almost guarantee you will be denied pretty quick and they will send you a notice stating to depart the United States and reapply for K1 or whatever type of visa you came to the US on.

why do you "guarantee" she will be denied? there is no time limit to file adjustment of status. sure, she is late, but she can certainly still file now.

[NancyNguyen 1,657]

Your only luck to do anything in regards to "legally" staying in the United States is getting with an Immigration Lawyer. If you attempt to file for AOS, I can almost guarantee you will be denied pretty quick and they will send you a notice stating to depart the United States and reapply for K1 or whatever type of visa you came to the US on.

This info is completely wrong if OP did get married within 90 days. AOS is not required within 90 days.

No exact answer until we know if OP got married within 90 days.

[KayDeeCee 4,893]

Your only luck to do anything in regards to "legally" staying in the United States is getting with an Immigration Lawyer. If you attempt to file for AOS, I can almost guarantee you will be denied pretty quick and they will send you a notice stating to depart the United States and reapply for K1 or whatever type of visa you came to the US on.

Please do not post incorrect and misleading information that can only serve to scare the OP.

If they entered on a K-1 and married the USC petitioner within 90 days of doing so, then they certainly are eligible to file for AOS. Why would they send them a notice to depart the US and file for another K-1? A K-1 is for a foreign fiance(e) to enter the US to marry. You do not get a K-1 after already being in the US and being married. If they married outside the 90 days, they still would not have to leave and would be able to adjust status by filing an I-130 and I-485 at the same time.

[CowBoE 429]

honeykitten -

your timeline says you arrived on a K1 visa.

1. did you marry your original petitioner? if so, then yes, you can successfully adjust status now.

2. did you marry within the 90 days that you were given from your arrival? if you did not, you will need to file the I-130 as well.

there is no time limit to file adjustment of status. there are many people who have overstayed in the US from their original visas, gotten married, and then adjusted status down the line. i've heard of people who've overstayed for decades, and then successfully adjusted status.

that being said, without adjusting status, you are here illegally, and accruing unlawful presence. should you ever leave the US, you will not be let back in without the proper visa and may have to serve a ban first. so - don't leave the US until your greencard is in hand. without filing for AOS, you will also not be able to work. if you are stopped by border control or law enforcement, and it is found that you are out of status, you could be deported (there is a higher risk of this happening if you live or travel close to the border, as GirlfromCelebes pointed out). hence it's best to get your AOS filing done ASAP. good luck.

why do you "guarantee" she will be denied? there is no time limit to file adjustment of status. sure, she is late, but she can certainly still file now.

Excellent post and a good reminder for me to not lapse on this when my fiancee arrives.

Back to the OP's situation, if OP has been married for nearly 3 years and just now files AOS

and gets the GC, which GC would she get? 2 year temporary one or permanent one?

[Hypnos 6,576]

An unconditional ten year green card, per Matter of Sesay.

[honeykitten2008 0]

Hi honeykitten

I am impressed no one has replied to your post yet.

Are you right now in any type of visa?

If your visa/permission is expired for one you are here illegally, and that can't be good. If you are ever driving and you get pulled over you could have problems because you are out of status. If you are legally married to a US citizen or resident and came in the country with a valid visa you shouldn't have any reasons not to file. I know money is sometimes tricky, but I did my AOS filing on my own, as I didn't have money to pay for a lawyer. I only had to pay the $1500 for concurrent filing (I did AOS from a J1 visa not a fiancee visa). There are many guides and people that can give you advice in this forum to know how to file.

Can you explain your situation with more detail now to know why you don't want to file?

Hi lesthatsri,

I guess this is a old subject or maybe this was already been answered somewhere before, I just can't find any direct answer to it so I decided to post my concerns.

anyway I don't know how to drive yet, so I don't have that problem in the future until I get my GC.

I came here as a fiancee visa last july 2011 and we got married before the 90 days. We just been struggling with money to pay for the fees. Plus I can't help or do anything about it because I can't work. Good for you that you we're able to pay it on your own.

I wish I could do that, or at least help a little bit. It is not we don't want to file, it is just a money issue. It is more a problem because we need cash

thank you so much for giving me your time to answer and to be the first one too I appreciate it a lot

You probably can get detained especially if you live near to the border- there was another post about that-. Remember, married to the US citizen is not a guarantee you would be free to live here without adjust of your status. I don't know what hold you up not to file for AOS yet, but you should know that you came to the US with fiancé visa, married within 90 days, and you have to adjust of your status to get the lawful permanent resident.

I don't think so I live near the border, but It is pretty scary still to go out without any legal documents other than my passport... I married my fiance within the 90 days period.

You are illegally present in the US and are accruing overstay. Worst case scenario, you could be detained by ICE and, theoretically, deported.

I heard a lot about this ICE people and be deported. (sigh)

[honeykitten2008 0]

Wow why did u let that happened? You are aware of the rules im sure,like what others have replied to ur question u are now in big trouble whatever reasons you've had on why not filing it still you should have filed that long time ago,maybe you need to seek the help of an attorney goodluck to you.

I actually don't know a lot of details about filing the AOS, we married before the 90 days period. It is financial issue,.. My husband doesn't have that much money like everybody else.. and it was more difficult because the fee was big and need in cash.

Your profile says you came on a K1 in 2011, did you get married within those 90 days? You should have filed immediately after marrying! I agree that you should consult a lawyer as you are probably out of status and have complicated things by waiting.

I did marry my fiancee within the 90 days period. thanks for the reply and info..

[honeykitten2008 0]

honeykitten -

your timeline says you arrived on a K1 visa.

1. did you marry your original petitioner? if so, then yes, you can successfully adjust status now.

2. did you marry within the 90 days that you were given from your arrival? if you did not, you will need to file the I-130 as well.

there is no time limit to file adjustment of status. there are many people who have overstayed in the US from their original visas, gotten married, and then adjusted status down the line. i've heard of people who've overstayed for decades, and then successfully adjusted status.

that being said, without adjusting status, you are here illegally, and accruing unlawful presence. should you ever leave the US, you will not be let back in without the proper visa and may have to serve a ban first. so - don't leave the US until your greencard is in hand. without filing for AOS, you will also not be able to work. if you are stopped by border control or law enforcement, and it is found that you are out of status, you could be deported (there is a higher risk of this happening if you live or travel close to the border, as GirlfromCelebes pointed out). hence it's best to get your AOS filing done ASAP. good luck.

why do you "guarantee" she will be denied? there is no time limit to file adjustment of status. sure, she is late, but she can certainly still file now.

kitthekat

I did marry my fiancee within the 90 days period... Thanks for your input.. this enlighten me a lot.. very helpful of you thanks so much.

I truly appreciate it.