Is there any deadline for applying for AOS?

[mymarley 14]

my friend file aos after two years here in US...with k2...they issued with 10year gc...

[Harpa Timsah 13,258]

It seems to me that this is an abusive situation, where someone brings in a person and her kid and then refuses to do what is required so that person can have a normal life in the US. I wouldn't be encouraging it, myself.

Edited September 2, 2014 by Harpa Timsah

[Fizalis 0]

I feel that way. I'm not encouraging it anymore.

[Harpa Timsah 13,258]

Fizalis:

If you want to continue the relationship, then I would have a talk and explain that the I-864 is a contract between him and the US government that you will not get any welfare or government benefits. It does not mean that he has to give you money for 10 years or anything.

If you don't want to continue the relationship, then you could look into relief from VAWA, refusing to file immigration papers, with other factors, can be considered abuse.

Or, you could move home. I know you probably don't want to, but it may be better than living here illegally.

I am confused, your husband wants a relationship with you but doesn't want to do the immigration required to maintain the relationship? Without AOS, you could be deported anytime. Would he be sad about that?

[Fizalis 0]

Thank you Harpa. For your participation in my case, I will think about all that.

[Harpa Timsah 13,258]

Best of luck to you, Fizalis.

If your husband is controlling in other ways, then I would not tell him what you are thinking about so he can't use it against you.

[Fizalis 0]

Thank you.

[raven52 233]

You have really not explained, why he won't sign the paperwork.,.,.,,

Un-employment was mentioned, my wif eis working a full time job, big company, good benefits, """IF""" she got cut off, being un-employeed, and drawed un-employment checks, ""WOULD I be responsible for something neither one of us has control over?

This makes no sense to me.,.,., any comments appreciated.,.,

Please, tell your husband how important it is to get the AOS completed, delaying will just cause more trouble.,.,.,

[michellefor 1]

You will be out of status if you didn't file the AOS in 90days , and the only difference is you can't work. You can still get your GC even if you are out of status since you entered the US via K1 visa.

[Ed and Gina 45]

It is true that your husband will agree to reimburse the US government if you or your son were to derive benefits such as unemployment,etc. However, as your husband that is a commitment he should expect to meet anyway. However, unless things go horribly wrong in your marriage he should not be hesitant to sign. Could it be he doesn't understand what all the Affidavit of Support entails?

Also the Affidavit of Support will no longer be in effect if/when you become a US citizen which by law, you're allowed to apply for after 3 years of getting your marriage-based greencard -AND- remaining married the same US citizen husband. If your son is a minor, he will also become a US citizen if/when you naturalize at which point your husband would no longer be obliged for both.

If that should be the case, have him create an account here on VJ and ask the forum. Most of us will be able and glad to answer his questions.

Good luck!

Unemployment benefits are paid by the employer once a person becomes unemployed...as long as they don't quite voluntarily. So, unemployment benefits should not be a part of this conversation since it is not part of the government support system such as WELFARE or SOCIAL SECURITY or some other social support program. I have to say...most of the people commenting here are not providing correct information. In fact, most of you are talking out of your hats! This doesn't do the person asking about AOS any good whatsoever.

[Ed and Gina 45]

You have really not explained, why he won't sign the paperwork.,.,.,,

Un-employment was mentioned, my wif eis working a full time job, big company, good benefits, """IF""" she got cut off, being un-employeed, and drawed un-employment checks, ""WOULD I be responsible for something neither one of us has control over?

This makes no sense to me.,.,., any comments appreciated.,.,

Please, tell your husband how important it is to get the AOS completed, delaying will just cause more trouble.

The petitioner is responsible for paying/re-reimbursing the Fed Govt if the applicant/beneficiary becomes dependent on the govt for support...such as welfare, social security, etc. If the petitioner becomes unemployed and is awarded unemployment benefits...they would be able to avail themselves to other services to help to support their family. It happens all the time.

[Ed and Gina 45]

Thank you Harpa. For your participation in my case, I will think about all that.

I have to agree wth Harpa. Your situation, as you've described it, isn't exactly clear. Nonetheless...it does seem somewhat abusive and controlling...not sure what he's thinking. Harpa provided some different options...you should act quickly to protect yourself.

[Boiler 43,459]

OP does not wish to share any more.

[Fizalis 0]

Thank you for advice. I can't describe the whole story here, so I just wanted to find out a legal side. If here, where I live, there was more jobs, it would effect my situation positively.