AOS still not filed Six Years Later.

[JANETandLYLE 11]

My Wife came to the USA on a Fiancee Visa. Got married in the USA in early 2010. My Wife is from the Philippines. I have not gotten the AOS done yet. So six years later, how much of a problem am I facing? Is this going to be a big issue, and will I need a lawyer now? Has anyone filed AOS this late before??? We had many obstacles with the work market back around 2010 and a few years following that. We are aware her Fiancee visa is past due. I was unable to file due to financial issues, but those are good today. Please help. Any advice????

Edited September 7, 2016 by JANETandLYLE

[Hypnos 6,576]

You can file today the same as you could file six years ago. There is nothing you need to do differently, other than get a new I-693 medical exam performed.

Follow the guide: http://www.visajourney.com/content/k1aos

Edited September 7, 2016 by Hypnos

[JANETandLYLE 11]

So we are not in a bunch of trouble for having not filed before now? We shouldn't run into any major issues? This is what scares me that they may try to deny us since I have not gotten the AOS filed earlier. Honestly, I'm scared.

[MsCompE 50]

If you file now, I dont think there would be issues. But if, you havent filed for your wife and she is caught outside by US ICE (Immigration and Customs Enforcement), she could be jailed and could face deportation as she is considered undocumented and out of status.

[JANETandLYLE 11]

Caught outside, meaning caught outside of the house? The guy above said no problem, and your kind of saying the opposite. Im confused...........

[MsCompE 50]

Caught outside, meaning caught outside of the house? The guy above said no problem, and your kind of saying the opposite. Im confused...........

Yes, there will be no issues with USCIS if you file i believe.

But, if you havent filed yet and your wife is caught outside the house by US ICE that's another thing.

Edited September 7, 2016 by MsCompE

[MsCompE 50]

http://www.visajourney.com/forums/topic/608822-traveling-in-the-us/

[JANETandLYLE 11]

Ok, ty for that. If you read it all it also says they would probably make them just go get their AOS right away, too though. It doesn't necessarily say you will be instantly deported. Here is what i found out on the net in regards to this. It sounds like the main thing is over the i-94, but maybe someone who knows for sure can comment. Here's what i am seeing on the I-94. Remaining in the U.S. beyond the period of authorized stay as granted on the I-94 may cause the foreign national to be out of status and unlawfully present in the U.S. Staying beyond the period authorized is a violation of U.S. immigration laws and may result in the foreign national being barred from reentering the U.S. in the future. More specifically, remaining in the U.S. for more than 180 days beyond the I-94 expiration date could cause the foreign national to be barred from reentering the U.S. for a period of three years and staying for more than one year beyond the I-94 expiration date could cause the foreign national to be barred from reentering the U.S. for a period of 10 years.

I need to just get on the OAS regardless, and get it done.

[JANETandLYLE 11]

IDk, Some of this stuff is actually confusing. I just don't want any problems.

[MsCompE 50]

... she could be jailed and could face deportation as she is considered undocumented and out of status.

i mentioned "could be" and "could face" not "would" if caught by ICE.

i think you should file aos soonest.

[JANETandLYLE 11]

Thanks for the advice.

[Andrea&Henry 311]

Is not that hard I promise,

You must file asap. Your wife has been without any papers for the past 6 years (no ssn, no dl, no employment etc etc). She is completely out of status, so she could face legal issues just as any other illegal immigrant.

So, filling for AOS is your only option at this point....that it might raise some eyebrows and people may ask you a bunch of questions? probably, but at least she will have a legal status.

You should be WAY more concern about her being out of status than filling for AoS. I know people here that has been in a illegal status for 15 years, married an USC and adjusting status without any issues.

[Hypnos 6,576]

Your wife is out of status and has been for six years. This means that she is illegally present in the US, is deportable, and could be detained by ICE should she cross their path.

However, her overstay would not prevent her AoS from being approved. You should file for her AoS asap, for her protection if nothing else. Think what kind of a life being a non-person, unable to legally work or drive, is like.

I know first-hand, because I was out of status for 12 years. I do not recommend it.

If you care for her, file for her AoS immediately.

Edited September 7, 2016 by Hypnos

[Anitafeliz 1,133]

As long as you married in the 90 days as requiered by the K1

You can file AOS AND she will be forgiven any overstay out of status.

As long as she keeps doing what she has the past years while shes been out of status she sb ok...as far as ICE

Edited September 7, 2016 by Anitafeliz

[JANETandLYLE 11]

Thank you all. My concern is that she is out of status, that is why I am asking if we have problems with filing for her AOS. It sounds as though the out of status will be forgiven once i get the AOS filed. I am starting now to work on that. Thanks again for the advice, and any advice yet to come.