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JANETandLYLE

AOS still not filed Six Years Later.

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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 by JANETandLYLE

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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.

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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.


Previous U.S. Visa/Trips
03-10-2014 : B1 issued date
03-24-2015 : B1/B2 issued date
02-26-2016 : Visited my aunt in Corpus Christi
02-27-2016 : Meet Ryan and he asked me out 
03-30-2016 : He proposed before I left U.S.
04-01-2016 : I left U.S. I wish I had enough days to marry him.
But, I have a very important business meeting to physically attend in Cebu on 04/04. I also have a business trip due in Japan for May 2016. 
Circumstances lead me to K-1. 
K1 - Journey
Spoiler

 

04-22-2016 : Sent I-129F Packet
07-20-2016 : Received NOA2
08-01-2016 : NVC Case # assigned
08-25-2016 : Interview Date and APPROVED!!! 
09-03-2016 : VOH
AOS - Journey
Spoiler

12-14-2016 : POE

12-30-2016 : Wedding Day!!!!!!!!!!!!!!!!
01-20-2017 : Sent I-485, I-765, I-131 Packet
01-24-2017 : NOA1 Received Date
02-03-2017 : Received NOA1 Hard Copy
02-04-2017 : Received Biometrics Appointment Scheduled on 02/17
02-08-2017 : Completed Biometrics
04-22-2017 : EAD Update - Card in Production
04-27-2017 : Received EAD & AP Approval Notice
05-01-2017 : Received EAD & AP Combo Card
05-01-2017 : Received EAD & AP Combo Card
11-17-2017 : I-485 Approved Date
11-25-2017 : I-485 Approved Notice Received
11-27-2017 : GC Received at the mailbox. No text/email notification. USCIS Case Status is still at "Fingerprint Fee Received" 
 
 

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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 by MsCompE

Previous U.S. Visa/Trips
03-10-2014 : B1 issued date
03-24-2015 : B1/B2 issued date
02-26-2016 : Visited my aunt in Corpus Christi
02-27-2016 : Meet Ryan and he asked me out 
03-30-2016 : He proposed before I left U.S.
04-01-2016 : I left U.S. I wish I had enough days to marry him.
But, I have a very important business meeting to physically attend in Cebu on 04/04. I also have a business trip due in Japan for May 2016. 
Circumstances lead me to K-1. 
K1 - Journey
Spoiler

 

04-22-2016 : Sent I-129F Packet
07-20-2016 : Received NOA2
08-01-2016 : NVC Case # assigned
08-25-2016 : Interview Date and APPROVED!!! 
09-03-2016 : VOH
AOS - Journey
Spoiler

12-14-2016 : POE

12-30-2016 : Wedding Day!!!!!!!!!!!!!!!!
01-20-2017 : Sent I-485, I-765, I-131 Packet
01-24-2017 : NOA1 Received Date
02-03-2017 : Received NOA1 Hard Copy
02-04-2017 : Received Biometrics Appointment Scheduled on 02/17
02-08-2017 : Completed Biometrics
04-22-2017 : EAD Update - Card in Production
04-27-2017 : Received EAD & AP Approval Notice
05-01-2017 : Received EAD & AP Combo Card
05-01-2017 : Received EAD & AP Combo Card
11-17-2017 : I-485 Approved Date
11-25-2017 : I-485 Approved Notice Received
11-27-2017 : GC Received at the mailbox. No text/email notification. USCIS Case Status is still at "Fingerprint Fee Received" 
 
 

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Previous U.S. Visa/Trips
03-10-2014 : B1 issued date
03-24-2015 : B1/B2 issued date
02-26-2016 : Visited my aunt in Corpus Christi
02-27-2016 : Meet Ryan and he asked me out 
03-30-2016 : He proposed before I left U.S.
04-01-2016 : I left U.S. I wish I had enough days to marry him.
But, I have a very important business meeting to physically attend in Cebu on 04/04. I also have a business trip due in Japan for May 2016. 
Circumstances lead me to K-1. 
K1 - Journey
Spoiler

 

04-22-2016 : Sent I-129F Packet
07-20-2016 : Received NOA2
08-01-2016 : NVC Case # assigned
08-25-2016 : Interview Date and APPROVED!!! 
09-03-2016 : VOH
AOS - Journey
Spoiler

12-14-2016 : POE

12-30-2016 : Wedding Day!!!!!!!!!!!!!!!!
01-20-2017 : Sent I-485, I-765, I-131 Packet
01-24-2017 : NOA1 Received Date
02-03-2017 : Received NOA1 Hard Copy
02-04-2017 : Received Biometrics Appointment Scheduled on 02/17
02-08-2017 : Completed Biometrics
04-22-2017 : EAD Update - Card in Production
04-27-2017 : Received EAD & AP Approval Notice
05-01-2017 : Received EAD & AP Combo Card
05-01-2017 : Received EAD & AP Combo Card
11-17-2017 : I-485 Approved Date
11-25-2017 : I-485 Approved Notice Received
11-27-2017 : GC Received at the mailbox. No text/email notification. USCIS Case Status is still at "Fingerprint Fee Received" 
 
 

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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.

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... 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.


Previous U.S. Visa/Trips
03-10-2014 : B1 issued date
03-24-2015 : B1/B2 issued date
02-26-2016 : Visited my aunt in Corpus Christi
02-27-2016 : Meet Ryan and he asked me out 
03-30-2016 : He proposed before I left U.S.
04-01-2016 : I left U.S. I wish I had enough days to marry him.
But, I have a very important business meeting to physically attend in Cebu on 04/04. I also have a business trip due in Japan for May 2016. 
Circumstances lead me to K-1. 
K1 - Journey
Spoiler

 

04-22-2016 : Sent I-129F Packet
07-20-2016 : Received NOA2
08-01-2016 : NVC Case # assigned
08-25-2016 : Interview Date and APPROVED!!! 
09-03-2016 : VOH
AOS - Journey
Spoiler

12-14-2016 : POE

12-30-2016 : Wedding Day!!!!!!!!!!!!!!!!
01-20-2017 : Sent I-485, I-765, I-131 Packet
01-24-2017 : NOA1 Received Date
02-03-2017 : Received NOA1 Hard Copy
02-04-2017 : Received Biometrics Appointment Scheduled on 02/17
02-08-2017 : Completed Biometrics
04-22-2017 : EAD Update - Card in Production
04-27-2017 : Received EAD & AP Approval Notice
05-01-2017 : Received EAD & AP Combo Card
05-01-2017 : Received EAD & AP Combo Card
11-17-2017 : I-485 Approved Date
11-25-2017 : I-485 Approved Notice Received
11-27-2017 : GC Received at the mailbox. No text/email notification. USCIS Case Status is still at "Fingerprint Fee Received" 
 
 

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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.


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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 by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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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.

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