AOS Filing question

[lilysintrigue 0]

Good Morning All,

 

I have a few quick questions in regards to my husbands AOS.   I want to let you guys know right off the bat it has been awhile since he came to the US, like 2008.  We applied, he came over, we got married in 2008, and then I got diagnosed with a major illness.  Much to say we did not apply for his AOS, due to my health.  Throughout this time he has not worked, been out of the country,  etc.   We can now file, but I need to know what forms I am going to need to submit, and if there is a possibility that due to the long time since he entered the country if we will have any problems. 

 

I really do not want to loose my husband, due to me getting really ill,  and us not being able to file.   Any help would be great, we are going to file as soon as I know which forms to fill out.  I thank you all for your help in this matter.

 

Kind Regards,

 

Shawna & Chris

[Khallaf 646]

7 minutes ago, lilysintrigue said:

Good Morning All,

 

I have a few quick questions in regards to my husbands AOS.   I want to let you guys know right off the bat it has been awhile since he came to the US, like 2008.  We applied, he came over, we got married in 2008, and then I got diagnosed with a major illness.  Much to say we did not apply for his AOS, due to my health.  Throughout this time he has not worked, been out of the country,  etc.   We can now file, but I need to know what forms I am going to need to submit, and if there is a possibility that due to the long time since he entered the country if we will have any problems. 

 

I really do not want to loose my husband, due to me getting really ill,  and us not being able to file.   Any help would be great, we are going to file as soon as I know which forms to fill out.  I thank you all for your help in this matter.

 

Kind Regards,

 

Shawna & Chris

since there is actually from my understanding and I could be wrong, there is no time frame of filing for AOS, but I wouldn't recommend waiting much longer.

[Crazy Cat 39,193]

12 minutes ago, lilysintrigue said:

Good Morning All,

 

I have a few quick questions in regards to my husbands AOS.   I want to let you guys know right off the bat it has been awhile since he came to the US, like 2008.  We applied, he came over, we got married in 2008, and then I got diagnosed with a major illness.  Much to say we did not apply for his AOS, due to my health.  Throughout this time he has not worked, been out of the country,  etc.   We can now file, but I need to know what forms I am going to need to submit, and if there is a possibility that due to the long time since he entered the country if we will have any problems. 

 

I really do not want to loose my husband, due to me getting really ill,  and us not being able to file.   Any help would be great, we are going to file as soon as I know which forms to fill out.  I thank you all for your help in this matter.

 

Kind Regards,

 

Shawna & Chris

There is no time limit for AOS.  However, he is currently out of status, which is never a good thing.  Just file AOS ......although I would expect some questions about why he didn't AOS until 10 years later. Personally, I would think of some reason other than "My health".  He might also be questioned as to how he was supported financially for the last 10 years.

I'm not judging, I'm just throwing possible questions that might be asked.....Good luck.

[little immigrant 800]

Wait, he has been out of the country? How did he re-enter? How come he didn't get banned? 

[lilysintrigue 0]

2 minutes ago, missileman said:

There is no time limit for AOS.  However, he is currently out of status, which is never a good thing.  Just file AOS ......although I would expect some questions about why he didn't AOS until 10 years later. Personally, I would think of some reason other than "My health".  He might also be questioned as to how he was supported financially for the last 10 years.

I'm not judging, I'm just throwing possible questions that might be asked.....Good luck.

I have supported him, I have been working with my illness.  Unfortunately, with all my medical issues, we have had to prioritize our finances, we pay my medical needs first, then  bills, rent, and whatever is left over goes to cost of living expenses.  He has not worked this whole time, just taken care of me, my family has helped alot too, we have proof of all of that. 

 

We except that they will require more proof, which we have in spades, just want to make sure all of our basis are covered before we file.

1 minute ago, little immigrant said:

Wait, he has been out of the country? How did he re-enter? How come he didn't get banned? 

He has been here the entire time, he has not worked, or left the country, and has resided with me in our home.

[Crazy Cat 39,193]

2 minutes ago, lilysintrigue said:

I have supported him, I have been working with my illness.  Unfortunately, with all my medical issues, we have had to prioritize our finances, we pay my medical needs first, then  bills, rent, and whatever is left over goes to cost of living expenses.  He has not worked this whole time, just taken care of me, my family has helped alot too, we have proof of all of that.

I understand.  Like I said, there is no time limit for AOS, but being out of status is not a good place to be these days....When you file AOS, I'm sure you will want to file for AP and his EAD...I wish you well.

[geowrian 22,335]

If you married within 90 days, you can pickup with AOS just like you would have back in 2008 (just with the new forms, fees, requirement, etc., obviously).

Guide: http://www.visajourney.com/content/k1k3aos

 

If you married after 90 days, you need to do an I-130 packet also.

Guide: http://www.visajourney.com/content/i130guide2

 

The overstay is not a cause for denial as the spouse of a USC.

 

While I 100% understand hardships due to health being an issue, it sounds like finances were also an issue. Filing for AOS + an EAD would have allowed him to work a few months later as well (even if it's only part time so he can still care for you / your condition).

[little immigrant 800]

3 hours ago, lilysintrigue said:

He has been here the entire time, he has not worked, or left the country, and has resided with me in our home.

I misunderstood. Thanks for clarifying. 

[Cyberfx1024 7,978]

10 hours ago, lilysintrigue said:

Good Morning All,

I have a few quick questions in regards to my husbands AOS.   I want to let you guys know right off the bat it has been awhile since he came to the US, like 2008.  We applied, he came over, we got married in 2008, and then I got diagnosed with a major illness.  Much to say we did not apply for his AOS, due to my health.  Throughout this time he has not worked, been out of the country,  etc.   We can now file, but I need to know what forms I am going to need to submit, and if there is a possibility that due to the long time since he entered the country if we will have any problems. 

I really do not want to loose my husband, due to me getting really ill,  and us not being able to file.   Any help would be great, we are going to file as soon as I know which forms to fill out.  I thank you all for your help in this matter.

Kind Regards,

Shawna & Chris

You can go ahead and file AOS for him no matter what. If he came here Legally and you two got married within the allotted amount of time then just file for AOS. We had 2 cases last year where people took forever to file for AOS. Once of them was successful and we did not hear back from the other one. 

[Dashinka 23,211]

21 hours ago, lilysintrigue said:

I have supported him, I have been working with my illness.  Unfortunately, with all my medical issues, we have had to prioritize our finances, we pay my medical needs first, then  bills, rent, and whatever is left over goes to cost of living expenses.  He has not worked this whole time, just taken care of me, my family has helped alot too, we have proof of all of that. 

 

We except that they will require more proof, which we have in spades, just want to make sure all of our basis are covered before we file.

He has been here the entire time, he has not worked, or left the country, and has resided with me in our home.

Expect to also receive scrutiny regarding his not working for 10 years.

 

Good Luck!