Should I file AOS still?

[Akwaaba02 7]

Hello everyone,  quick brief summary.  My husband and I married in August of last year here in the States on the K1-visa. Because I misunderstood the information about filing immediately for the AOS I was waiting within the year and thought also I had to pay fees seperately like the EAD and etc....so I was saving for it. Well last month ICE came to arrest my husband but because we're able to prove that we were married they told us to file for I-130 In which we did and he now have to see the detaining officer this Thursday.  We have everything ready to file for AOS except for his T.B test for medical examination which will be done Friday.  But I just had a quick thought of is it even worth filing AOS if he now has to see a judge regarding this situation and they may deport him? Or should we send it off in good faith? 

Edited May 1, 2018 by Akwaaba02

[Cyberfx1024 7,978]

26 minutes ago, Akwaaba02 said:

Hello everyone,  quick brief summary.  My husband and I married in August of last year here in the States on the K1-visa. Because I misunderstood the information about filing immediately for the AOS I was waiting within the year and thought also I had to pay fees seperately like the EAD and etc....so I was saving for it. Well last month ICE came to arrest my husband but because we're able to prove that we were married they told us to file for I-130 In which we did and he now have to see the detaining officer this Thursday.  We have everything ready to file for AOS except for his T.B test for medical examination which will be done Friday.  But I just had a quick thought of is it even worth filing AOS if he now has to see a judge regarding this situation and they may deport him? Or should we send it off in good faith? 

We have seen this before and usually the judge will say either file AOS within x amount of days or he will be deported. 

Edited May 1, 2018 by cyberfx1024

[Going through 5,668]

27 minutes ago, Akwaaba02 said:

is it even worth filing AOS if he now has to see a judge regarding this situation and they may deport him?

Yes, extremely worth it.

 

 

[Ben&Zian 4,397]

Follow through, complete the I-485 AOS phase.

 

You did also marry within the 90 days of his entry into the US correct? Making sure because that will change whether you have to just do AOS or do i-130.

[NJI751 12]

How many days after entering the US on a K1 visa did you get married? Hopefully within 90.

 

File. I think this will work out.

[Akwaaba02 7]

2 minutes ago, NJI751 said:

How many days after entering the US on a K1 visa did you get married? Hopefully within 90.

 

File. I think this will work out.

Yes. We married within that month. He got here August 4 and we married on the 26th. 

Thank you all for the reassurance.  

[Crazy Cat 39,425]

1 hour ago, Akwaaba02 said:

is it even worth filing AOS if he now has to see a judge regarding this situation and they may deport him?

I would file as soon as possible.

[Nouchigang 200]

Also you do not need to get the medical exam ready before sending AOS. You can send your package now and do the TB test later on, worst case scenario they will send you a RFE/RFIE but at least AOS will be sent and your husband will be "legal" in the mean time

[geowrian 22,336]

38 minutes ago, Akwaaba02 said:

Yes. We married within that month. He got here August 4 and we married on the 26th. 

Thank you all for the reassurance.  

Then you just file the I-485. An I-130 is not needed in your situation.

It sounds like they have not opened removal proceedings, so file as soon as you can. Filing the I-485 grants authorized stay while the case is pending.

No extra fees for the I-131 or I-765 (although that's not an excuse as these costs, if you thought you had to pay them, should have been planned out before entering on the K-1 visa).

 

There's a number of cases I've been noticing lately with K-1 entrants being approached by ICE agents and who have not filed for AOS yet. This is only anecdotal, but it does feel like they may be cracking down on this...people used to go years without filing for AOS and never have an issue.

Edited May 1, 2018 by geowrian

[Akwaaba02 7]

Thanks again for the thoughts. I sent in 1-130 because ICE said to do so. So we all make mistakes but just trying to correct them. I appreciate the feedback because without the forum I would definitely be paying a lawyer.  

[Californiansunset 332]

1 hour ago, Akwaaba02 said:

Thanks again for the thoughts. I sent in 1-130 because ICE said to do so. So we all make mistakes but just trying to correct them. I appreciate the feedback because without the forum I would definitely be paying a lawyer.  

By sending the I-130 the fees are higher than just sending the I-485. I hope you paid attention to that bc if the filing fee is wrong the application will be rejected and sent back to you. 

[Akwaaba02 7]

Quick update. Yes I filed papers i130 and paid that fee along with i485 with that fee and medical examination.  He went to see officer today and all went well. They set up another date for November for him to come check in. So we are thankful.  Thanks again.