K-1 Late Filers Note: Green Card Interview Approved

[Texsinbad 6]

We don't post much, but do read many topics about people worried about filing late.  I doubt that there are many who have filed later than us.  We got married within the 90 days, which was the end of 2013.  We didn't file the AOS until 2/5/19--over 5 years later.

 

We had the Green Card interview in Tampa, Fl on 5/2/19, and was approved.  They did ask why we waited to file so late, and we told them the truth, "we didn't have any reason to file sooner, but now, my wife wants to visit her family in the Philippines later this year".  

 

So, if you are filing late, you probably don't have to worry too much.

 

The interview was only a few questions, but our situation is different.  We have been together going on 8 years and married going on 6 years.  Obviously, ours is a real marriage.  They didn't ask for any documentation relating to joint accounts like banking, utilities, title to our home, letters from relatives or friends, or anything like that.  We showed them about 40 pictures of us, friends, and relatives from the time when we met until now.  They did ask where and who was in the pictures.

 

At the end, they said that we were approved and that it would take 2-3 weeks to receive the Green Card. 

 

Good luck to future filers. 

[Crazy Cat 39,218]

47 minutes ago, Texsinbad said:

They did ask why we waited to file so late, and we told them the truth, "we didn't have any reason to file sooner, but now, my wife wants to visit her family in the Philippines later this year".  

 

So, if you are filing late, you probably don't have to worry too much.

I would not want to promote false security.  The truth is that are no benefits in delaying filing for adjustment of status.  I am sure it was certainly not pleasant for your wife waiting so long......... a K-1 immigrant who waits until after his/her I-94 has expired is unlawfully present in the US and subject (technically) to deportation.....

Congratulations.............

Edited May 3, 2019 by missileman

[Ben&Zian 4,397]

Well congrats, but as mentioned, once the I-94 expires, regardless of the marriage, they are eligible for removal, which can be extremely stressful for both parties to worry about.

 

But it has been 'advised' before by myself and others that technically people can wait years if they wanted to and still AOS as long as they had married within the 90 days.

 

Except for the couples that marry straight away to file, I think most people end up filing a few days after the expiration of the I-94 anyways, we waited something like 80 days to marry then think got our AOS submitted at day 94 or something.

[Cryssiekins 976]

I agree with @missileman that it’s obviously great that it worked out for you, (and that you and your wife were in a position to hold off on that for so long as in she didn’t need to work or travel), it’s not prudent for anyone to attempt that, because it leaves the immigrant spouse in such a precarious position.  Even if the risk is incredibly low, it’s still there.  AoS should be filed as soon as possible after the marriage.  It’s a well known part of the process that the majority of people should be prepared for, and I wouldn’t be surprised if it becomes a requirement to do so within a designated period of time, as there is an argument to be made that delaying the filing is circumventing the i751 process in place for fiancé and spousal visas where the marriage is less than 2 years.

 

I know you’re not advocating that everyone does this, and simply sharing a positive outcome to give hope to anyone in a similar situation who is worried, but I wouldn’t want someone who may not be savvy in US immigration to read that and interpret it as a golden pass, so to speak, because it’s risky.

 

Nonetheless, congrats

[p-ana 933]

Good that worked out for the OP, but not sure how the wife lived and slept at night.

Life is hard enough and full of setbacks for a documented legal permanent resident, I can only imagine the nightmare it must be for someone that didn’t file at all for 6 years 

[payxibka 10,044]

Not to mention she could be a citizen by now is she so desires 

[geowrian 22,335]

Thanks for sharing your story. I'm sure it will be reassuring for those who are in similar circumstances and filed AOS late (not just everybody telling them it wouldn't be an issue already).

 

That said, it does need to be made clear that it is very unwise to wait so long to file for AOS:

1. Inability to work or travel abroad (and return). Emergencies do happen. Luckily none happened in your case.
2. Being out of status (91st day onward) is never a good thing. She never got caught. Not everybody is so lucky. Even if ICE doesn't pursue removal proceedings, the detainment and followup experience is quite unpleasant. And costly if they do issue an NTA.
3. Had your marriage not worked out, she would have no means to stay in the US and also have had a 10 year bar upon exit from the US. It's irresponsible to risk putting somebody through that. Nobody plans for a marriage to fall apart, but leaving somebody in that position in case it does is not a good situation.
4. Delayed eligibility for citizenship.

[Texsinbad 6]

The purpose of my post was to try to assure late filers--not to suggest that people file late, but all I get is harassed.  That is another reason we don't post much.

 

Everybody's situation is different.  My wife NEVER had to worry about anything. 

 

This will be out LAST post.

 

Goodbye and good luck to everyone.

 

 

[PolskaKielbasia 67]

IMO the biggest downside to waiting so long to file was that she basically locked herself into staying in the US. If she had to leave anytime before she got advance parole, well, good luck LOL.

 

Let's be realistic: ICE and USCIS have historically not hassled people like OP's wife, but there's no guarantee that cannot change overnight, especially with the current administration. That would make me extremely uneasy.

 

 

[Cryssiekins 976]

5 minutes ago, Texsinbad said:

The purpose of my post was to try to assure late filers--not to suggest that people file late, but all I get is harassed.  That is another reason we don't post much.

 

Everybody's situation is different.  My wife NEVER had to worry about anything. 

 

This will be out LAST post.

 

Goodbye and good luck to everyone.

 

 

No one said anything harassing to you.  We all congratulated you that it worked out for you, but put cautions for anyone who may read this down the road that they may not be so fortunate.  

[geowrian 22,335]

I don't see any harassment. I just see warnings to others as to why they should avoid getting to the same point, and pointing out the risks involved.

 

I'm glad she never had anything to worry about.

I'm glad there there was no way you could have become sick, injured, or worse.

I'm glad there was no way she would need to travel abroad in 5+ years.

I'm glad there was no way you would break up.

I'm glad there was no way she could have had an encounter with ICE.

Having so few worries is a wonderful thing.

[Crazy Cat 39,218]

28 minutes ago, PolskaKielbasia said:

ICE and USCIS have historically not hassled people like OP's wife, but there's no guarantee that cannot change overnight, especially with the current administration. That would make me extremely uneasy.

Actually, there has been at least one poster who said ICE agent came to his door to warn his wife because she had not filed for adjustment of status within the 90 days after arrival..........it isn't common, but it has happened.

[Crazy Cat 39,218]

38 minutes ago, Texsinbad said:

The purpose of my post was to try to assure late filers--not to suggest that people file late, but all I get is harassed.  That is another reason we don't post much.

 

Everybody's situation is different.  My wife NEVER had to worry about anything. 

 

This will be out LAST post.

 

Goodbye and good luck to everyone.

 

 

Harassed? I don't think so.  Educated? Maybe....Good luck on the rest of your journey. 

BTW: I don't think it's such a good thing to assure others that it's OK to remain in unlawful status for years. 

Edited May 3, 2019 by missileman

[PolskaKielbasia 67]

7 minutes ago, missileman said:

Actually, there has been at least one poster who said ICE agent came to his door to warn his wife because she had not filed for adjustment of status within the 90 days after arrival..........it isn't common, but it has happened.

Wow, first time I've heard of this. I guess going by the book K1 overstayers are fair game.

 

And OP's situation isn't that uncommon. A distant family member of mine overstayed her tourist visa by something like 15 years, married, and adjusted without any issues whatsoever. 

[Crazy Cat 39,218]

3 minutes ago, PolskaKielbasia said:

Wow, first time I've heard of this. I guess going by the book K1 overstayers are fair game.

 

And OP's situation isn't that uncommon. A distant family member of mine overstayed her tourist visa by something like 15 years, married, and adjusted without any issues whatsoever. 

It was Richard Moss: