90 day period up for AOS

[nygatl15]

If you have not fied for the AOS in the 90 day period, can you stay in the country? What happens when that 90 day period comes and goes?

My wife has not returned. She says I used that to bully her. This was not true. I let her know if the silly arguments didn't stop we wouldn't work and the marriage would fail and she wouldn't get a green card. Anyway She is gone and doesn't appear to want to return, althoug she shows (small)signs sometimes. But in reality, I have to give up since she won't return. What are my options here? An attorney told me that since I don't know her address to serve papers, I can't get a divorce for at least 6 months.

[tywy_99]

Be sure to report the situation to the USCIS.

[nygatl15]

Immigration is her problem - to put it bluntly. After her visa expires, she is out of status but nothing will happen any time soon.

 

If you are set on a divorce, get it started even if you have to serve by publishment.

180514[/snapback]

do i have a choice? She won;t be able to get a green card now will she? unless she does something not honest?

 

An attorney says it is too early to get a divorce, I would have to wait for 5-6 more months before the divorce will be approved.

[yuehan123]

Considering the overall immigration situation, both legal and illegal, I can only speculate that 90 days and AOS status are irrelevant on the surface. If you can't find her, how in the world would anybody else?

 

Recently my wife and I were stopped at an immigration checkpoint inside the US. We were well past the 90 day limit, yet were not asked for proof of AOS status or even proof of marriage.

 

If divorce is your answer, file it. Lots of people take off all the time, it's not unusual. Suggest you Notify USCIS after the divorce, not before a belated reconciliation.

[C4Racer]

Too early for divorce?? The word annullment comes to mind.

 

The attorney is right. Most times divorce is out of the question if the marriage has not been given a fair chance, yet if you can prove the marriage was a mistake you can get it annulled.

[frank1538]

Just to follow up on Don's post, if she fails to file for AOS, she will begin to accrue unlawful presence which could prevent her from re-entering the US for a period of time (usually 3 or 10 years) if she ever leaves the country. Your involvement is required in the AOS process unless she attempts to allege some exception. Further, as a K-1 holder, she cannot change her visa status to another nonimmigrant status. And the fact that you are still married means that she cannot currently seek another marriage to another USC.

 

These are her problems, not yours. Do what you think is right and let her immigration issues fall where they may.

[yuehan123]

I see in your timeline that you filed your AOS application. The Biometrices appointment letter we received stated failure to appear would constitute abandonment of the case.

 

Sorry to hear about your troubles. This process is not just one bed of roses for anybody. Best of Luck to you. Others have said it here before- If moving on with your life is your given lot, then move on and don't look back too many times.

[nygatl15]

It really breaks my heart. This isn't what I wanted. I beleive she has some emotional problems. I actually talked with her yesterday for the 1st time in maybe 3 weeks. She didn't sound good. She is in San Fran. she didn't tell me, I found out from my daughter. The phone call was the best of the 3 calls in over a month. no yelling by her.

She tries to rationalize how she just left and went to the airport by blaming me. I can't say she was ever commited.

 

I basically humbled myself and pleaded with her to return, and I would forgive everything and we would fix it. I figured if she returned we cold figure things out... our disagreements were mostly silly. Difinetly not worth running away and thrashing the marriage. She said she would see a lawyer... When I mentioned the only thing she can do is claim I abused her, she became very angry. I don't know what she is doing, but she sounded very tired and has a very strained voice. I never her sound like that before. I assured her I loved her. I still do, but she said that she later said on the chatroom she didn't want the AOS, because I used it to bully her, which is totally not true, why would I do something so stupid? I only said we needed stopp the silly fights or we wouldn't work, It seems I was right regretfully. Maybe this was a huge mistunderstanding between us, but she never mentioned this until she was gone.

 

she told me she was seeing a counselor now, for what I don't know, she is very privsate with me now. It is amazing how things changed so quickly after she came here. I thought it was good, even with the constant arguments, but she became a complete stranger once she left me and saidf I was a very bad person, just the thought she would say this is so painful. I'm not too much of a man to say I have cried a few cryies over this situation. I think of all the emails, trips and constant phone calls daily and now we are here.

 

I feel sorry for her and I feel sorry for myself, but I understand I must move on now. I really wanted this to work and even thought that this really bad time would allow us to see the abyss and turn away and come back to make this marriage better, but that was my dream.... not hers.

 

I don't think we can continue, if she is out of status, she can't change it now can she?

[johnxiaoying]

Hopefully you took everyones previous advice to consult an attorney for your own protection.

 

Your quotes are red flags:

 

"She said she would see a lawyer... When I mentioned the only thing she can do is claim I abused her, she became very angry."

 

"she told me she was seeing a counselor now, for what I don't know, she is very privsate with me now."

[nygatl15]

Hopefully you took everyones previous advice to consult an attorney for your own protection.

 

Your quotes are red flags:

 

"She said she would see a lawyer... When I mentioned the only thing she can do is claim I abused her, she became very angry."

 

"she told me she was seeing a counselor now, for what I don't know, she is very privsate with me now."

180682[/snapback]

I did. Basically, there is nothing she can do to me. She might be able to make false claims against me, but I understand that is it. Georgia's law are that she is only entitiled to what was obtained why we were married, that would be nothing.

[yuehan123]

I don't think we can continue, if she is out of status, she can't change it now can she?

180676[/snapback]

Interesting ending to your posting. You just filed your AOS, why do you ask about "out of status?" Go together to counseling, work it out and live happily ever after. or not.

[nygatl15]

I don't think we can continue, if she is out of status, she can't change it now can she?

180676[/snapback]

Interesting ending to your posting. You just filed your AOS, why do you ask about "out of status?" Go together to counseling, work it out and live happily ever after. or not.

180718[/snapback]

It is my understanding that if she passes the 90 period for filing the AOS, She is out of status. She did file the AOS, as stated in my timeline, but she didn't schedule the fingerprint appointment. She told me she cancelled the checks, which I would think would cancel the process. I wanted to go to counseling, but she refused to return. As I said, I humbled myself and took all the blame atthough, I don't truly beleive I'm 100% to blame. I understand as the man, I needed to be more patient, but who can be perfect in just 6 weeks? I was trying to adjust... but I thought somethings were strange.

[david_dawei]

So, your not aware of any receipt number (NOA1) ? I assume it would of been sent to your home.. you could check the status online if you had it...

[nygatl15]

never received anything..maybe she changed the address

[Mylife]

I dont think the 90 days has anyting to do with it now that she is married. The 90 is is only to marry. You can adjust anytime after that for the green card. I dont think she is out of status at all.

 

Really, I hate to be blunt but, either stop it, or stop thinking about it. I know a lot of people told you that you should inform the BCIS about your situation. If you don't want to, thats your perogative. But then, why waste your time wondering "what if this, what if that." Seems that she has made her decision. Now you have to make yours.

 

If my honesty is too brutal, I apologize for my lack of finesse.