My wife and I have been married for a year now she legally came in to the US with a K1 visa but we haven't applied for AOS because the agency we're going through has told us that we shouldn't submit our paperwork just yet that there is a possibility that our application will be rejected because of my income. Is my wife illegally in the country because we haven't applied for AOS? and If we summit now are we going to get rejected because we took too long?
K1 visa only haven't applied for AOS
- Thread starter blue8
- Start date
Sm1smom
Super Moderator
Technically speaking, your wife is currently out of status and accruing illegal presence, she should file for AOS ASAP. And you should look for a joint sponsor if your current income isn’t enough to meet the affidavit of support requirements. You should also stay away from the agency that told you to wait and not file for AOS because your income isn’t sufficient - that agency is completely clueless and misleading you guys.
1AurCitizen
Registered Users (C)
OP's been on this DIY forum the past 5 years, yet still hasn't filed i485 as recommended years ago?
Get rid of that agency. Your wife is on legally shaky ground until AOS is filed. Get another job, find a joint sponsor, etc.
Get rid of that agency. Your wife is on legally shaky ground until AOS is filed. Get another job, find a joint sponsor, etc.