Separation before AOS/K-1 Entry/What to do about Addresses?
Feb 1st 2004, 6:16 pm
#1
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Joined: Feb 2004
Posts: 1
Separation before AOS/K-1 Entry/What to do about Addresses?
Hi everyone,
I've spent many nights on the search function of this forum - and I'd like thank the regulars here for providing such valuable information.
I do still however have a few questions I hope some of you may be able to answer for me.
My situation in brief:
I am UKC, entered on K-1 (2001), married USC (2001) filed for AOS (early 2002). It's been 24 months since filing and still no reply from UCIS regarding my AOS interview date. (According to the ucis website they are still processing I-485 apps from mid-2001).
At a rough guess, I'd say my AOS interview is still more than 6 months away, taking the total processing time to 30+ months.
Our marriage is not working out, I have been living separately from my wife for the last 4 months now. We are 5 mins away from eachother and talk every day but there is little hope of our marriage ever working out.
We have been together for over 5 years. We met in USA in 99, filed for marriage licences in 1999 & 2000 in America, and then decided we'd live in the UK instead (2000). In 2001, we changed out minds and came to USA to live, finally getting married late 2001.
Our marriage is more than bona fide
She is still very much my best friend and we've been on good terms throughout all of this.
However, since we are separated now, I am beginning to worry about the UCIS situation. What should I do about current address registered with them? Since my wife still lives at our original home, yet I would prefer all documentation to come to my address instead. Will this be an immediate red flag regarding my future AOS since her address will be listed as different to mine?
Secondly, I am aware of the troubles of marriages not working out before AOS just from reading this forum. I understand that entering on a K-1 didn't help me much either, (but at the time you never expect things to fail), however, I find it extremely frustrating that some couples are getting their AOS in parts of the country within 12 months, and yet mine is taking 30+. Not all marriages work out - that's just life.. but does the fact that the UCIS are taking so long help me in any way? I'd hate to be denied AOS whilst another couple in the state next door to mine got their successful interview after 6 months of filing, and then decided their marriage isn't working out.
It seems so unfair to be left hanging, whilst my wife and I are drifting further apart. We should be allowed to move on with both of our lives, yet we are forced into a weird limbo relationship because of the pending AOS.
I believe my wife would come with me to the AOS Interview, but then again - 6 months from now, who knows what the situation may be. I don't think divorce is going to happen anytime soon as I think we are both done with being married for a while, regardless of whom it's to!
I am a partner in a business that I set up with a friend here in the states. My life is here now, and I don't see going back to the UK as an option. I want to stay and be near my wife purely so that we can remain friends and stay in contact.
Is there anything we can do? - and does anyone have any advice for us please.
Many thanks in advance.
G
I've spent many nights on the search function of this forum - and I'd like thank the regulars here for providing such valuable information.
I do still however have a few questions I hope some of you may be able to answer for me.
My situation in brief:
I am UKC, entered on K-1 (2001), married USC (2001) filed for AOS (early 2002). It's been 24 months since filing and still no reply from UCIS regarding my AOS interview date. (According to the ucis website they are still processing I-485 apps from mid-2001).
At a rough guess, I'd say my AOS interview is still more than 6 months away, taking the total processing time to 30+ months.
Our marriage is not working out, I have been living separately from my wife for the last 4 months now. We are 5 mins away from eachother and talk every day but there is little hope of our marriage ever working out.
We have been together for over 5 years. We met in USA in 99, filed for marriage licences in 1999 & 2000 in America, and then decided we'd live in the UK instead (2000). In 2001, we changed out minds and came to USA to live, finally getting married late 2001.
Our marriage is more than bona fide
She is still very much my best friend and we've been on good terms throughout all of this.However, since we are separated now, I am beginning to worry about the UCIS situation. What should I do about current address registered with them? Since my wife still lives at our original home, yet I would prefer all documentation to come to my address instead. Will this be an immediate red flag regarding my future AOS since her address will be listed as different to mine?
Secondly, I am aware of the troubles of marriages not working out before AOS just from reading this forum. I understand that entering on a K-1 didn't help me much either, (but at the time you never expect things to fail), however, I find it extremely frustrating that some couples are getting their AOS in parts of the country within 12 months, and yet mine is taking 30+. Not all marriages work out - that's just life.. but does the fact that the UCIS are taking so long help me in any way? I'd hate to be denied AOS whilst another couple in the state next door to mine got their successful interview after 6 months of filing, and then decided their marriage isn't working out.
It seems so unfair to be left hanging, whilst my wife and I are drifting further apart. We should be allowed to move on with both of our lives, yet we are forced into a weird limbo relationship because of the pending AOS.
I believe my wife would come with me to the AOS Interview, but then again - 6 months from now, who knows what the situation may be. I don't think divorce is going to happen anytime soon as I think we are both done with being married for a while, regardless of whom it's to!
I am a partner in a business that I set up with a friend here in the states. My life is here now, and I don't see going back to the UK as an option. I want to stay and be near my wife purely so that we can remain friends and stay in contact.
Is there anything we can do? - and does anyone have any advice for us please.
Many thanks in advance.
G
Feb 2nd 2004, 2:18 am
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Separation before AOS/K-1 Entry/What to do about Addresses?
Originally posted by GodSpeed
Hi everyone,
I've spent many nights on the search function of this forum - and I'd like thank the regulars here for providing such valuable information.
I do still however have a few questions I hope some of you may be able to answer for me.
My situation in brief:
I am UKC, entered on K-1 (2001), married USC (2001) filed for AOS (early 2002). It's been 24 months since filing and still no reply from UCIS regarding my AOS interview date. (According to the ucis website they are still processing I-485 apps from mid-2001).
At a rough guess, I'd say my AOS interview is still more than 6 months away, taking the total processing time to 30+ months.
Our marriage is not working out, I have been living separately from my wife for the last 4 months now. We are 5 mins away from eachother and talk every day but there is little hope of our marriage ever working out.
We have been together for over 5 years. We met in USA in 99, filed for marriage licences in 1999 & 2000 in America, and then decided we'd live in the UK instead (2000). In 2001, we changed out minds and came to USA to live, finally getting married late 2001.
Our marriage is more than bona fide She is still very much my best friend and we've been on good terms throughout all of this.
However, since we are separated now, I am beginning to worry about the UCIS situation. What should I do about current address registered with them? Since my wife still lives at our original home, yet I would prefer all documentation to come to my address instead. Will this be an immediate red flag regarding my future AOS since her address will be listed as different to mine?
Secondly, I am aware of the troubles of marriages not working out before AOS just from reading this forum. I understand that entering on a K-1 didn't help me much either, (but at the time you never expect things to fail), however, I find it extremely frustrating that some couples are getting their AOS in parts of the country within 12 months, and yet mine is taking 30+. Not all marriages work out - that's just life.. but does the fact that the UCIS are taking so long help me in any way? I'd hate to be denied AOS whilst another couple in the state next door to mine got their successful interview after 6 months of filing, and then decided their marriage isn't working out.
It seems so unfair to be left hanging, whilst my wife and I are drifting further apart. We should be allowed to move on with both of our lives, yet we are forced into a weird limbo relationship because of the pending AOS.
I believe my wife would come with me to the AOS Interview, but then again - 6 months from now, who knows what the situation may be. I don't think divorce is going to happen anytime soon as I think we are both done with being married for a while, regardless of whom it's to!
I am a partner in a business that I set up with a friend here in the states. My life is here now, and I don't see going back to the UK as an option. I want to stay and be near my wife purely so that we can remain friends and stay in contact.
Is there anything we can do? - and does anyone have any advice for us please.
Many thanks in advance.
G
Hi everyone,
I've spent many nights on the search function of this forum - and I'd like thank the regulars here for providing such valuable information.
I do still however have a few questions I hope some of you may be able to answer for me.
My situation in brief:
I am UKC, entered on K-1 (2001), married USC (2001) filed for AOS (early 2002). It's been 24 months since filing and still no reply from UCIS regarding my AOS interview date. (According to the ucis website they are still processing I-485 apps from mid-2001).
At a rough guess, I'd say my AOS interview is still more than 6 months away, taking the total processing time to 30+ months.
Our marriage is not working out, I have been living separately from my wife for the last 4 months now. We are 5 mins away from eachother and talk every day but there is little hope of our marriage ever working out.
We have been together for over 5 years. We met in USA in 99, filed for marriage licences in 1999 & 2000 in America, and then decided we'd live in the UK instead (2000). In 2001, we changed out minds and came to USA to live, finally getting married late 2001.
Our marriage is more than bona fide
She is still very much my best friend and we've been on good terms throughout all of this.However, since we are separated now, I am beginning to worry about the UCIS situation. What should I do about current address registered with them? Since my wife still lives at our original home, yet I would prefer all documentation to come to my address instead. Will this be an immediate red flag regarding my future AOS since her address will be listed as different to mine?
Secondly, I am aware of the troubles of marriages not working out before AOS just from reading this forum. I understand that entering on a K-1 didn't help me much either, (but at the time you never expect things to fail), however, I find it extremely frustrating that some couples are getting their AOS in parts of the country within 12 months, and yet mine is taking 30+. Not all marriages work out - that's just life.. but does the fact that the UCIS are taking so long help me in any way? I'd hate to be denied AOS whilst another couple in the state next door to mine got their successful interview after 6 months of filing, and then decided their marriage isn't working out.
It seems so unfair to be left hanging, whilst my wife and I are drifting further apart. We should be allowed to move on with both of our lives, yet we are forced into a weird limbo relationship because of the pending AOS.
I believe my wife would come with me to the AOS Interview, but then again - 6 months from now, who knows what the situation may be. I don't think divorce is going to happen anytime soon as I think we are both done with being married for a while, regardless of whom it's to!
I am a partner in a business that I set up with a friend here in the states. My life is here now, and I don't see going back to the UK as an option. I want to stay and be near my wife purely so that we can remain friends and stay in contact.
Is there anything we can do? - and does anyone have any advice for us please.
Many thanks in advance.
G
Contact an EXPERIENCED immigration lawyer immediately. You have walked into a gray area of the law. There is case law which states that entry into a bona fide marriage to the petitioner within 90 days of entry is sufficient to satisfy the the requirements for a K-1 adjustment.
However, these case pre-date the 1986 "IMFA" amendments. There has been no case law since those amendments.
This is an issue of debate among immigration lawyerss.
