"She gets all the room she wants," he says with a smile. "It's all hers." And, in return, where does Foley get to call the shots? "The TV," he says laughing. "She may kick (backside) on television, but when it comes to the remote, I'm in charge."

Foley and Garner have been together five years and have been married for two of them. He's secure enough to admit that he can be envious of her success.

But with the arrival of "A.U.S.A.," his first starring vehicle, Foley can now make his own name. The situation comedy has Foley playing Adam Sullivan, a talented attorney who's inept in his personal life. The opener (9:30 p.m. Tuesday on NBC) shows Adam trying to survive his first day as a Federal prosecutor in New York City.

His arm is in a cast. He accidentally hits on two female jurors, and his new boss isn't pleased with him. He's bumbling, stumbling and mumbling, not at all how Foley comes across in an interview.

The 32-year-old Kansas City native is self-effacing, personable and candid. As a child, he and his family lived around the world, including Japan and Australia, because of his father's career in international banking. His mother died when he was 15.

After graduating from high school, he moved to Los Angeles to begin his acting career. To make ends meet, he sold insurance and then managed restaurants.

During his lean years, he worked for Mrs. Field's cookies and, some days, lived off the confections because he had no money for food. In 1997, he auditioned and won the role of Noel Crane on "Felicity," which is where he met Garner. He also had a recurring role on "Dawson's Creek."

By the late 1990s, Foley was becoming the face of the WB network. Now, with "A.U.S.A.," Foley says he gets to play with the adults. "A.U.S.A.," he says, came along while he was still on "Felicity." When "Felicity" ended, Foley was approached about the show again. He wasn't sure if he wanted to do it.

"I wasn't looking" for a series, he says. "It had been a long four years (on 'Felicity'). It was such a great show to be a part of. I wasn't sure if I could find anything that could live up to it. "And this came along."

He says he liked the character-driven writing of it. In case Foley did not do the series, creator Rich Appel says he auditioned other actors. But his heart was set on Foley, despite the fact he has never done a sitcom: "His instincts with comedy and his light touch are just natural," Appel says.

On a professional front, too, "A.U.S.A." could be the vehicle that allows Foley to stand outside the shadow of his more famous wife. "Alias" has been a hit on ABC for more than a year, and Garner's film career has bloomed, too. She'll appear in the upcoming "Daredevil" movie with Ben Affleck in February. Between their two careers, Foley jokes he never sees his wife anymore.

"She was able actually to come to the taping last week (of 'A.U.S.A.'), and we didn't think she'd be able to make one at all," Foley says.

"That's about all I'm going to ask from her at this point."

© Knoxville News-Sentinel 2003

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