Niblet just got hitched to his Pinay!!

[aaron2020 11,651]

But if he listens to some on here, we will run around in a panic. According to some people, not filing AOS right away means you are out of status, and deportable...

Going through this thread, you are the first person to bring up deportation. No on else had mentioned it.

You are also wrong.

A K-1 has 90 days in the US. Without an AOS after 90 days, the K-1 does go out of status and becomes a visa overstay. So, you are wrong on this point.

A visa overstay can be arrested and detained by ICE because she has no legal status in the US. If you diagree with this, then please tell us what document she can produce to show legal status to an ICE agent if she unfortunately runs into one.

Her saving grace from deportation is a legal entry and a USC husband who can adjust her. She would be given the opportunity to file for an AOS. If they don't file for AOS, then she can be deported.

Being out of status and being deportable does not mean she will be deported. There is a difference.

[Darnell 8,478]

relax Aaron - there was a reference to 'some people'.

[DavenRoxy 1,073]

Going through this thread, you are the first person to bring up deportation. No on else had mentioned it.

You are also wrong.

A K-1 has 90 days in the US. Without an AOS after 90 days, the K-1 does go out of status and becomes a visa overstay. So, you are wrong on this point.

A visa overstay can be arrested and detained by ICE because she has no legal status in the US. If you diagree with this, then please tell us what document she can produce to show legal status to an ICE agent if she unfortunately runs into one.

Her saving grace from deportation is a legal entry and a USC husband who can adjust her. She would be given the opportunity to file for an AOS. If they don't file for AOS, then she can be deported.

Being out of status and being deportable does not mean she will be deported. There is a difference.

I never said it was mentioned in this thread, I said "some here on VJ". Thank you for proving my point so quickly.

No, I am not wrong. A K1 visa expires the day of POE (it is only good for entry to the US). The 90-day window is simply to get married, and is covered by the I-94 (not the K1 visa). AOS is not required in this window.

If, as you say, "they don't file for AOS, then she can be deported" then at what point in the space/time continuum WOULD the person be deported?

Show me one single documented case where a K-1 was deported for being out of status because they didn't file AOS "quickly enough". Not just your interpretation of the law, but an actual deportation of a K1 overstay.

I think we are kinda saying the same thing, I agree that not filing for AOS means one is out of status, but unlike a visitor or education visa, being out of status is not a deportable offense that I can find anywhere.

[Niblet 22]

ok so she MAY be out of status for a month or so,,will this impact receiving her temp work/travel papers

after I file AOS?

Actually I had no earthly idea the AOS cost so much,,what a complete rip off,,,

it should be free,,I pay taxes,,,and I'm a veteran.

I will come up with the cash next month so uncle sugar will have to wait.

[David & Diana R 1,005]

well, since he has a clear title on the truck,

it's easy to get a title loan for up to 50K.

But that's a side issue.

Who has time to study, with a woman ruling his life, taking over the house, and re-arranging the toiletries?

Oh yes, the re-arranging of toiletries.... hahahaha I can actually find things now when I need them.

Mele Kalikimaka

[OnMyWayID 1,489]

Ga! guy.. really.. if you have no spare money around take out a credit card and do a money advance.. the fee will be around 3 to 5% based on the card.. That's a fifty dollar penalty which is a grand grand gift for this lack of planning.

edit: So how long does a person have to file AOS.. at what point is it too late to file?

Edited December 17, 2013 by OnMyWayID

[I AM NOT THAT GUY 5,715]

Where are the wedding pictures?

[Lokie 5]

Where are the Honeymoon pictures ?

[I AM NOT THAT GUY 5,715]

Where are the Honeymoon pictures ?

[Caryh 5,206]

But if he listens to some on here, we will run around in a panic. According to some people, not filing AOS right away means you are out of status, and deportable...

Technically, yes she is out of status and deportable. In practice, the only time you need worry is if you're passing through immigration check points. If she should get picked up, something that would suck, a judge would order them to file the AOS within so many days and release her. Most people don't live anywhere near where someone would get checked, so its not a big issue to wait a bit.

I planned and set aside the AOS cash before my wife got here to. But I ended up dipping partly into it during the wedding and had to wait a couple weeks. We still filed 21 days before the I-94 expired, but I wasn't worrying about that date. I was worrying about my wife who was so used to working she was going stir crazy stuck in the house.

[Caryh 5,206]

ok so she MAY be out of status for a month or so,,will this impact receiving her temp work/travel papers

after I file AOS?

Actually I had no earthly idea the AOS cost so much,,what a complete rip off,,,

it should be free,,I pay taxes,,,and I'm a veteran.

I will come up with the cash next month so uncle sugar will have to wait.

There will be no impact on receiving her EAD/AP or green card, by waiting a bit. Even those that wait a long time, just explain they didn't have the money, and its all good. But we're talking people waiting over a year. Some wait so long, they push it so long they ten year green card and avoid removal of conditions. Problem is she can't work, can't drive, can't get an ID etc... Even reporting the marriage to the Philippine consulate and they want to see a copy of the EAD or green card.

Ga! guy.. really.. if you have no spare money around take out a credit card and do a money advance.. the fee will be around 3 to 5% based on the card.. That's a fifty dollar penalty which is a grand grand gift for this lack of planning.

edit: So how long does a person have to file AOS.. at what point is it too late to file?

Its too late to file after the divorce. Or if she does get checked by ICE and brought before a judge, its too late after the judge's final date goes by.

[Niblet 22]

Where are the Honeymoon pictures ?

the honey moon was back at the house. My mom is visiting so I had to keep the noise down

for a visual just think 300 pound whale on 110 pound little pinay

quite scary actually,,,,

[David & Diana R 1,005]

ok so she MAY be out of status for a month or so,,will this impact receiving her temp work/travel papers

after I file AOS?

1.) Actually I had no earthly idea the AOS cost so much,,what a complete rip off,,,

it should be free,, 2.) I pay taxes,,,and I'm a veteran.

I will come up with the cash next month so uncle sugar will have to wait.

1.) Planning, planning, planning?

2.) So who should pay for it, me? I pay taxes too...

[clairegie 265]

the honey moon was back at the house. My mom is visiting so I had to keep the noise down

for a visual just think 300 pound whale on 110 pound little pinay

quite scary actually,,,,

[Niblet 22]

1.) Planning, planning, planning?

2.) So who should pay for it, me? I pay taxes too...

why shouldnt I get a piece of uncle sugars pie?

everyone else is doing it,,, its a race to the bottom

I just want as much as I can until the bottom falls out