Niblet just got hitched to his Pinay!!

[DavenRoxy 1,073]

The majority of states will no longer give a state ID or drivers license unless the applicant proves legal status through at least an EAD and for some states a green card. There are a few states that do not check, but not that many any longer.

After the I-94 expires, what status does the K-1 visa entrant hold? Do they have an unexpired visa or unexpired I-94? Do they have a green card? Are they legally here awaiting adjudication of an application? Since you're so sure the K-1 can not be picked up, what legal status do they have to currently be in the country?

And since you want to know of a case where the k-1 was deported for waiting too long, here's a link to a case.

http://k1visaexperts.com/visa-to-usa/how-to-avoid-k1-visa-and-green-card-immigration-issues-avoid-uscis-deportation/

They had even applied for the green card at the point she was deported, but it was too late as they let it go so long she was already ordered to leave. This may not be a common occurrence, and many people wait with no issue at all, but that does not give the K-1 legal status in the USA once the I-94 expires. At least until they actually apply for the green card.

No offense to your link, but it doesn't have many facts. It may well be just a general story made up by the "Visa Experts" in order to get you to use their services. I saw no timeline at all. "They waited too long" is just a bit too generic for me, and the site is considerably less official than I was hoping for as a case study.

But I have seen here on VJ where people wait over a year to file AOS (I believe it was due to an emergency that drained all money), and in fact there are detailed instructions online on how to avoid paying twice by skipping the AOS process and just filing ROC. That means waiting about two years in an out of status condition. Which is perfectly legal for a K1'er, according to USCIS.

[DavenRoxy 1,073]

How does one get a drivers license/ID and then drive without a greencard or SSN? I assume international travel is also out in this situation?

I forgot to reply to the second part of your question... of course international travel is out of the question, unless you apply for and are granted advance parole (AP). How would she get back into the US without a visa? The K1 is only good for one entry. If she leaves again, she aint't getting back in.

[clairegie 265]

It's joke lang, not joke na lang. Get with the program, Mister!!

Why state ID, and not driving permit? Don't let her sit around and get stale over here, get her ready to work (or at least be able to run down to the store and buy your beers for ya!)

That's if she can still sit

[DavenRoxy 1,073]

That's if she can still sit

[Caryh 5,206]

No offense to your link, but it doesn't have many facts. It may well be just a general story made up by the "Visa Experts" in order to get you to use their services. I saw no timeline at all. "They waited too long" is just a bit too generic for me, and the site is considerably less official than I was hoping for as a case study.

But I have seen here on VJ where people wait over a year to file AOS (I believe it was due to an emergency that drained all money), and in fact there are detailed instructions online on how to avoid paying twice by skipping the AOS process and just filing ROC. That means waiting about two years in an out of status condition. Which is perfectly legal for a K1'er, according to USCIS.

But you still fail to answer the question what is her legal status in the states, since you keep claiming its totally legal to not adjust status after entry on the K-1.

I've never said you can't wait and adjust status late. The problem only comes in if the lack of status comes up due to interaction with the enforcement branches, such as border control agents or ICE. Then you're likely to get hauled before a judge and ordered to adjust status. Failure to show up to the court date, or failure to apply to adjust status at that point gets you a deportation. Technically and legally the k-1 is acquiring over stay days from the day the i-94 expires until the day they apply to adjust status. Those are forgiven as spouses of a citizen, but should the marriage fail, the K-1 is totally screwed. Deportable and with an overstay ban, should the time period be greater than 6 months after i-94 expiration.

[DavenRoxy 1,073]

But you still fail to answer the question what is her legal status in the states, since you keep claiming its totally legal to not adjust status after entry on the K-1.

I've never said you can't wait and adjust status late. The problem only comes in if the lack of status comes up due to interaction with the enforcement branches, such as border control agents or ICE. Then you're likely to get hauled before a judge and ordered to adjust status. Failure to show up to the court date, or failure to apply to adjust status at that point gets you a deportation. Technically and legally the k-1 is acquiring over stay days from the day the i-94 expires until the day they apply to adjust status. Those are forgiven as spouses of a citizen, but should the marriage fail, the K-1 is totally screwed. Deportable and with an overstay ban, should the time period be greater than 6 months after i-94 expiration.

I did reply. Her legal status is out of status.

I will share a direct quote with you from an email between myself, USCIS, and our local DMV. We were trying to get a DL for my wife, but the DMV said since her I-94 was expired, she wasn't "legal" anymore, and would not issue her a license. I got USCIS involved, and here's what they said:

"Good afternoon to both of you,

I do apologize that it took this long to get back with you on this matter. I spoke to a couple of my colleagues here in the office and it is not required to file the Adjustment of Status

application. Mr. Xxxxx’s wife has fulfilled her obligations by marrying the petitioner within the 90 day window from entry.

As for getting a license from DMV—it would be up to them as to what their guidelines are since the I-94 is now expired.

Mr. Xxxxxx's wife does not have work authorization so in fact would not be authorized to work at this point until the adjustment of status package was filed –which includes the work authorization form."

So USCIS said she fulfilled her obligation by marrying, and it is NOT REQUIRED to file for AOS. I lost the fight with the DMV, we did not get a DL without a NOA for the AOS. But that came a couple of months later.

You even said it yourself... forgiven as the spouse of a USC. So not deportable. Unless divorced. Or unless she's busted for selling illegal drugs. Or commits murder. The list goes on...

Edited December 18, 2013 by DavenRoxy

[OnMyWayID 1,489]

So if an immigrant gets married on a K-1 within the 90 days they can stay the rest of their lives without fear of any adverse actions? I'm asking.. I understand they can't travel, work, etc.. but they are in no danger of getting pulled over, found out, and deported ever? What if they get divorced later on does anything change?

Edited December 18, 2013 by OnMyWayID

[Caryh 5,206]

I did reply. Her legal status is out of status.

I will share a direct quote with you from an email between myself, USCIS, and our local DMV. We were trying to get a DL for my wife, but the DMV said since her I-94 was expired, she wasn't "legal" anymore, and would not issue her a license. I got USCIS involved, and here's what they said:

"Good afternoon to both of you,

I do apologize that it took this long to get back with you on this matter. I spoke to a couple of my colleagues here in the office and it is not required to file the Adjustment of Status

application. Mr. Xxxxx’s wife has fulfilled her obligations by marrying the petitioner within the 90 day window from entry.

As for getting a license from DMV—it would be up to them as to what their guidelines are since the I-94 is now expired.

Mr. Xxxxxx's wife does not have work authorization so in fact would not be authorized to work at this point until the adjustment of status package was filed –which includes the work authorization form."

So USCIS said she fulfilled her obligation by marrying, and it is NOT REQUIRED to file for AOS. I lost the fight with the DMV, we did not get a DL without a NOA for the AOS. But that came a couple of months later.

You even said it yourself... forgiven as the spouse of a USC. So not deportable. Unless divorced. Or unless she's busted for selling illegal drugs. Or commits murder. The list goes on...

She fulfilled her requirement to the K-1 visa to be able to adjust status. That does not mean she has a legal presence here. Just like someone who comes on a visitors visa, and doesn't leave, they are also legally out of status. Or someone on a student visa who isn't going to school, also out of status.

OK below is straight from the USCIS site

Notice what rights the K-1 has after the visa is issued, the wording is "apply and remain while USCIS processes the the application". It doesn't say you may remain in the USA without applying. I mean plenty of people get away with it, happens all the time. And the worst case is you'll be ordered to adjust or leave. Well maybe the worst is you're ordered to adjust, don't have the money and get deported or a divorce occurs and the K-1 gets deported. Out of status does not mean someone has a legal presence. Its a heck of a lot better than unlawful status, but it still doesn't make it a legal presence.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” section.

Edited December 18, 2013 by Caryh

[Umka36 781]

Marrying a US citizen does not provide any legal status to stay in the US, they AOS provides this (you could argue that Out of Status is a legal status, but not in my eyes).

A K1 immigrant divorcing prior to AOS would suck, because they would have no legal basis to adjust from. The only way would be to remarry the original petitioner or claiming VAWA. If they remarry someone else, they would have to leave the US and start the IR1/CR1. There is also a potential of having a ban in place when they leave the US dependent on how much overstay they have accrued.

[Bugs 455]

Come on guys, it's Niblet. Do you really think he's making 125k and bought a 68k pickup and has no money or planning capabilities for the AOS?

He's playing you all just like he played you all into thinking the gal in his avatar is his 3rd Filipina fiancé.

At least he's entertaining lol.

Edited December 18, 2013 by Leon & Mylen

[Bugs 455]

In response to the later debate, there is no expiration as to when you can file for the AOS, but that should not be confused with your legal status in being here.

Edited December 18, 2013 by Leon & Mylen

[Darnell 8,478]

Hey Niblet - what's yer current plan?

[Niblet 22]

Hey Niblet - what's yer current plan?

Well I have to pay 1,000.00 to get my tooth fixed,

then its 1,000.00 for Harley insurance,

then scrape up 1,000.00 for the green card

then 1,000.00 to get the driving license,,,,,,,

all next month,,,,anyone want to donate to the "Niblet fund"?

[Darnell 8,478]

I think you should auction off a testicle, should raise over 2 million dollars on eBay.

[Umka36 781]

Nope. As I tell people at work, your poor planning is not my problem. If you are being serious, you really need to learn to prioritize things.