Filing AOS within a certain time

[LovinLiberia 0]

My husband arrived on a K-1 in Sept 2007. We got married within the 90 day period, but we didn't have the money to file AOS right away. Well, we have the money and everything ready and we planned to file by the end of next week. Today I mentioned this to another VJ'er and this is the response I was given:

Yikes. It’s been more than 90 days since your husband arrived! That means that K1 visa has expired along with his I-94 arrival and departure record. His legal status is only protected in that 90 day window that the K1 is valid. A few days or weeks might have been okay, but not a few months. Okay, I digress and I don’t mean to freak you out, but you probably have a big problem on your hands. He can’t legally work or travel without the AOS. You may want to consult a lawyer before filing with USCIS. On a lighter note, you may have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. He will have to have another medical exam, and you will need to be prepared to answer questions about why you did adjust his status within 90 days. In effect, your husband is currently an out-of-status alien who is adjusting status based on marriage to a US Citizen. The K1 fiance window is closed.

Is this true?? Do we have a big problem on our hands and do I need to file something extra?? I'm confused and a little freaked out because I thought it would be ok. Has anyone else had this problem???

[YuAndDan 153]

NO you will NOT have to file an I-130, this only has to be filed if you married AFTER the I-94 expiration date.

FAQs:

6.1)...How soon after we get married should we apply for Adjustment of Status?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.13

[LovinLiberia 0]

OMGGGGGGGGGG, I could kiss you! Thanks!! So basically, I'm still cool, right?

[YuAndDan 153]

OMGGGGGGGGGG, I could kiss you! Thanks!! So basically, I'm still cool, right?

Yes, you are fine, but it is recommended to file the AOS ASAP, the "over-stay" will be forgiven based on marriage to a US Citizen.

Pay the other VJer NO Mind.

[LovinLiberia 0]

Thanks again...now I'm wondering if she told that to me as an April Fools joke...

[YuAndDan 153]

Thanks again...now I'm wondering if she told that to me as an April Fools joke...

I hope not, it is not nice to play jokes with serious questions. That behavior belongs in off-topic.

[Leafgal 3]

I am going to add to that we didn't file for AOS for much longer than you and so far all seems to be going fine. I understand from our lawyer that as soon as we filed for my AOS that I was no longer out of status anymore. So relax and I am sure it will all be fine.

[Gaby&Talbert 1]

I wonder what would happen if a local police officer were to pull someone over and ask for their visa and see that the I-94 expired? Do you think they would detain you? I know here where I live they probably would, there are stories all the time in the local paper where people are detained because they did not have proof with them to show legal status.

[YuAndDan 153]

I wonder what would happen if a local police officer were to pull someone over and ask for their visa and see that the I-94 expired? Do you think they would detain you? I know here where I live they probably would, there are stories all the time in the local paper where people are detained because they did not have proof with them to show legal status.

They don't do that in the USA, the only person who have that authority to ask for immigrations status are CBP officers.

[Gaby&Talbert 1]

I wonder what would happen if a local police officer were to pull someone over and ask for their visa and see that the I-94 expired? Do you think they would detain you? I know here where I live they probably would, there are stories all the time in the local paper where people are detained because they did not have proof with them to show legal status.

They don't do that in the USA, the only person who have that authority to ask for immigrations status are CBP officers.

NOT TRUE police all over the country are training so they can ask about status. Our local police have been doing this for the last year. Since my wife is from Mexico and we have met many poeple here from Latin America, some legal and some not, whenever someone we know has a friend or relative pulled over and asked for papers but they are here illegally they are arrested. ICE officers have been also following the local police around and if someone is pulled over and looks or sounds foreign, they are asking for proof they are here legally.

And also TSA is also asking if you fly domestically in the US if they want to.

Edited April 1, 2008 by Gaby&Talbert

[LovinLiberia 0]

I wonder what would happen if a local police officer were to pull someone over and ask for their visa and see that the I-94 expired? Do you think they would detain you? I know here where I live they probably would, there are stories all the time in the local paper where people are detained because they did not have proof with them to show legal status.

They don't do that in the USA, the only person who have that authority to ask for immigrations status are CBP officers.

NOT TRUE police all over the country are training so they can ask about status. Our local police have been doing this for the last year. Since my wife is from Mexico and we have met many poeple here from Latin America, some legal and some not, whenever someone we know has a friend or relative pulled over and asked for papers but they are here illegally they are arrested. ICE officers have been also following the local police around and if someone is pulled over and looks or sounds foreign, they are asking for proof they are here legally.

And also TSA is also asking if you fly domestically in the US if they want to.

They may be stepping up their game now, but I was married to an illegal Mexican and he was arrested twice and never deported nor asked of his status. At that time (2005-ish) the police were not working with ICE so they couldn't do anything to deport him.

I am going to add to that we didn't file for AOS for much longer than you and so far all seems to be going fine. I understand from our lawyer that as soon as we filed for my AOS that I was no longer out of status anymore. So relax and I am sure it will all be fine.

Thanks, at least I feel better knowing that I am not the only one who waited a while. I appreciate everyone's responses.

[robertcolt46 0]

I am a police officer. State, County and Local police cannot enforce immigration laws. (If we could, there pobably would not be 20 million ILLEGAL immigrants here!)

If we have reason to arrest someone who we suspect may be an illegal immigrant, we MUST notify ICE agents to investigate the status of the person.

If your husband has a driver's license issued by the state you live in, he does not have topresent anything else. IF NOT, tell him not to drive! In most states, you can be arrested for this. Then he would be taken to jail and ICE would then be notified. Trust me, ICE is very busy with much more than someone like your husband.

[LovinLiberia 0]

Trust me, ICE is very busy with much more than someone like your husband.

When my ex and I were divorcing, I called ICE and gave them a direct address, time, and description to come and get him. 2008 and he is still happily in the US.

[Gaby&Talbert 1]

I am a police officer. State, County and Local police cannot enforce immigration laws. (If we could, there pobably would not be 20 million ILLEGAL immigrants here!)

If we have reason to arrest someone who we suspect may be an illegal immigrant, we MUST notify ICE agents to investigate the status of the person.

If your husband has a driver's license issued by the state you live in, he does not have topresent anything else. IF NOT, tell him not to drive! In most states, you can be arrested for this. Then he would be taken to jail and ICE would then be notified. Trust me, ICE is very busy with much more than someone like your husband.

It all depends on the local politics and how much they dislike illegal immigrants.

under the 1996 Immigration and Nationality Act any state or local law enforcement agency can request permission to enforce immigration law.

http://nwanews.com/bcdr/News/53983/

I have seen story after story of local police getting training to enforce immigration law and they say they will only check status on people arrested but this is not true. Our local police have taken it to the streets and if they hear an accent then they ask for papers to prove status. They also do not publish the names of people detained for immigration violations because they claim it is a federal case so they are not required to release any information on non citizens. They also refuse visitation for the same reasons.

[payxibka 10,047]

Trust me, ICE is very busy with much more than someone like your husband.

When my ex and I were divorcing, I called ICE and gave them a direct address, time, and description to come and get him. 2008 and he is still happily in the US.

Divorce causes someone to become illegal?