I have read the Story

[frostysoftyeaton 6]

I have read the story about the girl who detained because she hasn't filed for her AOS yet and was out of status, that was scary. My concern is, we are just about to file for my AOS next month but prior to that, were going to Biloxi Mississippi for my Vaccination appointment and my visa expires tomorrow February 14, 2009, I just want to know, what necessary documents do I need to bring if somethings come up along the way.

[William33 110]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

[frostysoftyeaton 6]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

Yeah I am really getting worried about it. Do you think it will be sufficient too if I'll bring with me my state Id and social security card?

Edited February 14, 2009 by frostysoftyeaton

[Dakine 26]

Here's the story!

arrived at san franscisco -august 1,2007

got married--- sept 8,2007

and my us visa- expired january 8, 2008

me and my husband went to mission,texas --> january 16,2009

got stopped at the boarder patrol checkpoint-->january 17,2009

while we were heading back to louisiana

willacy detention center, raymondville texas --> from january 18,2009- january27,2009

REASONS:

my visa expired and havent filed for aos yet. and according to UNDER SECTION 240 of the immigration and nationality act

1. I was admitted to the united states at san francisco, california on or about august 1, 2007 as a non-immigrant fiance (k1) with authorization to remain in the united states for a temporary period not to exceed 90days.

2.I remained in the u.s. beyond october 31, 2007 [91 days] without authorization from the immigration and naturalization service.

this is because i didnt file for i30 and i485. even if you got married to american citizen. and your visa expired but still havent file for a.o.s. this is consider "illegal" "overstaying" "out of status"

this would be fine if you didnt get caught. but my problem is i got caught.

She now has to go to court in Texas for removal proceedings. Lawyer costing her $5,000!!

[frostysoftyeaton 6]

Here's the story!

arrived at san franscisco -august 1,2007

got married--- sept 8,2007

and my us visa- expired january 8, 2008

me and my husband went to mission,texas --> january 16,2009

got stopped at the boarder patrol checkpoint-->january 17,2009

while we were heading back to louisiana

willacy detention center, raymondville texas --> from january 18,2009- january27,2009

REASONS:

my visa expired and havent filed for aos yet. and according to UNDER SECTION 240 of the immigration and nationality act

1. I was admitted to the united states at san francisco, california on or about august 1, 2007 as a non-immigrant fiance (k1) with authorization to remain in the united states for a temporary period not to exceed 90days.

2.I remained in the u.s. beyond october 31, 2007 [91 days] without authorization from the immigration and naturalization service.

this is because i didnt file for i30 and i485. even if you got married to american citizen. and your visa expired but still havent file for a.o.s. this is consider "illegal" "overstaying" "out of status"

this would be fine if you didnt get caught. but my problem is i got caught.

She now has to go to court in Texas for removal proceedings. Lawyer costing her $5,000!!

Yep I have read the story from beginning to end ad that's scary

[William33 110]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

Yeah I am really getting worried about it. Do you think it will be sufficient too if I'll bring with me my state Id and social security card?

All evidence on hand will help, in the unlikely event you are stopped and questioned.

The USA is not a communist state, where all movements are questioned. Your chances of interrogation by Border or local Law Enforcement = nearly zero.

Regards.

[frostysoftyeaton 6]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

Yeah I am really getting worried about it. Do you think it will be sufficient too if I'll bring with me my state Id and social security card?

All evidence on hand will help, in the unlikely event you are stopped and questioned.

The USA is not a communist state, where all movements are questioned. Your chances of interrogation by Border or local Law Enforcement = nearly zero.

Thank you so much now my husband sounded like his upset because I'm worried for nothing. Just can't help it.

Regards.

[rouguewave 7]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

William33,

Whether or not it was true in the past, your statement (bolded) appears to be NOT correct now. If you read the story the OP posted, which can be found in its source in another forum (link below) you will see that the woman WAS married within 90 days of her arrival. They had just not yet filed AOS application. In spite of the fact that they had a marriage certificate faxed to the Border Patrol station, the wife was detained in the WILLACY DETENTION CENTER from Jan 17-27 and has to return to appear for a Deportation Hearing (unless she mis-understood) on Mar 11, 2009.

Please don't mis-represent this, as it has potentially serious consequences for those who cannot, will not, or have not done a prompt AOS application.

http://www.theworldoffilipinas.com/forum/i...showtopic=15820

[rouguewave 7]

Relax.

If you were married within 90 days of arrival, You are in a protected status. Given your compliance with the requirements of the K-1 Visa, you are allotted time to get the AOS accomplished. If asked, present your passport and a copy of your marriage certificate and if available, a copy of your AOS application..

Generally, you will not be challenged on your status.

Yeah I am really getting worried about it. Do you think it will be sufficient too if I'll bring with me my state Id and social security card?

All evidence on hand will help, in the unlikely event you are stopped and questioned.

The USA is not a communist state, where all movements are questioned. Your chances of interrogation by Border or local Law Enforcement = nearly zero.

Regards.

William33,

It is not that movements are questioned, rather ICE taking advantage of opportunities to contact individuals in locations where they might be trying to enter (or exit) the country, as well as where they are likely to be living, or working. I've placed a link below of another example where individuals were confronted on an AMTRAK train from upstate NY to NYC. I could also post stories (from Washington Post) where local Law Enforcement are requesting proof of legal status during routine stops, and local municipal business license offices are requiring them prior to issuing licenses.

Please don't minimize the possibility. I think it is better to encourage people to get their AOS application done and submitted within the appropriate timeframe, rather than minimizing the risk of getting caught.

http://www.theworldoffilipinas.com/forum/i...showtopic=12790

[Jasman0717 9]

I wouldn't worry, enjoy your trip

[Jasman0717 9]

I found this on an attorney's web site:

When should K-1 and K-3 visa holders apply to adjust status?

For K-1 visa holders, applications for permanent residence status should be filed within 90 days of arrival in the US. As K-1 visa holders must submit a marriage certificate as part of the application process, marriage plans should be made with this deadline in mind.

K-3 visa holders may file for permanent residence status as soon as their immigration petition is approved.

[ChristophandEvan 0]

Kinda scary now,i'm travelling with my husband every now and then coz he is a truck driver,an owner operator and the company he is leased to allowed me to be with him anytime i want coz my husband presented documents that we're legally married,we're from Texas and sometimes travelled to LAREDO and EL PASO where a lot border patrol,last January 5, we passed the ELPASO border and they asked my passport and my husband told him that we're married already but that time we didnt filed my AOS yet we passed LAREDO border also the next day and my husband told the officer again that we're married already,he just scanned my passport and get it back to me.Gosh im glad that i was not detained coz my k1 visa was already expired that time,so i think the best way is to file the AOS asap before the expiry date,my husband thought that it's okay if we filed the AOS later than 3 months but when i showed to him and let him read the horror story in the this site,he then agreed with me to prevent further problems along the way.

[pushbrk 12,883]

I have read the story about the girl who detained because she hasn't filed for her AOS yet and was out of status, that was scary. My concern is, we are just about to file for my AOS next month but prior to that, were going to Biloxi Mississippi for my Vaccination appointment and my visa expires tomorrow February 14, 2009, I just want to know, what necessary documents do I need to bring if somethings come up along the way.

Your visa died upon your entry to the US. It's expiration date has absolutely no meaning since the moment you were admitted to the USA. Your I-94 gave you status for 90 days. You are now out of status. That's generally not a problem. Your status will change to "pending adjustment of status" as soon as you file the I-485.

[Dakine 26]

I found this on an attorney's web site:

When should K-1 and K-3 visa holders apply to adjust status?

For K-1 visa holders, applications for permanent residence status should be filed within 90 days of arrival in the US. As K-1 visa holders must submit a marriage certificate as part of the application process, marriage plans should be made with this deadline in mind.

K-3 visa holders may file for permanent residence status as soon as their immigration petition is approved.

Is his lawyer saying a K3 can apply to adjust status before coming to the US?

DON't trust attorney websites. Some are wrong and some are outdated!

[Melrose Plant 1]

K1 timeline:

April 7, 2008 - sent I-129f to VSC

April 10, 2008 - VSC received petition

April 18, 2008 - NOA1 hard copy received

May 9, 2008 - touched

July 14, 2008 - touched

July 15, 2008 - NOA2 (99days)

Aug.14-15,2008-Medical PASSED

Aug.22,2008-Interview PASSED (Pink Slip Only)

Aug.29,2008-VISA ON HAND

Sept.3,2008-POE Houston TX

!!!!!!!!!