I have read the Story

[shakira08 0]

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.

IT ALSO WORRIES ME HERE BECOZ WERE' BOOKED TO TRAVEL THIS WEEK. IM OUT OF STATUS RIGHT NOW. IT IS SAFE TO TRAVEL DOMESTICALLY. WE SET TO FLY THIS WEEK AND ITS ALREADY BEEN BOOKED....PLS NEED MORE INFO.PLS?..I HAVE DOCUMENTS W/ ME LIKE MARRIAGE CERTIFCATE, MARRIAGE LICENSE, DATED PASSPORT AND I-94...

[rebeccajo 14]

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

!!!!!!!!!

?????????????

[vanee 13]

I can't tell you if it's safe for you to travel within the US at this stage. I flew to another state when my I-94 had expired and I hadn't applied for AOS yet, and the question about my status never came up despite my using a Canadian passport and travelling with my husband. The stories in this thread aren't typical. But unfortunately, they happened.

[rebeccajo 14]

For an alien to have a protected status, they have to be in status.

If you are outside any dated window of any document issued to you by the service, you are out of status and therefore have no protections.

Even aliens who have filed for adjustment have no technical legal status. They have no document they can show indicating 'what' they are - ie VWP traveler; K1 beneficiary; permanent resident. If an alien has filed to adjust their status, then ICE and USCIS recognize them as non-removable until a decision on the case is rendered. Other law enforcement agencies may not be as sophisticated.

I have always disliked the discussions as to whether or not it is 'safe' to delay filing for adjustment past the date of the K1 entrants I94. But I rarely enter those discussions because anecdotally aliens who play this game of russian roulette don't get caught. But frankly, that is the game one is playing - let's hope I don't caught.

The game is played by working under the assumption that the overstay is forgiven by the Service by virtue of marriage to a USC. Technically that overstay isn't forgiven until greencard is in hand. And one certainly isn't likely to have a greencard on the way if they haven't even filed for one.

Bottom line - if you are out of status you are potentially removable. Not filing right away just because ICE is busy is (to put it mildly) extremely careless.

Edited February 15, 2009 by rebeccajo

[Reba 2]

From what I've read, it is mainly Texas that is screening for out of status immigrants at border check-points. If you're not going to Texas, you may be ok.

The point is however, that if you entered the US on K1, and if your I-94 is expired and you have not yet applied for AOS, you are technically out of status, and should send in your applications ASAP, to reduce the risk of deportation. This has always been the case, they just seem to be enforcing it a little more striktly now for some reason.

K3 technically cannot apply for AOS until the I-130 is approved. Sometimes lately that is at the same time as the I-129F, sometimes before, and years ago, it was usually sometime *after* the beneficiary had moved to the US, as it was when I got my K3. So that quote posted above is correct.

[rebeccajo 14]

From what I've read, it is mainly Texas that is screening for out of status immigrants at border check-points. If you're not going to Texas, you may be ok.

The point is however, that if you entered the US on K1, and if your I-94 is expired and you have not yet applied for AOS, you are technically out of status, and should send in your applications ASAP, to reduce the risk of deportation. This has always been the case, they just seem to be enforcing it a little more striktly now for some reason.

K3 technically cannot apply for AOS until the I-130 is approved. Sometimes lately that is at the same time as the I-129F, sometimes before, and years ago, it was usually sometime *after* the beneficiary had moved to the US, as it was when I got my K3. So that quote posted above is correct.

Reba -

Many states are busily crafting laws to do what they believe the Service is not doing - keep out illegal entrants. Google 'drivers license requirements for aliens' and see what you find.

For instance, in my state of residence (West Virginia) the Department of Motor Vehicles will issue a license to an alien but they must produce several documents including their birth certificate; two proofs of residence; a Social Security card; and a document issued by the Service. They will not issue a driver's license with a date beyond the expiry of that Service document. This means that even 10-year greencard holders cannot get a driver's license past the date on their card. Conditional residents will be offered a license but not beyond the date of their extension letter.

I bring this up because it will become a larger issue for aliens in this country as States and other municipalities continue to write laws that very narrowly define legal presence. A State may not be able to remove an alien, but they can make it very difficult for them to live and work within their borders. Given this environment, why would anyone play with that kind of fire?

[TBoneTX 46,272]

RJ is accurate in everything that she has said here. I must disagree with the early comment by William33, who (for the record, in my opinion) is a boon -- if not a godsend -- to VJ.

The Customs & Border Protection internal checkpoints within Texas (50 to 80 miles from the Mexican border, plus wherever else) are established in order to determine who has the legal right to be and remain in the U.S. Interpretations are narrowing to the stage where the entire southern part of Texas (south of these internal CBP checkpoints) is increasingly referred to as "the De-Constitutionalized Zone." The Fourth Amendment (for one) is out the window. "Your papers, Comrade!"

Even I, a born U.S. citizen, was harassed more than once at the infamous internal checkpoint south of Alpine, Texas (in the CBP's Marfa Sector). I do not see why or how a U.S. citizen can be detained until he answers "where are you going?" ... or why the truthful answer "northward, over the top of that hill" is unacceptable. Next time, I plan to try saying (pleasantly) "Sir, as fellow U.S. citizens, you & I both know -- without the need for ONE WORD of further discussion -- that we are each free to go anywhere within our country that we please. Isn't that the GREATEST THING about our country, sir?"

If that doesn't result in a "you're free to go" response, I will ask for the supervisor on duty and repeat that reasoning, then ask (again, pleasantly) "How am I wrong, sir?"

The only temporary blessing is that in Texas, to my current knowledge, CBP agents do not have the status or power of certified peace officers.

[Wabbit R 0]

Hey, just get all of your paperwork done like you're supposed to... Make it a priority. I wouldn't risk getting detained somewhere for reasons that could've been avoided in the first place.

[Barry and Jackie 0]

It seems to me that this couple who are in trouble were kind of asking for it (No, I am not been horrible here!), I mean the person in question arrived in August 2007 and was caught in January of 2009!!!! I am confused by this because the length of days by the time the visa expires is 160-days, I thought the K-1 visa was only meant to last 90-days!!! Think about it, 376 days including the day they caught passed the visa expiry date! This looks dodgy and of course it is going to be questioned by the authorities, they have absolutely no evidence showing that they plan to file for AOS. A marriage license proves nothing when it comes to showing somebody is legit, I mean how many people are there that have married somebody just to get into a different country?

I do hope they are able to get this sorted because I am sure it was just a mistake on their part and hopefully the authorities will see this. In the end the best thing is to get the AOS sorted ASAP and have one less thing to worry about.

Edited February 16, 2009 by Barry and Jackie

[M. 0]

For an alien to have a protected status, they have to be in status.

If you are outside any dated window of any document issued to you by the service, you are out of status and therefore have no protections.

Even aliens who have filed for adjustment have no technical legal status. They have no document they can show indicating 'what' they are - ie VWP traveler; K1 beneficiary; permanent resident. If an alien has filed to adjust their status, then ICE and USCIS recognize them as non-removable until a decision on the case is rendered. Other law enforcement agencies may not be as sophisticated.

I have always disliked the discussions as to whether or not it is 'safe' to delay filing for adjustment past the date of the K1 entrants I94. But I rarely enter those discussions because anecdotally aliens who play this game of russian roulette don't get caught. But frankly, that is the game one is playing - let's hope I don't caught.

The game is played by working under the assumption that the overstay is forgiven by the Service by virtue of marriage to a USC. Technically that overstay isn't forgiven until greencard is in hand. And one certainly isn't likely to have a greencard on the way if they haven't even filed for one.

Bottom line - if you are out of status you are potentially removable. Not filing right away just because ICE is busy is (to put it mildly) extremely careless.

This. Period.

[M. 0]

I just wanted to 2nd this and add what I've posted in another topic -- in NJ, laws were recently crafted so that if you're a PASSENGER in a car that's stopped for any reason--reasons that may have nothing to do with you as a passenger, the officer has the legal right to ask for proof of status in the US. If you are out of status, he has the right to detain you in order to call ICE.

Things are changing -- it's not the same way it used to be. AND, as someone who adhered as strictly as possible to all time lines with my husband's applications (K1, AOS, ROC) I'm a bit glad there's going to be a crackdown on those who just take the rules, statutes, and guidelines for granted.

But that's just me.

From what I've read, it is mainly Texas that is screening for out of status immigrants at border check-points. If you're not going to Texas, you may be ok.

The point is however, that if you entered the US on K1, and if your I-94 is expired and you have not yet applied for AOS, you are technically out of status, and should send in your applications ASAP, to reduce the risk of deportation. This has always been the case, they just seem to be enforcing it a little more striktly now for some reason.

K3 technically cannot apply for AOS until the I-130 is approved. Sometimes lately that is at the same time as the I-129F, sometimes before, and years ago, it was usually sometime *after* the beneficiary had moved to the US, as it was when I got my K3. So that quote posted above is correct.

Reba -

Many states are busily crafting laws to do what they believe the Service is not doing - keep out illegal entrants. Google 'drivers license requirements for aliens' and see what you find.

For instance, in my state of residence (West Virginia) the Department of Motor Vehicles will issue a license to an alien but they must produce several documents including their birth certificate; two proofs of residence; a Social Security card; and a document issued by the Service. They will not issue a driver's license with a date beyond the expiry of that Service document. This means that even 10-year greencard holders cannot get a driver's license past the date on their card. Conditional residents will be offered a license but not beyond the date of their extension letter.

I bring this up because it will become a larger issue for aliens in this country as States and other municipalities continue to write laws that very narrowly define legal presence. A State may not be able to remove an alien, but they can make it very difficult for them to live and work within their borders. Given this environment, why would anyone play with that kind of fire?

[Reba 2]

I do believe rebecca, that driver's license laws are even more strict here in North Carolina (having historically been one of the states with the easiest to counterfeit, they had a bit of egg on their face for a while). However, licensing laws and being detained in immigration cells indefinitely by ICE are kinda different things IMO. But in North Carolina they'll just let a van full of illegals go on their merry way anyhow, because they don't have anywhere to put them. Rest assured however, that they won't be driving away with a North Carolina driving license! I don't even think someone here with a legal temporary visa (ie: TN) can get one.

My post above still stands. If you're here on K1 or K3, you should apply for AOS as soon as humanly possible, so that you do not have any or much time out of status. I don't see how encouraging anyone here to get it done as soon as possible would be considered anything but good advice.

[rebeccajo 14]

I do believe rebecca, that driver's license laws are even more strict here in North Carolina (having historically been one of the states with the easiest to counterfeit, they had a bit of egg on their face for a while). However, licensing laws and being detained in immigration cells indefinitely by ICE are kinda different things IMO. But in North Carolina they'll just let a van full of illegals go on their merry way anyhow, because they don't have anywhere to put them. Rest assured however, that they won't be driving away with a North Carolina driving license! I don't even think someone here with a legal temporary visa (ie: TN) can get one.

My post above still stands. If you're here on K1 or K3, you should apply for AOS as soon as humanly possible, so that you do not have any or much time out of status. I don't see how encouraging anyone here to get it done as soon as possible would be considered anything but good advice.

Oh I wasn't suggesting there was anything wrong at all with your post. I hope you didn't think that.

I was merely adding that one could have a problem in other States and not just Texas.