Fake ID's

[Boiler 45,538]

Boiler,

Agreed. In common usage the term is ambiguous. So wouldn't it be a good idea to resolve the ambiguity before suggesting a course of action?

Yodrak

Absolutely.

I would have assumed EWI in this case, but never a certainty.

[JenT 0]

** listening to the sound of the OP scampering off to figure out how to spin it in his favor **

I'm looking forward to this!!

** still waiting for the OP to return **

[Boiler 45,538]

** listening to the sound of the OP scampering off to figure out how to spin it in his favor **

I'm looking forward to this!!

** still waiting for the OP to return **

Would you?

Now on another site.

[JenT 0]

** listening to the sound of the OP scampering off to figure out how to spin it in his favor **

I'm looking forward to this!!

** still waiting for the OP to return **

Would you?

Now on another site.

[Canuck4USA 0]

You cant be serious....of course they will find out. The going rate where I live for a false SSN card is 1500. Many have been terminated after the SS Administration has contacted the employer saying that the SSN is false and is being used by dozens of people.

Good way to get a lifetime ban and removed from the US.

I just have to wonder how you can produce a fake green card that will pass for a real one....My GC has so many security features built into it..It's quite a work of art and impossible to duplicate..I don't know how anyone could copy it.

Edited September 19, 2006 by Canuck4USA

[Boiler 45,538]

You cant be serious....of course they will find out. The going rate where I live for a false SSN card is 1500. Many have been terminated after the SS Administration has contacted the employer saying that the SSN is false and is being used by dozens of people.

Good way to get a lifetime ban and removed from the US.

I just have to wonder how you can produce a fake green card that will pass for a real one....My GC has so many security features built into it..It's quite a work of art and impossible to duplicate..I don't know how anyone could copy it.

I have never heard of anyone doing it, much simpler alternatives.

[frndly1 1]

Fake IDs and SSNs are very common because a some point you have people that work in places were you can get them for a fee. Some of the SSN's are from people that have died most likely. I had a contractor getting people off the street to come and work on a Government installation and were detained when they got to the gate for fake GC and have sence been deported.

[John & Annie 0]

Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.

That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status. (That's what allows a K-1'er to marry on the 89th day, wait a week for the certified marriage certificate, and file AOS on the 96th day -- such a person is an illegal alien after day 90.) The OP doesn't make it clear which category she falls into.

I'm not making any statement about the fairness of existing laws (they're pretty darn unfair, actually). One is always free to withold information from anyone one chooses. I'm just correcting the misstatement that "she is still not elegible for adjustment due to being here illegally."

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Edited October 24, 2006 by John & Annie

[Boiler 45,538]

Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.

That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status. (That's what allows a K-1'er to marry on the 89th day, wait a week for the certified marriage certificate, and file AOS on the 96th day -- such a person is an illegal alien after day 90.) The OP doesn't make it clear which category she falls into.

I'm not making any statement about the fairness of existing laws (they're pretty darn unfair, actually). One is always free to withold information from anyone one chooses. I'm just correcting the misstatement that "she is still not elegible for adjustment due to being here illegally."

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1 and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Dangerous advice. But remember that you have no right to rely on what the US government tells you; the Supreme Court has said so [schweiker v Hansen].

Illegal and Out of Status are usually synomonous, both are deportable if they come to the attention of the Authorities. Passport is irrelevant once the I-94 has expired, Marriage Certificate more so as that never gives you a right of abode in the US.

[Satellite 1]

Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.

That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status.

There are forms of relief for people who are EWI in this country. And they can adjust status. I will list a few below.

1. INA 240(a)(b ), someone who is EWI (entered without inspection), been continuously present for 10 years, has good moral character, and have a qualifying relative who will experience “exceptional and extremely unusual hardship" if they are removed. This of course is a form of relief once you are in removal proceedings (caught) and very discretionary.

2. The other form of relief is INA 245i. If this girl had a pending I-130 (regardless of which relative filed for her) before April 2001 and was physically present in the US in December of 2000 she will also be able to adjust if she marries this person USC right now and he files a new I-130. 245i is the gift that keeps giving because she would have been grandfathered in.

3. Another long shot form of relief is that if she has been here illegal before January 1, 1972 she can adjust status via registry. (current statute of limitations on immigration violations).

4. Finally if she doesn't meet any of the above they can still get married and then do counselor processing. She will need a waiver (I-601) for unauthorized work and authorized stay if she has been doing either for longer than 90 days.

I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Edited October 24, 2006 by Satellite

[meauxna 15]

I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Well, options 1, 2 & 3 are rare enough to stumble across on the internet these days. And #4 is still covered because it's not Adjusting, it's going outside for CP.

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Well, what is someone who arrives on a B visa and doesn't leave? Out of status, aka 'illegal'.

It's not really safe or fair to say 'there is no time limit to file AOS'. There is a time limit, the same that applies to anyone who is outside of their I-94 admitted time period. The amount of out of status time will affect their ability to re-enter the country, and the expired K-1 can still accumulate enough out of status time to incur a 3 or 10 year bar if they leave the US. Married or not.

Should something happen to the USC petitioner, the expired K-1 is in a real pickle if she has no I-485 filed.

I'm sure we could sit here all day and think of exceptions to this statement. It's a pretty broad and dangerous statement left as it is.

[John & Annie 0]

I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Well, options 1, 2 & 3 are rare enough to stumble across on the internet these days. And #4 is still covered because it's not Adjusting, it's going outside for CP.

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Well, what is someone who arrives on a B visa and doesn't leave? Out of status, aka 'illegal'.

It's not really safe or fair to say 'there is no time limit to file AOS'. There is a time limit, the same that applies to anyone who is outside of their I-94 admitted time period. The amount of out of status time will affect their ability to re-enter the country, and the expired K-1 can still accumulate enough out of status time to incur a 3 or 10 year bar if they leave the US. Married or not.

Should something happen to the USC petitioner, the expired K-1 is in a real pickle if she has no I-485 filed.

I'm sure we could sit here all day and think of exceptions to this statement. It's a pretty broad and dangerous statement left as it is.

I think we are all right, and yes we all could come up with exceptions.

The fact remains that with a K1 visa the intention is to get married in the US and remain, therefore officials look at it as thought there was no time limit to file AOS. In fact there are several people who did not file AOS for two years to avoid conditional residency, therefore a precedent is set. I would not want to argue the point if an issue arose. But the fact is that there are people who have done it with no issue.

I would still recomend to everyone to file AOS as soon as possible, but from what I have read and been told by various officials(not clerks), there is no real time limit to file AOS.

[lucyrich 20]

Even if they went off and got married... if he is a citizen.. she is still not elegible for adjustment due to being here illegally.

That is not true. Illegal aliens who entered without inspection are not eligible to adjust status, but illegal aliens who had an initial legal entry but whose status lapsed ARE eligible to adjust status. (That's what allows a K-1'er to marry on the 89th day, wait a week for the certified marriage certificate, and file AOS on the 96th day -- such a person is an illegal alien after day 90.) The OP doesn't make it clear which category she falls into.

I'm not making any statement about the fairness of existing laws (they're pretty darn unfair, actually). One is always free to withold information from anyone one chooses. I'm just correcting the misstatement that "she is still not elegible for adjustment due to being here illegally."

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status.

There are people who would prefer to eliminate the term "illegal alien" entirely, replacing it with "undocumented alien" or "unauthorized alien". Whatever. I agree that the term "illegal alien" is politically charged, with negative connotations. Many people would like to reserve it for only those "undesireable" aliens without status. But the term "illegal alien" is most often used to refer to anyone who is in the US without status, regardless of how that person came to be out of status, or for how long that person will likely remain out of status.

[Boiler 45,538]

I don't understand how someone can say she will be banned for life and never adjust based on the facts given!

Well, options 1, 2 & 3 are rare enough to stumble across on the internet these days. And #4 is still covered because it's not Adjusting, it's going outside for CP.

*loud buzzer* WRONG

Not illegal, if you enter legally on a k1, get married within 90 days of entry, and do not file AOS it does not make you illegal. the term is out of status. We have checked this with attorneys, immigration judges, and law enforcement. all of them state that if you entered legally on a K1 there is no time limit to file AOS. It makes it difficult to prove legitimacy, but not illegal.

Annie was told by USCIS to carry a copy of her visa and the Marriage cert with her and that would suffice until we get her GC.

Well, what is someone who arrives on a B visa and doesn't leave? Out of status, aka 'illegal'.

It's not really safe or fair to say 'there is no time limit to file AOS'. There is a time limit, the same that applies to anyone who is outside of their I-94 admitted time period. The amount of out of status time will affect their ability to re-enter the country, and the expired K-1 can still accumulate enough out of status time to incur a 3 or 10 year bar if they leave the US. Married or not.

Should something happen to the USC petitioner, the expired K-1 is in a real pickle if she has no I-485 filed.

I'm sure we could sit here all day and think of exceptions to this statement. It's a pretty broad and dangerous statement left as it is.

I think we are all right, and yes we all could come up with exceptions.

The fact remains that with a K1 visa the intention is to get married in the US and remain, therefore officials look at it as thought there was no time limit to file AOS. In fact there are several people who did not file AOS for two years to avoid conditional residency, therefore a precedent is set. I would not want to argue the point if an issue arose. But the fact is that there are people who have done it with no issue.

I would still recomend to everyone to file AOS as soon as possible, but from what I have read and been told by various officials(not clerks), there is no real time limit to file AOS.

You could have entered the US 50 years ago, legally, married and adjust now.

But it makes no difference to whether you are legality during those 50 years, just lucky not to have encountered ICE.

[meauxna 15]

I would still recomend to everyone to file AOS as soon as possible, but from what I have read and been told by various officials(not clerks), there is no real time limit to file AOS.

Let's boil it down to this:

What is the status of a non-immigrant (K, B, whatever, as long as they have a finite date on their I-94) who is in the US past the date on the I-94 and who has not filed I-485 or any type of extension (let's just say they never file anything) ?

As Boiler says, you could "live" in the US for 50 years, marry a USC and file for AOS. That does not mean that there was not an end to their legal period of stay in the US.

There was a local case in my city---woman had been her over 25 years, owned a roaring and popular downtown spot, in a committed live in romantic relationship with a USC but they didn't believe in marriage and never did the deed. She never filed for any immigration benefits and just did her own thing.

They finally married when he got terminally ill, filed for her benefits and he died.

Because they had been married for less than 2 years and she had years of illegal presence, she was bounced back to Canada. On the bus. At 60some+ years old.

Point is: there is no time limit until you are caught.