I-485 & I-!30 checklist

[Mykuls Merry Ann 4]

Few corrections in red above

http://www.***removed***/greencard/adjustmentofstatus/

Please read carefully

[VanessaTony 3,567]

Again there is no timeline to AOS, there have been hundreds of people who have AOSd after there I-94 expired and they have been approved.

What? No-one said they wouldn't be approved... I think the issue is you think the I-131 and I-130 are the same thing... the I-131 is the travel document and she is can't use it because of her overstay. Her overstay is forgiven when her AOS is approved (based on marriage to a USC). She is perfectly eligible to adjust status and given any unforeseen issues she shouldn't have any issues. No-one said she would.. with her AOS that is, but everyone else here except for you knows that we were talking about the I-131, not the I-130.

[Mykuls Merry Ann 4]

Mykuls Merry Ann, Please refrain from posting this incorrect information. Your posts are incorrect, not entirely, just misinterpretation, and could cause severe issues for many people.

You are obviously incredibly confused about the terms of the K1, and the I-94 and AOS.

1. Someone who DOESN'T marry in the 90 days and instead returns home, would, in YOUR definition, be violating the terms of her visa. This is incorrect. The K1 visa permits you the enter the US for the purposes of marrying their USC petitioner. If you don't, it's not a problem.

2. As soon as you arrive in the US on the K1, the K1 is dead. Your ENTRY status was k1, but your period of authorised stay is determined by the I-94, which expires 90 days after entry. Using your example, someone who enters on a work visa isn't violating the terms of their visa by continuing to work after it expires (after all their visa allowed them to work). This of course is ridiculous and incorrect.

3. The terms of the K1 do NOT include marrying in 90 days, in order to AOS BASED on the K1 you need to marry in the 90 days, this is an AOS requirement, not K1 requirement. You can STILL marry AFTER the 90 days however you would need to file an I-130. If we use your definition the person marrying AFTER 90 days has violated the terms of their visa. That's incorrect.

4. The terms of the K1 include ONLY marrying the petitioner and the petitioner only. If someone entered on a K1 and married someone else other than their petitioner they would not be permitted to AOS. They would need to leave the country and file for a new visa (CR-1 or IR-1 depending on the length of the marriage).

The OP did NOT violate the terms of her visa (because she married her USC petitioner), but she DID overstay and she is now out-of-status. She is NOT illegal because she did NOT enter illegally. She is an overstay. She can still be detained by ICE officials however the Immigration Judge would tell her to immediately file AOS... this isn't because of her K1, it's because as the spouse of a USC she is given the benefit to AOS if she can. However my previous caveat re original petitioner of course matters.

Please read this: http://www.visajourney.com/forums/topic/298853-clarify-a-debate/ which hopefully will help you understand status and overstay.

In short though - the OP is deportable because she is out of status BUT because she is married to a USC she will typically (it isn't a given, but it happens usually) be given the chance to AOS. While many people have AOSed after the I-94 expired (myself being one of them) you ARE out of status. You ARE able to be locked up in detention and you ARE able to get the many thousands of dollars in legal fees etc. Please do not go around saying "it's no big deal" because it very well can be and HAS been for a few people on here who've been unlucky enough to be caught by ICE.

I am not disagreeing with anything you said here...and this is what I meant to say in the first place...chill

[Mykuls Merry Ann 4]

What? No-one said they wouldn't be approved... I think the issue is you think the I-131 and I-130 are the same thing... the I-131 is the travel document and she is can't use it because of her overstay. Her overstay is forgiven when her AOS is approved (based on marriage to a USC). She is perfectly eligible to adjust status and given any unforeseen issues she shouldn't have any issues. No-one said she would.. with her AOS that is, but everyone else here except for you knows that we were talking about the I-131, not the I-130.

I have not said anything about an I-130, I just filed one for my stepson...what is y our problem??? Why would anyone attempt to do an I-131 when they know they need to do the AOS first or concurrently???

She can file, as I am right now, file the I-130, I-131 and the I-765 concurrently with the I-485.

[VanessaTony 3,567]

http://www.***removed***/greencard/adjustmentofstatus/

Please read carefully

I've been to that website and it's completely useless for people not from high-fraud countries. But your point in posting it???

We're not TALKING about the I-130 or her ability to adjust status, we're talking about her travel document because she has overstay (which isn't forgiven UNTIL she AOSes successfully), would give her a ban on leaving.

Please feel free to call USCIS, please feel free to make an Infopass, please feel free to simply GOOGLE and you'll see that once the I-94 expires you are accumulating out of status days.. it's pretty common knowledge in the immigration community. Heck, try posting on that site you linked, you'll see they say the exact same thing... if you arrived on a K1, and marriedi nthe 90 days that's great, but until you AOS (once you file you are in a new period of authorised stay but the previous overstay still counts) you are accumulating overstay and once you reach 180 days that's a 3 year ban, a year is 10 year ban.

I have not said anything about an I-130, I just filed one for my stepson...what is y our problem??? Why would anyone attempt to do an I-131 when they know they need to do the AOS first or concurrently???

She can file, as I am right now, file the I-130, I-131 and the I-765 concurrently with the I-485.

OMG!! She has OVERSTAY. She can FILE it and it will be APPROVED but if she tries to USE it she will be denied entry to the US and have to get a visa because she has ove a YEAR of overstay. She'll get a 10 year ban.

Seriously, I don't understand what's so hard about this. She is filing. She will get her AOS approved (as long as her file is in order) but she CANNOT use the AP document because of her OVERSTAY. This is common immigration knowledge!!

[VanessaTony 3,567]

There is a lot bad info given on this thread. A person entering the US on a K-1 visa has the obligation to marry within the 90 days of entering the U.S. There is no term called "unlawful presence" that is some #######!

The issue here is there no real time period that tells anyone to file the AOS. There is no penalty for filing after 90 days, or after the I-94 expires. Now the K-1 visa person cannot work or get other benefits but they are not in some unlawful presence or doing anything wrong. When they are ready to file they can get AOS just like anyone...

We have to be careful when we pass out information that we are not sure is correct.

This is what you first posted. It is not correct and is not related to what I said. The definition of unlawful presence: http://www.google.com/search?q=define%3A+unlawful+presence&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a because it DOES exist and a K1 IS accruing out of status days.

Your timeline doesn't say you've filed for AOS. So, assuming you haven't yet, how about you send your K1 with over a year overstay (visa approved 2009) out with her AP document that you plan on getting and see what happens. Don't come crying to me when you are forced to file a CR-1 because she can't use the AP because of her overstay.

[Haarp425 26]

There is no term called "unlawful presence" that is some #######!

I hope you have NOT giving these INCORRECT information to other individuals. Here's one excerpt from the document below that will be helpful to you regarding "unlawful presence". I hope the link in the document below will give you understanding regarding "unlawful presence".

For purposes of section 212(a)(9)(B)(ii) of the Immigration and Nationality Act an alien is “unlawfully present” in the United States after the expiration of the period of stay authorized by the Attorney General. The period of stay authorized by the Attorney General normally expires upon the expiration of the alien’s Form I-94 (arrival/departure record).

http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=e59101c2c2b28210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d82f98dc8df3110VgnVCM1000004718190aRCRD&vgnextchannel=5d82f98dc8df3110VgnVCM1000004718190aRCRD

There is no penalty for filing after 90 days, or after the I-94 expires.

Please do NOT give this incorrect information to other people that there is NO penalty filing for AOS after 90 days authorized stay. If you give bad advice to other individual to wait 2 years after the expiration of the I-94 and file for AOS, those individual are Unlawful Present in the USA and if they happen to be involved in some type of vehicle incident and asked by an LEO, more than likely that individual will be referred to ICE.

We have to be careful when we pass out information that we are not sure is correct.

YES, I agree you must be careful to pass out INCORRECT information.

[beppo 8]

Again, I want to thank everyone for their very helpful information I have been given the last few days and months. If I could turn the clock back, I would have filed somehow within the 90 days but thats in the past and I have to move foreward.

I will certainly not be taking a chance by leaving the US until I get my greencard(if approved)

One more question I do have. Do I have to have the greencard physically in my hard to leave the US or is the approved letter sufficient?

Edited March 8, 2011 by beppo

[Haarp425 26]

Again, I want to thank everyone for their very helpful information I have been given the last few days and months. If I could turn the clock back, I would have filed somehow within the 90 days but thats in the past and I have to move foreward.

I will certainly not be taking a chance by leaving the US until I get my greencard(if approved)

One more question I do have. Do I have to have the greencard physically in my hard to leave the US or is the approved letter sufficient?

You should wait until you have the GC in your hand and verify the name and DOB is correct before using it to come back to the USA.

[VanessaTony 3,567]

One more question I do have. Do I have to have the greencard physically in my hard to leave the US or is the approved letter sufficient?

You'll need the physical greencard.

[somesama 0]

Thank you I've been looking for this

[TBoneTX 45,292]

Ancient thread closed because of its age.