How long till out of status turns to illegally present?

[worriedwoman 0]

Well, I'm getting a divorce and my soon to be ex is still in the country. However, his initial K-1 visa expired in March. I know that he's technically out of status but we DID start the process for the AOS before the ###### hit the fan. My question is, how long is the grace period before he's considered being here illegally? Is there any certain time or is it just kind of a ####### shoot? And if he is considered here illegally now, what does that mean for him? Thanks.

[belinda63 3,038]

I guess the AOS was never finished and he never received a green card? He became out of status when his I-94 expired. This means he is subject to arrest and/or deportation at any time.

[san diego 407]

If you have not abundoned your I485 application officially and it is still in progress and you are still legally married his status is pending. He will have 30 days to leave the country when you officially withdraw your I485 application or divorce, whichever comes first.

Status becomes "pending" the moment you file for I485 AOS after marriage. I94 is absolutely irrelevant.

[VanessaTony 3,567]

If you have not abundoned your I485 application officially and it is still in progress and you are still legally married his status is pending. He will have 30 days to leave the country when you officially withdraw your I485 application or divorce, whichever comes first.

Status becomes "pending" the moment you file for I485 AOS after marriage. I94 is absolutely irrelevant.

it is not the OP's "I-485" application. it's the immigrants.

The OP, being the US, needs to withdraw their I-864 which is the Affidavit of Support. Without that the immigrants I-485 application will be denied.

[Brother Hesekiel 2,236]

Like many, you don't see the big picture. In 2010, we had a record number of deportations: about 220,000. However, since there are at least 11,000,000 illegal aliens in the U.S. (perhaps many more), it would take about 50 years, that's half a century, to deport them all before they even can check up on those who entered legally, like your husband, but overstayed.

ICE's focus is on deporting illegal aliens that have served prison time for felonies. Your ex can live happiy in the U.S. until the end of his natural life, unless he gets in trouble with the law.

[rin and john 71]

Like many, you don't see the big picture. In 2010, we had a record number of deportations: about 220,000. However, since there are at least 11,000,000 illegal aliens in the U.S. (perhaps many more), it would take about 50 years, that's half a century, to deport them all before they even can check up on those who entered legally, like your husband, but overstayed.

ICE's focus is on deporting illegal aliens that have served prison time for felonies. Your ex can live happiy in the U.S. until the end of his natural life, unless he gets in trouble with the law.

The data backs Just Bob up.

http://www.dhs.gov/x...ent-ar-2010.pdf

Unless he is Hispanic and hangs out near the southern border, or is arrested as JB says, then his odds of being able to remain in the USA (albeit with a cloud of doom over his head) are pretty good.

Edited August 16, 2011 by rin and john

[worriedwoman 0]

Thanks for the replies. I haven't canceled the I-485 yet because he wants to wait till after we get divorced. But I just got a letter in the mail for a biometrics appointment. So it looks like he can't wait till the divorce since the letter says if he doesn't show up, the application's denied. He doesn't want to stay here illegally, my biggest question is how long until he's in danger of getting banned from re-entering the country? We have a child together so neither of us really would want him unable to visit her for 10 year(?).

[Used to be broken 147]

Thanks for the replies. I haven't canceled the I-485 yet because he wants to wait till after we get divorced. But I just got a letter in the mail for a biometrics appointment. So it looks like he can't wait till the divorce since the letter says if he doesn't show up, the application's denied. He doesn't want to stay here illegally, my biggest question is how long until he's in danger of getting banned from re-entering the country? We have a child together so neither of us really would want him unable to visit her for 10 year(?).

So why don't you let him adjust and then file for divorce so visitation doesn't get complicated or immpossible?

[Used to be broken 147]

Like many, you don't see the big picture. In 2010, we had a record number of deportations: about 220,000. However, since there are at least 11,000,000 illegal aliens in the U.S. (perhaps many more), it would take about 50 years, that's half a century, to deport them all before they even can check up on those who entered legally, like your husband, but overstayed.

ICE's focus is on deporting illegal aliens that have served prison time for felonies. Your ex can live happiy in the U.S. until the end of his natural life, unless he gets in trouble with the law.

Bob, its is ICE's public position that they are focused on illegal aliens that have served prison time for felonies, in reality they go for the low hanging fruit like the OP's hubby so they don't run into dangerous folks like felons.

USCIS / ICE are like keystone cops and they take steps to carefully avoid unwittingly running into armed felons, they let the local police do that. After the prison terms are served they send a bus to take them to the airport or the border but there is tons of money being poured into "fugitive operations" and a large percentage of the 220,000 are not criminals who have done prison time.

If the paperwork expires and then the individual is placed in proceedings ie: issued an NTA "notice to appear" then it is in fact very likely be knocking on OP's door asking where he is. This is a fresh case with a current address, no violent or dangerous history this is the kind of easy pick up ICE likes.

[Sergi9 110]

Bob, its is ICE's public position that they are focused on illegal aliens that have served prison time for felonies, in reality they go for the low hanging fruit like the OP's hubby so they don't run into dangerous folks like felons.

In 2007 Congress appropraited 183 million for Fugitive Operations Teams. ICE reported it arrested 672 aliens with a violent criminal history.

73% arrested by FOT's 2003-2008 had no criminal convictions.

[Brother Hesekiel 2,236]

So why don't you let him adjust and then file for divorce so visitation doesn't get complicated or immpossible?

Perhaps because it's immigration fraud and she wouldn't want to go to jail for it, doesn't like the $250K fine, realizes that finding work as a convicted felon is not easy, or just doesn't want to be on the hook with her Affidavit of Support until hell freezes over. Who knows, but I can think of more than one reason.

[VanessaTony 3,567]

Thanks for the replies. I haven't canceled the I-485 yet because he wants to wait till after we get divorced. But I just got a letter in the mail for a biometrics appointment. So it looks like he can't wait till the divorce since the letter says if he doesn't show up, the application's denied. He doesn't want to stay here illegally, my biggest question is how long until he's in danger of getting banned from re-entering the country? We have a child together so neither of us really would want him unable to visit her for 10 year(?).

If you don't want to be on the hook for several years (minimum of 10 unless he gets USC) then you should cancel your I-864. His AOS will be denied and he will have to leave. It is possible for him to get his GC without interview interview. He can rock up to the biometrics without you (you're not needed for that) and he could have a GC a couple of months later, and you're on the hook for the I-864. Smart move is pull the I-864. If he's amiable about the divorce you can mail the divorce documents to him to sign in his home country. He doesn't need to be in the US.

He will have a certain number of days to leave the US. When he applied for AOS it put him in protected status. Whether he has a ban depends on how long after his I-94 expired he applied for AOS. If he leaves before the deadline for leaving he won't get a ban based on that BUT it's the I-94 to AOS date we need to know.

[worriedwoman 0]

If you don't want to be on the hook for several years (minimum of 10 unless he gets USC) then you should cancel your I-864. His AOS will be denied and he will have to leave. It is possible for him to get his GC without interview interview. He can rock up to the biometrics without you (you're not needed for that) and he could have a GC a couple of months later, and you're on the hook for the I-864. Smart move is pull the I-864. If he's amiable about the divorce you can mail the divorce documents to him to sign in his home country. He doesn't need to be in the US.

He will have a certain number of days to leave the US. When he applied for AOS it put him in protected status. Whether he has a ban depends on how long after his I-94 expired he applied for AOS. If he leaves before the deadline for leaving he won't get a ban based on that BUT it's the I-94 to AOS date we need to know.

If he doesn't show up for his Biometrics and they consider his application abandoned, does that automatically get me off the hook for the I-864? And his I-94 expired...uhh middle or end of March of this year. I can't remember the exact date. We got the first NOA(?) for the AOS around the beginning of July.

[VanessaTony 3,567]

If he doesn't show up for his Biometrics and they consider his application abandoned, does that automatically get me off the hook for the I-864? And his I-94 expired...uhh middle or end of March of this year. I can't remember the exact date. We got the first NOA(?) for the AOS around the beginning of July.

Okay so a 2 month overstay isn't a ban. If there was over 180 days of overstay it would be a 3 year ban. 1 year+ is 10 year ban. Also a 10 year ban for deportation. Those don't add together but require two different waivers.

Not rocking up he'll get a letter of intent to deny, he can then go and do the biometrics. Basically he can do a LOT of it without you and suddenly you're on the hook. I'm not saying he WILL but smart move is to pull the I-864 so you're sure you're okay.

[JimVaPhuong 4,863]

If he doesn't show up for his Biometrics and they consider his application abandoned, does that automatically get me off the hook for the I-864? And his I-94 expired...uhh middle or end of March of this year. I can't remember the exact date. We got the first NOA(?) for the AOS around the beginning of July.

If he doesn't show up for his biometrics they will eventually consider his application to have been abandoned, but he could walk into an Application Support Center weeks or months later, complete the biometrics collection, and resurrect his AOS application. Another VJ member recently did this when they discovered they missed their biometrics appointment while they were out of town.

You really should withdraw the I-864 with a letter to USCIS. He might get a green card without an interview since he entered with a K1. If he does then the I-864 becomes legally binding on you. The only way you can stop this is to withdraw the I-864 before his adjustment of status is approved.

He won't be banned from the US until he's overstayed for more than 180 days.