Broke

[Jojo92122 1,924]

Each K-1 who files for AOS will become out of status, even if they file the day after getting married the day they get off the plane. Stop scaring people!!!! ICE is not waiting with a warrant for your arrest the day after the ink dries on the Marriage License!! The one legal responsibility was to get married within the 90 day window, which coincides exactly with the arrival date. That is the 90 day window. If the K-1 did not marry before the I-94 expiration date, then and only then will there be a price to pay with USCIS!!! Please show to all of us any documentation which gives a deadline for filing AOS. Please site US Immigration Laws.

Calm down. Did I say there would be a warrant? Stop your exaggerations when you make accusations.

A pending AOS would give her the right to be in the US. If she does not file, then she is out of status. If she gets stop by ICE ( I said "if" and not "will" do don't misquote me), then how does she prove that she is here legally genius? Do you think ICE will take her words that she married during the 90 days and let her go without detaining her and checking? Please explain to me what would happen if ICE stops her?

Did you read the post from the woman who was detained at a New York City bus station for being out of status after marriage to a USC?

My point is that ICE has the authority to detain people who are out of status. Filing for AOS protects her.

[tru_loves_journey 117]

0

came in on k1 visa and got married on august 19 , i already applied for ssn and started some CNa class but havent started working coz they need EAD but since my husband is a lil broke right n ow paying off the credit cards used for my fare and other stuff just for me to get here, i dont think we can file AOS till next three weeks for we need to save up a lil to pay 1010 dollars for the AOS , will i be ok becasue my I-194 will expire on november 2 ....PS we already gathered our papers just havent sent it coz we dont have enough money to pay for it yet ....

I'm glad you shared your story, we're in the same boat! The cost prior to the arrival took a chunk of change. I hope the money tree rains money on us all , lol... I'm happy to see the responses you got it took alittle worry away too. Good Luck to you

[angela59255 0]

Thank you guys for all the reply , I dont think we are intending to file more than 2 months lol i dont mean to start a commotion here i see two members are having a lil discussion about this matter but yeah its been helpful to hear from you guys i was kinda wanting to help my husband but i dont think i will be able to for right now since as of what you said i need EAD for that ... but yeah i better off file it and have a tighht budget till my work authorixzation card has been approved and delivered to me ... thanks guys

[issha2lynden 77]

Calm down. Did I say there would be a warrant? Stop your exaggerations when you make accusations.

A pending AOS would give her the right to be in the US. If she does not file, then she is out of status. If she gets stop by ICE ( I said "if" and not "will" do don't misquote me), then how does she prove that she is here legally genius? Do you think ICE will take her words that she married during the 90 days and let her go without detaining her and checking? Please explain to me what would happen if ICE stops her?

Did you read the post from the woman who was detained at a New York City bus station for being out of status after marriage to a USC?

My point is that ICE has the authority to detain people who are out of status. Filing for AOS protects her.

Relax VJeirs..I aggree with u!! I read about that woman being detained by ICE at NY City, didn't file AOS and was out of status for 2 years I remember. I agree the AOS is a protection.

[extremerecluse 32]

Calm down. Did I say there would be a warrant? Stop your exaggerations when you make accusations.

A pending AOS would give her the right to be in the US. If she does not file, then she is out of status. If she gets stop by ICE ( I said "if" and not "will" do don't misquote me), then how does she prove that she is here legally genius? Do you think ICE will take her words that she married during the 90 days and let her go without detaining her and checking? Please explain to me what would happen if ICE stops her?

Did you read the post from the woman who was detained at a New York City bus station for being out of status after marriage to a USC?

My point is that ICE has the authority to detain people who are out of status. Filing for AOS protects her.

How can you prove to ICE that you have filed for AOS? Of course they have the authority. Being married to the USC is the most important task and it must occur prior to the I-94 deadline. I looked up on the USCIS website and nowhere does it give a deadline for starting the AOS process after the marriage occurs within the I-94 time limit.

[Jojo92122 1,924]

How can you prove to ICE that you have filed for AOS? Of course they have the authority. Being married to the USC is the most important task and it must occur prior to the I-94 deadline. I looked up on the USCIS website and nowhere does it give a deadline for starting the AOS process after the marriage occurs within the I-94 time limit.

You can prove to ICE that you filed for AOS with the notice from USCIS that you have filed.

There is no deadline for filing for AOS. To file for AOS based on the K-1, the only requirement is to get marry to the petitioner within the 90 days.

The consequences of not filing for AOS are 1) the foreign spouse will be out of status and 2) the foreign spouse cannot legally work without an EAD or green card.

If ICE randomly stops the foreign spouse who has not filed for AOS, there could be issues. (This is a random stop - could be at a bus station like the woman who was stopped in the thread from a few weeks ago or at a check point like San Clemente just north of San Diego.) With the AOS filing notice, the spouse would most likely be fine. Without any filing and being out of status, ICE would most likely detain this person because this person is out of status.

While the chances of being stop by ICE randomly are small, the consequences for the person who does not file for AOS can be severe. We only have to look at the bus stop poster for evidence of the severe consequences.

Edited October 30, 2011 by Jojo92122

[Jojo92122 1,924]

Each K-1 who files for AOS will become out of status, even if they file the day after getting married the day they get off the plane.

Really???? A K-1 who marries and file for AOS is automatically out of status??? Since you like people to "site" US immigration laws, please point out the law that says this.

The K-1 is a single entry visa. The I-94 is the person's allowed time in the US. A requirement to adjust status on a K-1 visa is to marry. So why would fulfilling a condition of the K-1 visa and filing for AOS cause a person who has a valid I-94 to be out of status????

Please "site" US immigration laws since you are asserting that "Each K-1 who files for AOS will become out of status, even if they file the day after getting married the day they get off the plane."

The person is in status as long as the I-94 has not expired. Marriage or not does not matter. Marriage within the 90 days is the principal requirement to adjust. Marriage in itself does not cause a person to be out of status.

Stop scaring people!!!! ICE is not waiting with a warrant for your arrest the day after the ink dries on the Marriage License!! The one legal responsibility was to get married within the 90 day window, which coincides exactly with the arrival date. That is the 90 day window. If the K-1 did not marry before the I-94 expiration date, then and only then will there be a price to pay with USCIS!!!

ICE doesn't need a warrant in a random stop to pick up illegal aliens and those without legal status in the US. I never said or implied that ICE would be waiting with a warrant.

Please show to all of us any documentation which gives a deadline for filing AOS. Please site US Immigration Laws.

I never said there was a deadline for fling for AOS. Show me where in my post, I said there was a deadline. I said there are negative consequences to not file. I did not say there was a deadline to file.

Edited October 30, 2011 by Jojo92122

[ceadsearc 516]

Someone can prove to ICE that they filed by producing their NOA1, which ICE would also be able to look up.

There is no actual deadline but a K-1 will be out of status when their I-94 expires just like anyone else whose I-94 expires unless they have some other way of maintaining status (like being in-status from filing AOS).