What do you After Your in the USA?

[VanessaTony 3,567]

lol what attack are you speaking of?

You have justified your thoughts by rightly stating that the person wasn't allowed to enter back into the USA. This has nothing to do with being here in the USA (& never leaving these shores) unlawfully, this was your point. I'm here in the USA, I'm yet to start my AOS journey but have been here 16 months volunteering (arrived on a K1 VISA) at my USCs wifes workplace. I am not here illegally/unlawfully, can you see that? Thank you

p.s, I see your confusion & it's making you look foolish- You're getting the word 'overstay' confused with 'unlawful'! Hope this makes it clearer for you. Thank you

Actually you ARE here unlawfully. I understand that being told you are here unlawfully is upsetting for you but it doesn't make it incorrect nor give you the right to be quite rude to another member. Your I-94 controls your status. Here's a link to explain the I-94 for you: http://travel.state.gov/visa/temp/info/info_1298.html

If you were to run into ICE they CAN lock you in immigration jail. The ONLY reason you are unlikely to be deported (yet) is because the immigration judge would see you're eligible to AOS (due to your marriage) and would order that you do so ASAP.

Please read this link: http://www.visapro.com/Immigration-Articles/?a=1484&z=46 which explains the terms. You'll note about halfway down the page it says "Out-of-status (Unlawful Status) Vs Unlawful Presence". See how the words "unlawful status" are enclosed in brackets after "out-of-status"? This means those two terms mean the same thing. Read that link and it should explain it for you.

If you are still confused I encourage you to speak to an immigration attorney who hopefully will be able to explain it in a way you can understand. Again. You ARE here unlawfully. You ARE accumulating unlawful presence which if you were to leave without a GC would get you a ban.

I should also mention that volunteering for your wife's workplace is illegal work IF you are taking the place of a regular paid worker OR you are planning to work there PAID once you get your EAD/GC. Just be aware of this as well.

[theunknown 5]

lol what attack are you speaking of?

You have justified your thoughts by rightly stating that the person wasn't allowed to enter back into the USA. This has nothing to do with being here in the USA (& never leaving these shores) unlawfully, this was your point. I'm here in the USA, I'm yet to start my AOS journey but have been here 16 months volunteering (arrived on a K1 VISA) at my USCs wifes workplace. I am not here illegally/unlawfully, can you see that? Thank you

p.s, I see your confusion & it's making you look foolish- You're getting the word 'overstay' confused with 'unlawful'! Hope this makes it clearer for you. Thank you

hey there sorry to interfere but you are wrong, she is right. Lets say if u apply for green card and it got denied are u still out of status or u are illegal to stay? only option is to reapply again but if it got denied again then u are seriously illegal to stay. just saying

[Darnell 8,479]

What is the process after your in the USA. I only know about AOS from being on this website.. But during this whole process no one has said there is anything else to do other than to marry within 90 days.. Is AOS required?

What are we suppose to do other than to get married?

1. get a SSN for yer new spouse at a local SSA office.

2. with SSN in hand, become a 'joint' human entity - joint bank accounts, joint lease on a domicile, joint credit cards, joint utilities, joint medical insurance, POD stuff on life insurance policies.

AOS is required, after a fashion, if'n you'd like yer new spouse to get a green card and participate fully (sans voting) in the USA.

[Mike B. 231]

No, you're wrong------ Taken from the uscis website -

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

Do you note the word 'may', not 'has to', or 'must', but 'may'. Please understand i know my stuff, being 'out of status' currently. Nowhere on their whole site does it mention being 'out of status' means being here illegally, prove otherwise. Thankyou

Yes, it says "may" instead of "shall." No one is doubting that you don't have to adjust status. It is perfectly legal to just leave once the ninety days are up. Again, no one is arguing about that. The question is whether or not you can not only refuse to adjust status but also stay.

[mattene 13]

Actually you ARE here unlawfully. I understand that being told you are here unlawfully is upsetting for you but it doesn't make it incorrect nor give you the right to be quite rude to another member. Your I-94 controls your status. Here's a link to explain the I-94 for you: http://travel.state.gov/visa/temp/info/info_1298.html

If you were to run into ICE they CAN lock you in immigration jail. The ONLY reason you are unlikely to be deported (yet) is because the immigration judge would see you're eligible to AOS (due to your marriage) and would order that you do so ASAP.

Please read this link: http://www.visapro.com/Immigration-Articles/?a=1484&z=46 which explains the terms. You'll note about halfway down the page it says "Out-of-status (Unlawful Status) Vs Unlawful Presence". See how the words "unlawful status" are enclosed in brackets after "out-of-status"? This means those two terms mean the same thing. Read that link and it should explain it for you.

If you are still confused I encourage you to speak to an immigration attorney who hopefully will be able to explain it in a way you can understand. Again. You ARE here unlawfully. You ARE accumulating unlawful presence which if you were to leave without a GC would get you a ban.

I should also mention that volunteering for your wife's workplace is illegal work IF you are taking the place of a regular paid worker OR you are planning to work there PAID once you get your EAD/GC. Just be aware of this as well.

Thank you for attempting to educate me, on neither page does it categorically state I am in an unlawful position. I'd like to point out that these sites you've mentioned are not 'http://www.uscis.gov', - that is where I get my information from & I urge all VJers to do the same. Feel free to try & correct me again but please copy & paste the exact wording from the official Goverment site.

Also I hope you don't see this as an attacking post, seems some people have a rather sensitive disposition. Thank you

[Operator 1,927]

This was helpful to me

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12709/0-0-0-12929.html#0-0-0-1971

Its either unlawful status or unlawful presence. Seems as though "out of status" is a VJ term.

[mattene 13]

wow! you're spot on there operator, that does surprise me. i apologize to all i disagreed with because there it is in black & white, (well, yellow & white) must have took some finding - i did loads of looking last night but couldn't find anything!

i'm a born skeptic, i.e i don't believe in ghosts, but if one boo'd me while i was asleep, well then i'd reassess my beliefs...as i have in the case of this unlawful business. it's one thing listening to hearsay but another to have it proved thank you & sorry again

[TnJ 131]

wow! you're spot on there operator, that does surprise me. i apologize to all i disagreed with because there it is in black & white, (well, yellow & white) must have took some finding - i did loads of looking last night but couldn't find anything!

i'm a born skeptic, i.e i don't believe in ghosts, but if one boo'd me while i was asleep, well then i'd reassess my beliefs...as i have in the case of this unlawful business. it's one thing listening to hearsay but another to have it proved thank you & sorry again

Just being curious here. Why wait over a year to start AOS? Did you have any setbacks?

[gretchen_darren 67]

This is the whole reason I am pursuing AOS now as well. The marriage BEFORE the 90 days are up show evidence of complying with the K-1 visa requirements. the I-94 has a 6 month out of status before I-94 starts accruing time. (180, 3 year ban; 365, 10 year ban) this "out of status" mainly affects AP and EAD plus causes additional questions and hassles to the point you almost need a legal representative.

It is assumed and believed under K-1 Visa AOS will be done ASAP or withing reason of the 6 months (some time is given for pregnancy, shots, marriage certificate recorded, etc) However, a longer stretch of time over 6 months unless there is significant monetary issues can be deemed as "unforgivable" with an immediate order to adjust status or permanent lifetime ban. the longer you wait the more questions will be asked. Because of marriage, it is not considered "unlawful". But through marriage considered "out of status". There is a deference given for immediate relative. However, abusing this "deference" in waiting for AOS over an extremely long period without valid reason can cause significant problems over time. Things have gotten tougher since September 2011, it is just wiser to comply, then to risk the alternatives.

[PaulnUsa 19]

When you get to US, apply for Social Security about two weeks later, finish wedding plans and get married, get a rush on documents, apply for AOS, AP and EAD at same time. Enjoy more paperwork.

What is AP and EAD? How can I get a SS card if I don't have a greencard or permant visa?

[VanessaTony 3,567]

What is AP and EAD? How can I get a SS card if I don't have a greencard or permant visa?

The K1 visa itself authorises you to get a SSN, as long as you apply before your I-94 expires (you need at least 2 weeks left on your I-94). once your I-94 has expired you need either your EAD (work permit) or GC to get a SSN. AP is Advanced Parole and you need it if you plan on leaving the country and returning to the US before our greencard is approved.

[KayDeeCee 4,896]

What is AP and EAD? How can I get a SS card if I don't have a greencard or permant visa?

http://www.visajourney.com/content/ssn

[bigdog 377]

Looks like you got an answer good luck.

[mattene 13]

Just being curious here. Why wait over a year to start AOS? Did you have any setbacks?

No, no setbacks really. We had some home repairs to fund pretty soon after getting here, but we still could have got the money if we had too. I guess we were just happy with me being around all the time, call it a gap year (break from working many hours since being 16..I'm mid 40's now) if you like. We didn't feel the need to rush the AOS process & I've been keeping busy with projects & volunteering etc. I'm starting to want my independence now though, want to provide for my new wife & step-kids, get a driving license, buy groceries myself etc, so the times right Should be mailing the AOS & EAD paperwork in this weekend. Thank you

[grrrrreat 109]

This is the whole reason I am pursuing AOS now as well. The marriage BEFORE the 90 days are up show evidence of complying with the K-1 visa requirements. the I-94 has a 6 month out of status before I-94 starts accruing time. (180, 3 year ban; 365, 10 year ban) this "out of status" mainly affects AP and EAD plus causes additional questions and hassles to the point you almost need a legal representative.

It is assumed and believed under K-1 Visa AOS will be done ASAP or withing reason of the 6 months (some time is given for pregnancy, shots, marriage certificate recorded, etc) However, a longer stretch of time over 6 months unless there is significant monetary issues can be deemed as "unforgivable" with an immediate order to adjust status or permanent lifetime ban. the longer you wait the more questions will be asked. Because of marriage, it is not considered "unlawful". But through marriage considered "out of status". There is a deference given for immediate relative. However, abusing this "deference" in waiting for AOS over an extremely long period without valid reason can cause significant problems over time. Things have gotten tougher since September 2011, it is just wiser to comply, then to risk the alternatives.

You are right except for the fact that I-94s don't always grant 6 months. Usually, with a K-1, the I-94 will grant only 90 days. An immigration officer can always grant more or less though.

No, no setbacks really. We had some home repairs to fund pretty soon after getting here, but we still could have got the money if we had too. I guess we were just happy with me being around all the time, call it a gap year (break from working many hours since being 16..I'm mid 40's now) if you like. We didn't feel the need to rush the AOS process & I've been keeping busy with projects & volunteering etc. I'm starting to want my independence now though, want to provide for my new wife & step-kids, get a driving license, buy groceries myself etc, so the times right Should be mailing the AOS & EAD paperwork in this weekend. Thank you

Good luck. If you have already accumulated too much unlawful presence to be near the ban (180 days), DO NOT LEAVE the U.S. before you obtain a Green Card, even if you do apply for and get advance parole. Even if you aren't subject to the ban, do not leave the U.S. before you obtain advance parole or your adjustment of status application will be deemed abandoned, and all of the time you spent in the U.S. after your I-94 expired will be deemed unlawful presence.

What is AP and EAD? How can I get a SS card if I don't have a greencard or permant visa?

AP= advance parole and EAD= employment authorization document. You can file applications for AP and EAD with your adjustment of status application, using forms I-131 and I-765. AP and EAD give you interim benefits before the GC is approved. AP allows you to leave and enter the U.S., without abandoning your adjustment of status application. EAD allows you to work.