How long can she stay on K-1

[aaron2020 11,651]

HELLO ! What Have I been Saying. LOL. But yes, File the AOS ASAP

No. What you said was "chill out" which implies there is no worries about filing after the 90 days.

So, HELLLO - being detained by ICE is not a "chill out" event.

[aaron2020 11,651]

For heavens sake.

The K-1 expires 90 days after she enters the US. Once the 90 days are up and she does not file to adjust, she is out of status. Being out of status makes her deportable. Being deportable does not mean the same thing as being deported.

Since she is deportable, ICE can detain and hold her. However, she is unlikely to get deported because she will be given an opportunity to file to adjust based on her marriage to a US citizen and the fact that she entered with inspection. If she does not file to adjust when given the opportunity, she can be deported.

Here is my first post.

NO WHERE DID I SAY THAT SHE WOULD BE DEPORTED. SEE THE PART WHERE I SAY SHE IS UNLIKELY TO BE DEPORTED.

I stated that being out of status and not filing for AOS means that ICE can detain her. I see no disagreement about this except from Mav.

Being detained by ICE is stressful and not fun. Appearing before an immigration judge is not fun.

[Tim/Mav 305]

No. What you said was "chill out" which implies there is no worries about filing after the 90 days.

So, HELLLO - being detained by ICE is not a "chill out" event.

Your Advise was inconclusive and not totally correct. We all make those mistakes. Theres no Shame in it.. I'm not always right. It's only a opinion and not to be relied upon. Op's have to gather different ideas and find ones that best fit each individual circumstance.. Thats what VJ is. I'm not Right and your not Wrong.

ICE is not going to get involved in a K-1 Visa IMMEDIATELY. Be real. And thats an Opinion. LOL

[TBoneTX 45,289]

I agree that DHS will not initiate removal proceeding. But the OP asked will she be out of status and what could happen.

Being out of status means that ICE can detain her. If she files for AOS, ICE has no legal authority to detain her for being in the US. Do you disagree with this?

If she is picked up by ICE and she does not file for AOS, does this make her deportable?

You said her chances of being placed in removal is extremely remote. Extremely remote does not mean it can't happen.

--------------

Does anyone recall a post from last year where a woman who entered the US on a K-1, married within 90 days, did not file for AOS, and was subsequently detained by ICE at a bus station?

Deportable does not equal being deported.

Not disagreeing with you at all, no man.

[Tim/Mav 305]

Here is my first post.

NO WHERE DID I SAY THAT SHE WOULD BE DEPORTED. SEE THE PART WHERE I SAY SHE IS UNLIKELY TO BE DEPORTED.

I stated that being out of status and not filing for AOS means that ICE can detain her. I see no disagreement about this except from Mav.

Being detained by ICE is stressful and not fun. Appearing before an immigration judge is not fun.

She is not Deportable. They just got Married. Can they a few weeks to File the AOS. Oh Please. You can't File an AOS until after Your Married

[aaron2020 11,651]

Your Advise was inconclusive and not totally correct. We all make those mistakes. Theres no Shame in it.. I'm not always right. It's only a opinion and not to be relied upon. Op's have to gather different ideas and find ones that best fit each individual circumstance.. Thats what VJ is. I'm not Right and your not Wrong.

ICE is not going to get involved in a K-1 Visa IMMEDIATELY. Be real. And thats an Opinion. LOL

LOL. Nice.

Please show me anything in my posts where I said that ICE would IMMEDIATELY be involved in a K-1 visa.

You are the only saying there is nothing to worry about which is totally incorrect.

Classic - turning the table when you are wrong.

Since you disagree with my first post, please enlighten me with where I was inconclusive and not totally correct? What would you add to my original post?

[aaron2020 11,651]

She is not Deportable. They just got Married. Can they a few weeks to File the AOS. Oh Please. You can't File an AOS until after Your Married

Duh. Getting married on the K-1 is a prerequisite to file to AOS. No where did I disagree with this.

The OP stated that they married within 90 days. He also stated that she will not file to adjust within those 90 days. He asked what could happen. I stated that she could be picked up by ICE, she is unlikely to be deported, and that she will be given the opportunity to adjust.

Do you understand the difference between being deportable and being deported?

Edited April 19, 2012 by aaron2020

[TBoneTX 45,289]

LOL.

Actually, "it hurts too much to laugh, but I'm too old to cry."

[Tim/Mav 305]

LOL. Nice.

Please show me anything in my posts where I said that ICE would IMMEDIATELY be involved in a K-1 visa.

You are the only saying there is nothing to worry about which is totally incorrect.

Classic - turning the table when you are wrong.

Since you disagree with my first post, please enlighten me with where I was inconclusive and not totally correct? What would you add to my original post?

I suggest you read Jim's post. Look, no hard feelings. Yes the AOS is suggested soon after the Marridge. The OP was questioning the time limit. ? As Jim stated: there is none really but should be done ASAP. I agree, it complicates things and questions will arise if delayed

[aaron2020 11,651]

It's DHS policy not to initiate removal proceedings against someone who is immediately eligible to adjust status unless they have evidence that the alien is inadmissible. It would be a waste of time and resources because an immigration judge would grant a stay of deportation while their adjustment of status was being adjudicated. It would also be contrary to the executive order on prosecutorial discretion issued last year.

Even if they were detained, the chances of a K1 who married within 90 days being placed in removal are extremely remote.

I suggest you read Jim's post. Look, no hard feelings. Yes the AOS is suggested soon after the Marridge. The OP was questioning the time limit. ? As Jim stated: there is none really but should be done ASAP. I agree, it complicates things and questions will arise if delayed

I suggest you read Jim's post again. Did he really say "there is none really" about a time limit to file AOS. I don't see anything like that. I see nothing about the timing to file to adjust.

You are a master at misquoting people.

Jim stated that DHS is unlikely to initiate removal proceedings.

Now, under what circumstances would the OP's wife end up appearing before an immigration judge? Wouldn't she have to be detained by ICE?

Edited April 19, 2012 by aaron2020

[Penguin_ie 5,993]

**** One post containing provanity and one quoting same removed. Stay civil and on-topic please. ****

[petrovic79 0]

Read above Boiler. Any thoughts. Thats what we do Right or Wrong! Were not Lawyers

Which documents you are asked to send later, RFE???

Thanks

[Tim/Mav 305]

Which documents you are asked to send later, RFE???

Thanks

There is NO RFE asked for. The Question is about Filing the AOS

[Tim/Mav 305]

They recently got Married according to the guides of Law. They have time to File. You can't File until your married. There is Nothing out-of-line. My thought

[LSnBigBear 61]

My friend delayed their AOS due to financial reasons. His check even bounced and they gave him two weeks to make it good or he would have to start process all over. He explained and they told him to start the AOS all over. He then came up with some cash as his wife needed to exit. She was here 10 months when they had their AOS interview... No issues so you should be okay.... You're married so you did your first part. You need to get it done though just for more tax and legal purposes on going... But delays happen due to finances. She will not be deported...