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Niblet

Niblet just got hitched to his Pinay!!

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And what you keep ignoring is "and remain in the United States while USCIS processes the application". The "may" is there because you do not have to get a green card, the nonimmigrant can go home. You are confusing being able to get away with not filing when the I-94 and so that makes the K-1 legal. Out of Status, which you yourself called it, is not a legal status to be in while in the USA, it means you are deportable. You can get away with speeding, you can get away with running a stop sign or light to, that does not make it legal. People get away with doing things that are not legal all the time, but doing so does not make them legal. Any nonimmigrant entering the country gets a fixed maximum time in the USA, and that is on the I-94. The K-1 visa is no different. A visitor can enter and stay for years and never get deported. The difference is if the K-1 gets caught up with, they get the option to adjust status with a deadline, while the visitor will immediately go to deportation proceedings. The reason you don't see the married K-1s deported, is of course they're going to do everything they can to adjust status once ordered to do so.

You're the one who needs to stop spreading the false information that being in the country on a K-1 visa after the i-94 expires gives them some legal right to be here. The K-1 nonimmigrant visa only gave the right to enter the country to get married and adjust their status to a legal status. It never conferred the right to enter, get married and stay forever without adjusting status.

Once again, show me official proof of your belief my wife is deportable because she is an illegal be cause she is out of status

one major flaw in your logic is this I-94,,where,,oh where is the EXPIRATION DATE on the I-94???

there is an "admit until" date,,,but nothing that says,,"hey after this date ,,your an illegal"" on it.

The I-94 is simply an entry permit,,,its a record saying she entered legally for the purpose of marriage.

she complied with this,,,so now what?? she is out of status until I cough up 1100 for the AOS fee...

big deal,,,she is still in this country legally and she is my wife,,,let them try to deport her

as I stated before, it aint happening,,not now,,not ever,,,until there is an OFFICIAL explanation,,

I just chalk this up to a "grey area" that the lawyers would hash out if she was ever hauled into court,,

"Never Argue with an idiot, he will only bring you down to his level"

K1 Visa Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent :

I-129F NOA1 : 2013-03-20

I-129F NOA2 : 2013-07-28

Interview Date : 19 AUG 2013 cancelled due to flooding Sept 11 2013

Interview Result : Approved!

Visa Received : 18 Sept

US Entry : 26 Sept 2013

Estimates/Stats : Your I-129f was approved in 130 days from your NOA1 date.

Married 12-15-2013!!!!!!!!!!!!!!

AOS- When I get the cash for it

A guy shouldnt have to go through all this hassle to bring a girl over

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Filed: Other Country: Philippines
Timeline

Cary, you really can't be putting out bad info like this...

There is no timeframe listed anywhere that I can find. In fact, I have read on other sites that some put off filing AOS on purpose to avoid the 2+1 year GC, and go straight for the 10-year GC. It's financially a LITTLE BIT cheaper to do it this way. And while waiting, the foreign spouse can't work. Period. That is all. She can drive, she can get an ID, she can get a bank account. And reporting marriage does NOT require an EAD or GC. Why? Cuz we reported ours before we filed for AOS. We also got her new passport in maiden name at the same time.

Just like I asked aaron2020 to do, show me one documented case where an out-of-status K1'er got deported. Cuz when I emailed USCIS about it in our situation, an agent explained to a DMV employee that my wife is out of status, but that it's a legal status for her as a K1. She never said anything about "hurry up and file AOS or we will send her back".

Also, IIRC, Hank's wife went in and out of ICE checkpoints just fine after I-94 and prior to AOS. Hope he pipes in to either dispel this or to dispel your claim above of a person having problems in that scenario.

Sorry man, but that is how vicious (and untrue) rumors spread here. Like wildfire. Gotta keep the facts straight.

Yup we would regularly ride through CBP checkpoints before filing AOS, first time my wife didn't have her passport on her and they just said that she should always carry her passport when out and about, after that it was tucked away "just in case", but they never asked for it.

You go to your DMV and apply for one. Some states will insist you do so before the I-94 expires.

And I never said without SSN. But you can get an SSN within days of arrival in the US. Typically around day 7.

I don't know about DMV in other states but here in AZ they put the expiration date the same as the I-94/EAD/green card, so if you got a DL using the I-94 it wouldn't be good very long. Next fall we will do ROC and will have to renew her DL as it will expire at the same time as the conditional GC.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: IR-1/CR-1 Visa Country: China
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when at the deportation hearing, O Niblet -

the judge will ask - 'Do you intend to file the AOS on your wife?'

and if the answer is yes, then her overstay gets forgiven, automagically, when the green card is issued.

This forgiveness is normal, not need to have any deportation hearing about it.

Of course, I write about the 'end game', what happens after going into ICE Custody, there's lots of stuff that could happen, several different paths, prior.

So, would she be deportable after the I-94 expires? Yes, technically.

However, at the deportation hearing, the two of you are given one more chance, one more stab at filing the AOS, by a judge.

IMO, although she's deemed deportable, the immigration judge won't issue the deportation order, as she has a legal path to adjusting her status.

--

More fun should ensue, though, this thread needs 3 or 4 more pages of drivel, IMO. Any photos of yer truck? post those, we can fork a bit.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Other Country: Philippines
Timeline

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Filed: IR-1/CR-1 Visa Country: China
Timeline

now Hank_ come on, lets not present Niblet with facts that are covered in the K-1 visa guide and the AOS Guide. Please, don't do that.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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when at the deportation hearing, O Niblet -

the judge will ask - 'Do you intend to file the AOS on your wife?'

and if the answer is yes, then her overstay gets forgiven, automagically, when the green card is issued.

This forgiveness is normal, not need to have any deportation hearing about it.

Of course, I write about the 'end game', what happens after going into ICE Custody, there's lots of stuff that could happen, several different paths, prior.

So, would she be deportable after the I-94 expires? Yes, technically.

However, at the deportation hearing, the two of you are given one more chance, one more stab at filing the AOS, by a judge.

IMO, although she's deemed deportable, the immigration judge won't issue the deportation order, as she has a legal path to adjusting her status.

--

More fun should ensue, though, this thread needs 3 or 4 more pages of drivel, IMO. Any photos of yer truck? post those, we can fork a bit.

Yeah niblet, we are waiting for 8x10 photos of your truck. It seems you do things big, except for planning....And maybe some larger pics of your beautiful wife. She sure looks sweet, many will wonder why she wants to be your fourth Pinay. My wife is 96 pounds, 4'9", cute as a button. But imagine this. I had everything ready for her arrival. Bills paid, roof over our heads (mom was not under the same roof so thank God we could make all the newlywed noise we wanted), food to eat, a car, albeit not a 68K dollar truck but it gets us from place to place. Well I guess we got different priorities. My wife is my NUMBER ONE priority. Good luck Mrs. Niblet.

now Hank_ come on, lets not present Niblet with facts that are covered in the K-1 visa guide and the AOS Guide. Please, don't do that.

Darnell,

Are you a stand up comedian? hahahahaha You make me laugh, again and again.

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My job is my priority,,,it come before family,,wife etc,,

If you want me to post pics,,you start,,then I will reciprocate,,I've already told you people too much about me

Edited by Niblet

"Never Argue with an idiot, he will only bring you down to his level"

K1 Visa Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent :

I-129F NOA1 : 2013-03-20

I-129F NOA2 : 2013-07-28

Interview Date : 19 AUG 2013 cancelled due to flooding Sept 11 2013

Interview Result : Approved!

Visa Received : 18 Sept

US Entry : 26 Sept 2013

Estimates/Stats : Your I-129f was approved in 130 days from your NOA1 date.

Married 12-15-2013!!!!!!!!!!!!!!

AOS- When I get the cash for it

A guy shouldnt have to go through all this hassle to bring a girl over

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My job is my priority,,,it come before family,,wife etc,,

If you want me to post pics,,you start,,then I will reciprocate,,I've already told you people too much about me

Why didn't I see this earlier? You posted it yourself!

"Never Argue with an idiot, he will only bring you down to his level"

I'm OUT! I am not coming down...

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Why didn't I see this earlier? You posted it yourself!

"Never Argue with an idiot, he will only bring you down to his level"

I'm OUT! I am not coming down...

Dont go,,show me some pics of your wife and your house car etc,,then I will post some,,

c'mon dont go,,,,,stick around,,'ole Nibby's just gettin warmed up!goofy.gif

"Never Argue with an idiot, he will only bring you down to his level"

K1 Visa Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent :

I-129F NOA1 : 2013-03-20

I-129F NOA2 : 2013-07-28

Interview Date : 19 AUG 2013 cancelled due to flooding Sept 11 2013

Interview Result : Approved!

Visa Received : 18 Sept

US Entry : 26 Sept 2013

Estimates/Stats : Your I-129f was approved in 130 days from your NOA1 date.

Married 12-15-2013!!!!!!!!!!!!!!

AOS- When I get the cash for it

A guy shouldnt have to go through all this hassle to bring a girl over

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Share on other sites

And what you keep ignoring is "and remain in the United States while USCIS processes the application". The "may" is there because you do not have to get a green card, the nonimmigrant can go home. You are confusing being able to get away with not filing when the I-94 and so that makes the K-1 legal. Out of Status, which you yourself called it, is not a legal status to be in while in the USA, it means you are deportable. You can get away with speeding, you can get away with running a stop sign or light to, that does not make it legal. People get away with doing things that are not legal all the time, but doing so does not make them legal. Any nonimmigrant entering the country gets a fixed maximum time in the USA, and that is on the I-94. The K-1 visa is no different. A visitor can enter and stay for years and never get deported. The difference is if the K-1 gets caught up with, they get the option to adjust status with a deadline, while the visitor will immediately go to deportation proceedings. The reason you don't see the married K-1s deported, is of course they're going to do everything they can to adjust status once ordered to do so.

You're the one who needs to stop spreading the false information that being in the country on a K-1 visa after the i-94 expires gives them some legal right to be here. The K-1 nonimmigrant visa only gave the right to enter the country to get married and adjust their status to a legal status. It never conferred the right to enter, get married and stay forever without adjusting status.

I'll get back to you on the K1 out of status thing. I can see your point, and you may be more correct than I am. Deportable? Maybe so. Likely? I think we both agree prolly not. I have read of a couple of cases I found online where a couple was told to hurry up and file AOS after the 2-year point... but they were not deported as far as I can tell. All I am trying to do is rid us of "tribal knowledge", which serves no good usually. So until/if I can confirm my beliefs via USCIS or the immigration laws, I'll grant you that what you say makes sense.

You're still wrong about the EAD thing you said... that one has to have EAD/GC in order to file ROM. Untrue. And that folks can't drive or get an ID without AOS... only in certain situations (i.e. after I-94 expires) is this true. In AZ, the DL is only good for as long as the I-94 or GC, according to Hank. In AK, one can get an ID or DL prior to I-94 expiration, and it's good for 4 years. Each state can be vastly different. Feel free to chime in with MN requirements. Heck, if enough people chime in, we might be able to create a VJ database of info that is actually useful.

More to follow as facts are unveiled...

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Again,,I ask you where on the I-94 is the expiration date?

Why is it you cant get a DL after its "expired"????

again,,the I-94 is only proof of entry,,,,why the DMV uses it is ridiculous

Mine "expires" ON dEC 24,,,

so she will take her knowledge test on Monday and get the learners permit

"Never Argue with an idiot, he will only bring you down to his level"

K1 Visa Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent :

I-129F NOA1 : 2013-03-20

I-129F NOA2 : 2013-07-28

Interview Date : 19 AUG 2013 cancelled due to flooding Sept 11 2013

Interview Result : Approved!

Visa Received : 18 Sept

US Entry : 26 Sept 2013

Estimates/Stats : Your I-129f was approved in 130 days from your NOA1 date.

Married 12-15-2013!!!!!!!!!!!!!!

AOS- When I get the cash for it

A guy shouldnt have to go through all this hassle to bring a girl over

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Again,,I ask you where on the I-94 is the expiration date?

Why is it you cant get a DL after its "expired"????

again,,the I-94 is only proof of entry,,,,why the DMV uses it is ridiculous

Mine "expires" ON dEC 24,,,

so she will take her knowledge test on Monday and get the learners permit

From: http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/i94_rollout.xml

Upon arrival, a CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted until.

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Why didn't I see this earlier? You posted it yourself!

"Never Argue with an idiot, he will only bring you down to his level"

I'm OUT! I am not coming down...

I've seen pics of Niblet's fiance, so I guess as he said, it's your turn.

Dont go,,show me some pics of your wife and your house car etc,,then I will post some,,

c'mon dont go,,,,,stick around,,'ole Nibby's just gettin warmed up!goofy.gif

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From: http://cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/i94_rollout.xml

Upon arrival, a CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted until.

No expiration date on my wife's K-1 I-94. If I remember right, no expiration date, good for 18 months. But since they are not being issued at the POE anymore, I don't know why we are even having this discussion.

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