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Nursepeters

Please Help! My husband was detained today!

By Nursepeters in General Immigration-Related Discussion

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Nursepeters Newbie

Nursepeters   0

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Filed: K-1 Visa Country: Grenada
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Hi there. I am looking for some advice...My husband who came in on a fiance visa was detained today and is being held in a deportation facility in Texas. He was on a bus that was pulled over by Border Patrol and his visa is expired. We got married within the 90 days, but we have not filed for AOS yet,because we were trying to get his daughter here and were told there is no deadline to do so...What can I do? I am looking for a lawyer but I love this forum and used it when we were trying to get him here. I was unable to access my old account but i wanted to come here to ask. Would it do any good to file the AOS now? What is going to happen to him? I am grateful in advance to anyone that can shed some light on this for us. Take care, Deb

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Hypnos
Hypnos

As stated, find a lawyer. He will have to go in front of an immigration judge for a hearing, but will likely be allowed to AoS. Hopefully this will persuade some naysayers around here that believe K-

KayDeeCee
KayDeeCee

You think the laws about being here legally or not do not serve the people? If you enter on a visa and stay beyond the given time, then you are out of legal status in the US and can be detained. When

TBoneTX
TBoneTX

Although traumatic for you, this is an object lesson for every K-1 couple. -- Get married within the 90 days. -- File for AOS/AP/EAD as soon as possible (have the funds for the fees allocated in adv

Merrytooth Mentor

Merrytooth   5,748

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Filed: Lift. Cond. (apr) Country: Singapore
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You need an immigration lawyer asap! You can't do it alone.

If the alien came here in the USA legally with a VISA (now expired), the alien has a chance since the alien is an immediate relative of a USC provided that AOS was filed.

Being married to a US citizen doesn't automatically stop deportation, but it does allow someone to request a stay of removal so that they can apply for adjustment of status. The immigration judge will usually grant this if the alien appears to be eligible for adjustment; e.g., didn't enter without inspection, and isn't being removed for an unwaiverable inadmissibility.

Read this link:

http://www.ice.gov/doclib/foia/prosecutorial-discretion/handling-removal-proceedings.pdf

Done with K1, AOS and ROC

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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As stated, find a lawyer. He will have to go in front of an immigration judge for a hearing, but will likely be allowed to AoS.

Hopefully this will persuade some naysayers around here that believe K-1s are somehow magically protected from being detained by ICE just because they married within the 90 days; if you're out of status then you're out of status, and subject to detention by ICE at any time.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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KayDeeCee Grand Master

KayDeeCee   4,893

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Filed: Citizen (apr) Country: Mexico
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So sorry to hear that happened to him. He was unlucky enough to get caught by that small chance of being detained if out of status before filing for AOS. Follow the advice above and find an immigration attorney. I hope the judge simply orders him to file for AOS immediately, since he is eligible to do so. Please keep us informed about your case. I would like to hear that all ended up well for you both.

~ Moved from K-1 Process to General Immigration-Related Discussion ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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aussie_jason Rising Star

aussie_jason   195

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Filed: AOS (apr) Country: Australia
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If you live or travel near the border with Mexico then the chances are not small, I would classify that as a high risk area and would never risk it while not in status especially on a bus where they will check everyone and not just ask the driver. ICE along with CBP are all over that area and there are multiple secondary checkpoints on US soil.

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KayDeeCee Grand Master

KayDeeCee   4,893

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Filed: Citizen (apr) Country: Mexico
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If you live or travel near the border with Mexico then the chances are not small, I would classify that as a high risk area and would never risk it while not in status especially on a bus where they will check everyone and not just ask the driver. ICE along with CBP are all over that area and there are multiple secondary checkpoints on US soil.

Yes, the checkpoints along the border put you at a higher risk of being detained. So does riding a bus. They have been known to do sweeps of buses looking for illegals. My small chance comment was about overall. There is in general a small chance to be detained when out of status on a K-1 before filing for AOS. Most people are never detained and do not have any issues with being out of status before filing. Because of the chance being small and most not having problems, some have come to the false conclusion that marrying within the 90 days protects you, even if your I-94 has expired. It does not.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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athough his visa is expired,

what's the expiration date on the I-94?

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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TBoneTX Grand Master

TBoneTX   45,285

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Filed: Citizen (apr) Country: Ecuador
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Although traumatic for you, this is an object lesson for every K-1 couple.

-- Get married within the 90 days.

-- File for AOS/AP/EAD as soon as possible (have the funds for the fees allocated in advance).

-- Carry the most recent documentation with you at all times:

* Within the 90 days, the passport with valid I-94 + marriage certificate.

* After marriage but before AOS NOA1, the above + copy of your AOS cover-letter (+ check).

* Then: passport, marriage certificate, AOS NOA1.

* Then: passport, mc, NOA2.

* Then: passport, mc, AP/EAD card.

* Then: green card, at all times until citizenship.

* At ROC time: 2-year green card, 1-year extension letter for it.

* Then: 10-year green card, at all times until citizenship.

CBP agents, especially within a 100-mile radius of the southern border, are bored, often in foul moods, and looking to nail someone.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Fixable.

But at a cost. Time to lawyer up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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twopeepsaz Apprentice

twopeepsaz   3

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Filed: AOS (apr) Country: Mexico
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Fixable.

But at a cost. Time to lawyer up.

I wish someone could explain the compelling interest our government has to traumatize this family for such a frivolous issue. It took us six weeks to get our Marriage Certificate. I feel like the people who live near the Boarder in the 'Constitution Free Zone' are unfairly penalized and restricted from traveling because of these petty rules. It wouldn't be rocket science to tweak the rules a little to make their lives easier with absolutely no negative impact. How many people can afford to pay an attorney without notice. I am disgusted and wish I didn't read this.

Best of luck to you guys!!! Please keep us posted and we will pray for a good outcome.

Edited by twopeepsaz

[01/21/2014] I-130, I-485, I-765 sent off to Chicago

[01/27/2014] (Day 1) Package Arrived in Chicago

[01/27/2014] (Day 1) NOA Date

[01/30/2014] (Day 4) Fingerprint Fee Accepted - Case Transferred to National Benefits Center

[01/31/2014] (Day 5) Checks Cashed

[02/07/2014] (Day 12) Hardcopies NOA in mailbox

[02/10/2014] (Day 15) Bio-metrics Letter in mailbox Appt 2/24/2014

[02/11/2014] (Day 16) Successful Bio-metrics Walk In

[03/05/2014] (Day 38) 485 Status Changed to Testing and Interview

[03/18/2014] (Day 51) Email with Interview Date: 04/23/2014

[04/07/2014] (Day 71) Text/Email Indicating EAD Card In production / AP Approved

[04/10/2014] (Day 74) Text/Email Indicating EAD Card Mailed

[04/14/2014] (Day 78) EAD Card In Hand

[04/15/2014] (Day 79) Applied for SS#

[04/23/2014] (Day 87) Interview (Approved on spot)

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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I wish someone could explain the compelling interest our government has to traumatize this family for such a frivolous issue. It took us six weeks to get our Marriage Certificate. I feel like the people who live near the Boarder in the 'Constitution Free Zone' are unfairly penalized and restricted from traveling because of these petty rules. It wouldn't be rocket science to tweak the rules a little to make their lives easier with absolutely no negative impact. How many people can afford to pay an attorney without notice. I am disgusted and wish I didn't read this.

Best of luck to you guys!!! Please keep us posted and we will pray for a good outcome.

Frivolous?

They had the option to avoid the issue and chose not to take it for whatever reason.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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twopeepsaz Apprentice

twopeepsaz   3

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Filed: AOS (apr) Country: Mexico
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Frivolous?

They had the option to avoid the issue and chose not to take it for whatever reason.

Yes frivolous! Are you suggesting they become a prisoner in their own city? Besides, I would hope that people on this community would show them support now rather than taking pot shots at them when they are down.

[01/21/2014] I-130, I-485, I-765 sent off to Chicago

[01/27/2014] (Day 1) Package Arrived in Chicago

[01/27/2014] (Day 1) NOA Date

[01/30/2014] (Day 4) Fingerprint Fee Accepted - Case Transferred to National Benefits Center

[01/31/2014] (Day 5) Checks Cashed

[02/07/2014] (Day 12) Hardcopies NOA in mailbox

[02/10/2014] (Day 15) Bio-metrics Letter in mailbox Appt 2/24/2014

[02/11/2014] (Day 16) Successful Bio-metrics Walk In

[03/05/2014] (Day 38) 485 Status Changed to Testing and Interview

[03/18/2014] (Day 51) Email with Interview Date: 04/23/2014

[04/07/2014] (Day 71) Text/Email Indicating EAD Card In production / AP Approved

[04/10/2014] (Day 74) Text/Email Indicating EAD Card Mailed

[04/14/2014] (Day 78) EAD Card In Hand

[04/15/2014] (Day 79) Applied for SS#

[04/23/2014] (Day 87) Interview (Approved on spot)

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Posted

Suggesting they file to adjust status within the 90 days.

You seem confused.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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