Please Help! My husband was detained today!

[KayDeeCee 4,893]

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.

I did not see anyone take 'pot shots' at the OP. I saw people giving helpful advice, and for this to act as a warning to other K-1 visa entrants that they are not immune to being out of status simply because they married a USC. What 'pot shots' are you speaking of?

[KayDeeCee 4,893]

-

Hmm, well I apparently missed your answer.

[SusieQQQ 11,586]

I did not see anyone take 'pot shots' at the OP. I saw people giving helpful advice, and for this to act as a warning to other K-1 visa entrants that they are not immune to being out of status simply because they married a USC. What 'pot shots' are you speaking of?

I agree with this.

Also as for "frivolous", the immigration laws are there and the rules are clear. It's not up to individuals to decide for themselves which laws are "frivolous" enough for them to break or if they do, they need to bear the consequences. Luckily for the OP it seems this is something that can be sorted out, and hopefully others reading this will think twice about doing the same thing.

[Cathi 5,748]

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.

Not one single person took a "pot shot" at the OP. they didnt file AOS in a timely manner, that is what got them into this predicament. If they make an exception for them they have to make an exception for everyone who doesnt follow through with their AOS and is caught being out of status. Rules are rules. That is why it's a good idea to plan ahead of time, making sure you have the funds to file. If the OP hires an attorney quickly this can most likely be fixed. Previous posters were very helpful pointing them in the right direction to remedy their problem.

To the OP: please keep us updated and best of luck.

Edited March 12, 2014 by mimolicious

[Homer Simpson 7]

You must get an immigration lawyer Yesterday

You must get an immigration lawyer Yesterday

[Darnell 8,478]

athough his visa is expired,

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

[twopeepsaz 3]

Hmm, well I apparently missed your answer.

Yes you did. I want the focus of this thread to be on the problem the OP is having and not my opinions. As an American, I believe that we should be involved in our laws and challenge our government to serve the people. I live close to the border so there are additional frustrations with this process. In terms of Pot Shots, there was only one implying that they "chose" to be in this situation ignoring whatever challenges prevented them from Adjusting Status within 90 days.

With that I will go back to lurking.

[SusieQQQ 11,586]

there was only one implying that they "chose" to be in this situation ignoring whatever challenges prevented them from Adjusting Status within 90 days.

I honestly think this is very much a "thin end of the wedge" type response. On that same logic just about anyone out of status on any visa can find an "excuse" or "challenges" or whatever. The advice given previously to people to ensure that they are in a position to be able to meet the rules after they have entered is perfectly valid.

[NickD 202]

Back then, all of this USCIS stuff was totally new to me, but did know one thing. After our marriage, we spent our honeymoon filling out USCIS forms. We also had that I-94 expiration date to meet.

Also learned about that I-539 visa extension form, 300 bucks as I recall in case we didn't make it. The thing is, they don't give us big signs to read as to what you have to do, but you have to dig in and find it for yourself. Was also a panic to gather all the documents they wanted, but this was done before my wife and stepdaughter came here.

Was so naive on this subject, just thought we could get married and live happily ever after, ha, my wife to be knew more about immigration than I did. But with work on a complex project, just cheated and hired a top immigration attorney for guidance. He emailed a list of the forms and the evidence we needed to compile. During our dating stage, already knew about that I-94 and the consequences of overstaying it.

We did get our forms in on time, received an NOA that my wife and stepdaughter were clear to stay here just after two weeks we sent those in. That is when we could finally relax, but took almost a year before we were called in for our interview.

One may think for what the USCIS charges, you could walk into a field office and get help with what has to be done and even help in filling out those long crazy forms the way they want to. But they don't do this!

But no different with the IRS with over a thousand different forms and 13,000 pages of tax laws, this I did know something about. Why in the hell does our government have to make what should be simple so complicated? And why are we like dumb sheep following our shepherd only to be led to a slaughter house?

My immigration attorney made the comment several times, if it was easy, he wouldn't have a job. I have the immigration papers for my grandfather, was filled out by an agent at Ellis Island, and just one simple one page form even I could comprehend. Then six weeks of schooling on a Monday and Wednesday night to learn how to become a US citizen. Six weeks after he came here, was a US citizen.

Things sure changed since then. I have to laugh really hard when I read that bit about a paper reduction act at the end of each instruction sheet. Wife saw her file, was 4" inches thick!

So sorry you didn't take of all these things in advance and can only wonder how this was done even twenty years ago? Was no internet back then.

Could also ask why we have a country led by attorneys, but they are sure helping their brother attorneys with lots of extra work.

[KayDeeCee 4,893]

Yes you did. I want the focus of this thread to be on the problem the OP is having and not my opinions. As an American, I believe that we should be involved in our laws and challenge our government to serve the people. I live close to the border so there are additional frustrations with this process. In terms of Pot Shots, there was only one implying that they "chose" to be in this situation ignoring whatever challenges prevented them from Adjusting Status within 90 days.

With that I will go back to lurking.

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 you enter on a K-1, you should know that you are entering on a non-immigrant visa. You are given 90 days when you enter. You need to marry within those 90 days in order to be eligible to file for AOS. When your 90 days are up(the I-94 expires) and you have not filed for AOS yet, then you are out of status. Being married to a USC does not protect you and give you any legal status within the US. You must apply for permanent residency in order to gain a legal status. Once you file for AOS, you enter a new period of authorized stay while waiting for your green card approval.

Someone that knowingly waits to file for AOS is in fact making a choice to remain out of status, no matter why they are making that choice. If they get on a bus and travel near the southern border, then they have made another choice. Choices have consequences. They did choose to do those things, so no need for "chose" to be in quotes. No one was saying they were happy the OP's husband was detained. They were just pointing out how it could have been avoided had he not made the choices he did.

Also learned about that I-539 visa extension form, 300 bucks as I recall in case we didn't make it.

Someone that enters on a K-1 is not eligible to file for an extension of their non-immigrant status. http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

[SparklePony 238]

What I don't get is - and I've seen this come up somewhat regularly on VJ - what exactly is the timeline for filing for AOS?

As long as the couple married within 90 days of entering on the K1 visa, then what exactly expired? The K1 expired the minute the visa holder entered the US, so that can't be it... the I-94, then? Then why are people not being told: you have to file for AOS before the I-94 expires - because I've never seen that said anywhere.

I'm not trying to justify the OP's choices or decisions here, I'm just trying to understand a process I'll be going through so soon. I have every intention of filing as soon as possible, but like one poster mentioned, it took them six weeks alone to get their marriage certificate. Who knows what can happen between filing and not filing. And without any clear guidelines, like the 90 days guideline to marry, it can get confusing.

[Merrytooth 5,748]

According to USCIS website

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

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

When you I-94 expires, you are out-of-status, deportable.

When you file for AOS, you are in a period of authorized stay as granted by the Attorney General.

This was stated in a policy memorandum by USCIS on June 17, 1997:

http://www.americanl...awfulmemo1.html

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

[belinda63 3,038]

The I-94 with any immigrant visa determines how long you are permitted to remain in the US. You must leave prior to the I-94 expiring or you will be out of status. This is true for any non-immigrant visa which includes the K-1. Filing for AOS gives you a period of authorized stay while it is pending adjudication. In other words, if he had filed for AOS and had a copy (or could have a copy brought to him) of the NOA-1 depending on the knowledge of the detaining authority he would be released. At worst he would go before the judge and show the NOA-1 and would be released as he is pending his green card.

Since the AOS was not filed and the I-94 is expired he is in an overstay status, not in a legal status, and subject to deportation the same as say as visitor who overstayed. Now he must go before the immigration judge and request his deportation be stayed pending his filing for AOS. Once that is done the deportation proceedings will be stopped

Time and again I see people saying "as long as you married within 90 days you have all the time you want to file for AOS" Legally this is true but this story shows the consequences of stating in the US with an expired I-94. Just being married to a US citizen grants no immigration benefits.

[SparklePony 238]

According to USCIS website

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

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

When you I-94 expires, you are out-of-status, deportable.

When you file for AOS, you are in a period of authorized stay as granted by the Attorney General.

This was stated in a policy memorandum by USCIS on June 17, 1997:

http://www.americanl...awfulmemo1.html

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

That's the thing, isn't it? It says you become out of status if you fail to marry. The OP's husband married her. The "as soon as you marry" part, I suppose, is clear enough, but it's not definite, hence the possible confusion.

[Boiler 45,486]

When your I 94 expires you are deportable.

Pretty clear?