Please Help! My husband was detained today!

[aussie_jason 195]

Perhaps the guides or the tips for K1 should be updated to include that you should prepare your I-485 package ahead of time and ensure you have the fees before you enter the US.

[Boiler 45,525]

It is rather stating the bleeding obvious, but you read some posts and wonder......

[SusieQQQ 11,586]

It is rather stating the bleeding obvious, but you read some posts and wonder......

I've seen posts from people with immigrant visas saying they didn't pay the ELIS fee before arrival because they didn't have the $165 to spare... I personally don't get how you can move to a new country and hope to set up if money is that tight, though I presume they had sponsors and a place to stay...

[Rebecca Jo 1,962]

Perhaps the guides or the tips for K1 should be updated to include that you should prepare your I-485 package ahead of time and ensure you have the fees before you enter the US.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.11.7

Item 6.1

It's always been there - but not incredibly easy to find. I agree with you in should be in a more visible place.

IMO, it's always been bad advice to say "no rush" to file for AOS. But that's what people say around here! Back in 2005, we filed my husband's AOS within 60 days of his arrival. I wanted everything about my husband's move to the US to be 100 percent above board legal. I didn't want grey areas. I believed anything less would be poor planning on my part, and it would also be no way to treat someone who gave up everything to move here to be with me.

[David & Diana R 1,005]

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.

I think the "traumatization" is brought on by the OP here. One simply has to follow the guides. Where was this bus coming from or going to? Mexico or not?

[Boiler 45,525]

http://www.visajourney.com/faq/k1k2visa-aos.html#6.11.7

Item 6.1

It's always been there - but not incredibly easy to find. I agree with you in should be in a more visible place.

IMO, it's always been bad advice to say "no rush" to file for AOS. But that's what people say around here! Back in 2005, we filed my husband's AOS within 60 days of his arrival. I wanted everything about my husband's move to the US to be 100 percent above board legal. I didn't want grey areas. I believed anything less would be poor planning on my part, and it would also be no way to treat someone who gave up everything to move here to be with me.

Whenever I have seen the comment I do mention the issues.

There are quite a few things in this sort of category you would have thought the Mods would correct, but they seem to focus on the trivial, well many do.

[Avery Cates 1,141]

Perhaps the guides or the tips for K1 should be updated to include that you should prepare your I-485 package ahead of time and ensure you have the fees before you enter the US.

It should be stated somewhere that if you haven't filed for AOS prior to the I-94 expiring that you're considered out of status. As much as I've spent all this time reading up about the process, I didn't know that until I read this thread. I now know that we were in that situation, because a number of factors prevented us from getting the vaccinations she needed as timely as we would have liked to be able to file. We're good now, retrieved the NOAs out of the mailbox this morning in fact.

A little more knowledge about that particular fact though would have meant I'd have pushed harder to get the time off of work I needed or harassed family some more to get it done earlier.

[Dave&Roza 748]

I know when I reply to the question, "When do I have to file my AOS by?" I give the no dead-line response with all the consequences of what happens after the I-94 expires and the medical and when you reach the 2 year mark on a K-1 and qualify for a 10 year GC based on marriage, but the K-1 is supposed to receive a conditional GC. I also mention that if the foreign spouse is near one of the US borders--especially the southern one--that they can be detained. I have had that comment poo pooed many times by others here because THEY live in AZ or NM or TX and THEY have not had any problems when THIER husband/wife was out-of-status. I stand by my warnings that you MAY be detained and hopefully the outcome is the IJ will demand you file AOS and by a certain date. Start saving for the AOS while the I-129F petition is pending. If the petition takes 6 months, that's about $175 per month. IMHO much cheaper than having to hire an immigration lawyer to fight being detained for being out-of-status.

OP: you had better start saving up the $1070 for filing for AOS as you will have a deadline to file by and that is the good news scenario.

Dave

Edited March 14, 2014 by Dave&Roza

[Caryh 5,206]

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.

They do tell you to adjust status and get you green card in order to legally be in the USA, as well as they tell anything, you need to look up the information on what the K-1 visa is, not just stick to the part on how to fill out the form. But most people I think are already to overwhelmed by the entire process to notice it. Somehow they think the K-1 is this magically visa that allows them a special loophole around the laws for all alien entrants to the USA. In one of the proposed bills on immigration reform, I've noticed an intent to make this more clear by requiring filing to adjust status within six months. Not sure what their intent is if people still don't, that would be on the administration side to decide, as the bill didn't define it.

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

Application Process

If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4) you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.

[Caryh 5,206]

I know when I reply to the question, "When do I have to file my AOS by?" I give the no dead-line response with all the consequences of what happens after the I-94 expires and the medical and when you reach the 2 year mark on a K-1 and qualify for a 10 year GC based on marriage, but the K-1 is supposed to receive a conditional GC. I also mention that if the foreign spouse is near one of the US borders--especially the southern one--that they can be detained. I have had that comment poo pooed many times by others here because THEY live in AZ or NM or TX and THEY have not had any problems when THIER husband/wife was out-of-status. I stand by my warnings that you MAY be detained and hopefully the outcome is the IJ will demand you file AOS and by a certain date. Start saving for the AOS while the I-129F petition is pending. If the petition takes 6 months, that's about $175 per month. IMHO much cheaper than having to hire an immigration lawyer to fight being detained for being out-of-status.

OP: you had better start saving up the $1070 for filing for AOS as you will have a deadline to file by and that is the good news scenario.

Dave

I've actually had my butt jumped on when I mention there's no real deadline for filing, but technically you're out of status and deportable when the I-94 expires. Most people here want to believe the K-1 holder is somehow perfectly safe if they get married in the 90 days. But I've been around long enough to know its not true. Its not common, but cases like this one do happen. My wife and I had her AOS filed with a good month to spare. I had planned even earlier, but the wedding accidentally ate into the AOS money when I wasn't paying close enough attention to the budget.

[Nursepeters 0]

Wow...well anyway! Thank you to all who offered kind words and support. He is out on bond and everything is going to be ok. Both the CBP and ICE and DHS have all been VERY HELPFUL...Just for the record, we have followed every procedure, contacted USCIS before his trip, he had his papers and we have been working dilligently to readjust status all along. sometimes, there are unforeseen circumstances which delay the process. And yes, this has been incredibly traumatic for our family, so thanks for the lectures...maybe reconsider judging others before you speak. just food for thought! i came here to ask advice, not to be stomped on....thanks for that link, it was very, very helpful.

[Merrytooth 5,748]

Wow...well anyway! Thank you to all who offered kind words and support. He is out on bond and everything is going to be ok. Both the CBP and ICE and DHS have all been VERY HELPFUL...Just for the record, we have followed every procedure, contacted USCIS before his trip, he had his papers and we have been working dilligently to readjust status all along. sometimes, there are unforeseen circumstances which delay the process. And yes, this has been incredibly traumatic for our family, so thanks for the lectures...maybe reconsider judging others before you speak. just food for thought! i came here to ask advice, not to be stomped on....thanks for that link, it was very, very helpful.

That's good news! Hopefully everything will go on smoothly from here for you guys

[Harpa Timsah 13,258]

I've actually had my butt jumped on when I mention there's no real deadline for filing, but technically you're out of status and deportable when the I-94 expires. Most people here want to believe the K-1 holder is somehow perfectly safe if they get married in the 90 days. But I've been around long enough to know its not true. Its not common, but cases like this one do happen. My wife and I had her AOS filed with a good month to spare. I had planned even earlier, but the wedding accidentally ate into the AOS money when I wasn't paying close enough attention to the budget.

I only know of one misinformed person who posts this over and over and he hangs out mainly in the PI forum. I have explained things to him many times and he will not listen.

The main AOS from K-1 forum has the right info in it when people respond.

OP: Good news! Good luck.

Edited March 14, 2014 by Harpa Timsah

[KayDeeCee 4,893]

Wow...well anyway! Thank you to all who offered kind words and support. He is out on bond and everything is going to be ok. Both the CBP and ICE and DHS have all been VERY HELPFUL...Just for the record, we have followed every procedure, contacted USCIS before his trip, he had his papers and we have been working dilligently to readjust status all along. sometimes, there are unforeseen circumstances which delay the process. And yes, this has been incredibly traumatic for our family, so thanks for the lectures...maybe reconsider judging others before you speak. just food for thought! i came here to ask advice, not to be stomped on....thanks for that link, it was very, very helpful.

Good to hear. Thanks for the update! I hope you two get it all sorted out and over with soon. Good luck!

[SusieQQQ 11,586]

Wow...well anyway! Thank you to all who offered kind words and support. He is out on bond and everything is going to be ok. Both the CBP and ICE and DHS have all been VERY HELPFUL...Just for the record, we have followed every procedure, contacted USCIS before his trip, he had his papers and we have been working dilligently to readjust status all along. sometimes, there are unforeseen circumstances which delay the process. And yes, this has been incredibly traumatic for our family, so thanks for the lectures...maybe reconsider judging others before you speak. just food for thought! i came here to ask advice, not to be stomped on....thanks for that link, it was very, very helpful.

I'm glad it worked out for you, and good to hear that the authorities have been so helpful.

Re some peoples responses, perhaps take that in the context of while in the post above you talk about "unforeseen circumstances", in your original post you made it sound like it was an entirely voluntary decision:

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...