Please Help! My husband was detained today!

[Caryh 5,206]

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.

Yep, its been in there but other places online. People want to think because they got married, they're not in an overstay situation if they don't file to AOS before the I-94 runs out. They way the USCIS is a bit vague in their instructions about the K-1, its not surprising many want to make up their own rules, like its a magical visa that changes the rules that apply to all nonimmigrant visas. I just want to make people aware, when they delay filing, there is a slight risk involved, and being in southern border states makes that risk larger.

[Caryh 5,206]

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 don't think any of them really want to be wasting resources for a case where someone has the legal right to adjust status. They know what the judge is going to say, adjust in so many days or leave. Just get it done now, and tell your husband to stay off those buses until his status is back to authorized period of stay.

[Marco&Bettina 502]

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.

Amazing post. This is why I've been planning so diligently. It is my belief that it's the least I can do for my Fiancee, considering her willingness to change everything about her life & give up everything she's ever known for me. I will spend the rest of my life proving to her how much I value that.

[ehklei19 18]

I have read the law, the actual U.S. Code to try and figure this stuff out. In the tradition of common law, what's illegal is written down while what's legal is not. There is no guidance on what happens to a K-1 visa holder after a legal marriage. It simply says they are eligible to Adjust Status to Conditional Lawful Permanent Resident, nowhere does it say they must, or must do so within a certain time period. The instructions might say something, but that's not law and has no binding in a court value (although one could raise a defense of following the instructions to the best of their ability.)

Point being is this: It is a poorly written law with a major ambiguity, i.e. when one must one file after a marriage.

However, it is probably wise to file before the I-94 expires in any event. Then one is covered by the language of being present in U.S. with the authorization of DHS.

[Cathi 5,748]

I have read the law, the actual U.S. Code to try and figure this stuff out. In the tradition of common law, what's illegal is written down while what's legal is not. There is no guidance on what happens to a K-1 visa holder after a legal marriage. It simply says they are eligible to Adjust Status to Conditional Lawful Permanent Resident, nowhere does it say they must, or must do so within a certain time period. The instructions might say something, but that's not law and has no binding in a court value (although one could raise a defense of following the instructions to the best of their ability.)

Point being is this: It is a poorly written law with a major ambiguity, i.e. when one must one file after a marriage.

However, it is probably wise to file before the I-94 expires in any event. Then one is covered by the language of being present in U.S. with the authorization of DHS.

this is an old thread