Scared he will be deported. Help !!

[MiltonAnaya 7]

Hi guys , I feel like I've fallen off the wagon with this visa and all the steps I had to follow once he was here

We got married in the 90 day period. But because neither of us worked , saving up was harder then expected. We wanted to petition for everything together so he could work and travel as soon as possible which is $1070.

First he ended up in the hospital and having surgery. Then he was recovering and got sick and had to go back for another week. Our savings vanished pretty quickly.

Now we moved into our own place (finally) and of course that are our savings once again.

So I'm concerned cus I know his I-94 expired in November and I was reading stuff online that says he'll get deported or denied residency for taking so long to submit his AOS

Can someone tell me if this is true ?! I would hate for it all to end like that after all our hard work

[Name Display 15]

No is not true.

It took me 8 months after marriage to be able to apply for AOS, also because of issues that happened out of nowhere.

They prefer that people apply as soon as possible, so they won't be immigrants ' out of status', but people are not deported, unless they break the law, I believe.

What sucks after the I-94 is expired is that you can't apply for a SSN, and if you did not before then, you have to wait until you have the EAD to apply for one.

Edited January 21, 2015 by Cakes&Pies

[kzielu 1,149]

He will not be denied AOS - no reason to. But if he is somehow caught by ICE, may be detained.

[MiltonAnaya 7]

No is not true.

It took me 8 months after marriage to be able to apply for AOS, also because of issues that happened out of nowhere.

They prefer that people apply as soon as possible, so they won't be immigrants ' out of status', but people are not deported, unless they break the law, I believe.

What sucks after the I-94 is expired is that you can't apply for a SSN, and if you did not before then, you have to wait until you have the EAD to apply for one.

Oh ok, did you have any problems applying for AOS ?? We are at 7 months post marriage at the moment. We might try getting a loan to get it over with

He will not be denied AOS - no reason to. But if he is somehow caught by ICE, may be detained.

What's ICE and what do you mean by detained? ?

[kzielu 1,149]

Oh ok, did you have any problems applying for AOS ?? We are at 7 months post marriage at the moment. We might try getting a loan to get it over with

What's ICE and what do you mean by detained? ?

Immigration and Customs Enforcement. Detained = Arrested. Doesn't mean he's going to be immediately deported, in cases like this people are given a chance to file AOS, but there was at least one case here where somebody did get picked up by ICE.

[Name Display 15]

Oh ok, did you have any problems applying for AOS ?? We are at 7 months post marriage at the moment. We might try getting a loan to get it over with

What's ICE and what do you mean by detained? ?

No. I sent the package, and had my biometrics appointment one month later. So far, everything is normal.

Edited January 21, 2015 by Cakes&Pies

[Soul Mates 44]

If you lived near the border, especially southern border like Texas, then he would be at risk for being detained by ICE at a checkpoint. There is a much smaller risk in the rest of the country but not 0. As long as he isn't doing anything that he could get arrested for then he should be ok. I've seen people on here wait a couple of years to AOS, but not recommended. Also, if you wait too long then you have to pay for a whole new medical, which I think is filing AOS after a year from when his medical was originally done.

[Zedayn 485]

Hi guys , I feel like I've fallen off the wagon with this visa and all the steps I had to follow once he was here

We got married in the 90 day period. But because neither of us worked , saving up was harder then expected. We wanted to petition for everything together so he could work and travel as soon as possible which is $1070.

First he ended up in the hospital and having surgery. Then he was recovering and got sick and had to go back for another week. Our savings vanished pretty quickly.

Now we moved into our own place (finally) and of course that are our savings once again.

So I'm concerned cus I know his I-94 expired in November and I was reading stuff online that says he'll get deported or denied residency for taking so long to submit his AOS

Can someone tell me if this is true ?! I would hate for it all to end like that after all our hard work

He is not going to be deported nor is he going to be denied permanent residency. You fulfilled the only requirement of the K-1 visa, which was to marry within 90 days. Because of that, he is eligible to apply to adjust status...even if it will be years down the line.

[MiltonAnaya 7]

Immigration and Customs Enforcement. Detained = Arrested. Doesn't mean he's going to be immediately deported, in cases like this people are given a chance to file AOS, but there was at least one case here where somebody did get picked up by ICE.

Oh ok . Thanks

No. I sent the package, and had my biometrics appointment one month later. So far, everything is normal.

Yay ! I'm glad for you . Gives me hope haha .

[Name Display 15]

Oh ok . Thanks

Yay ! I'm glad for you . Gives me hope haha .

Good luck to you.

[MiltonAnaya 7]

If you lived near the border, especially southern border like Texas, then he would be at risk for being detained by ICE at a checkpoint. There is a much smaller risk in the rest of the country but not 0. As long as he isn't doing anything that he could get arrested for then he should be ok. I've seen people on here wait a couple of years to AOS, but not recommended. Also, if you wait too long then you have to pay for a whole new medical, which I think is filing AOS after a year from when his medical was originally done.

We are on the east coast so let's hope those chances lower by a lot .

Oh no I dont plan on waiting years . The sooner the better so he can have his work permit and find a good job.

Thanks for the reply

[MiltonAnaya 7]

He is not going to be deported nor is he going to be denied permanent residency. You fulfilled the only requirement of the K-1 visa, which was to marry within 90 days. Because of that, he is eligible to apply to adjust status...even if it will be years down the line.

Thanks to all for the clarification

[Cathi 5,755]

He is not going to be deported nor is he going to be denied permanent residency. You fulfilled the only requirement of the K-1 visa, which was to marry within 90 days. Because of that, he is eligible to apply to adjust status...even if it will be years down the line.

This is wrong. Just because they got married within the 90 days does not give him legal status in any way, shape or form. If that were the case n one would send in their AOS. In order to get legal status you must file for AOS. There is always a chance of being picked up and detained by ICE, the chance is small but it still exists. Period. Unless you have the facts to back up this statement and can give them 100% guarantee it won't happen. No one and I mean NO ONE can say that with certainty ICE won't catch him. There has been more than one person in the past in this forum who has been arrested and detained.

To the OP: File for AOS as soon as you can, there have been a few here who have had extenuating circumstances like you and your husband and have filed late, stuff happens. Just make sure to do it ASAP and keep hubby way from any border crossings and out of trouble. Best of luck and keep us updated!!!

Edited January 21, 2015 by mimolicious

[raven52 233]

You just need to file AOS asap, with a letter of explanation, always helps, and tell them exactly what happened.

You are not far behind many members who were late filing AOS, but find a way to do it soon, as it is becoming more important!

Good luck with your finical situation.