Question about immagration laws of past and present

[mallafri76 1,012]

1. SSN available to K-1 visa holders 10 years ago, during the 90 day I-94 validity.

2. she not meet the lack of documentation requirements for an illegal alien at the DMV, which are probably:

__a. no record of inspection at the border (She already had that, entering legally)

__b. No SSN (she got one as a K-1 visa holder)

so this new wave of stuff available to illegal aliens doesn't apply to her, sorry.

3. It's ok, these things are hard to wrap one's head around, when state law trumps federal law. DMV stuff is state law, not Federal, but they do use the Federal system to check on a human's status.

4. IRS is very lax on sharing data with ICE, sorry. The lass got a SSN legally. The driver's license is tough to get, even as a legal alien resident with status. She's been working illegally without status, but gaming the system and knowing full well that the IRS rarely gives over data to ICE.

5. There's a small speck of caselaw about this exact situation, covering the small exact grouping where:

__a. married within 90 days and

__b. filed for AOS but

__c. AOS was not granted then

__d. Beneficiary divorced the Petitioner then

__e. Beneficiary married another USCitizen then

__f. A greencard was granted when a joint AOS set was filed (I-130+I-485)

but it's rare to read about it here at VJ. Sorry.

back at the OP - K-1 AOS stuff hasn't changed over the 10 years, but RoC has changed during that span. Does the friend have a snowball's chance in July to get it done? MAYBE. Depends on too many things, suggest instead that your friend engage with an Immigration Attorney that specializes in overstays. It's a rare case your friend has, but it is not unknown.

and to anyone else reading this - please do not misunderstand that I think it's ok, or 'right' - I tire of reading about folk from the PI mis-using their visas here (and that's ok - it's the overstays that have screwed the tourist visa business for PI folk, so it balances out)

Thanks for the explanation Darnell. Appreciate it.

[Boiler 45,525]

1. SSN available to K-1 visa holders 10 years ago, during the 90 day I-94 validity.

2. she not meet the lack of documentation requirements for an illegal alien at the DMV, which are probably:

__a. no record of inspection at the border (She already had that, entering legally)

__b. No SSN (she got one as a K-1 visa holder)

so this new wave of stuff available to illegal aliens doesn't apply to her, sorry.

3. It's ok, these things are hard to wrap one's head around, when state law trumps federal law. DMV stuff is state law, not Federal, but they do use the Federal system to check on a human's status.

4. IRS is very lax on sharing data with ICE, sorry. The lass got a SSN legally. The driver's license is tough to get, even as a legal alien resident with status. She's been working illegally without status, but gaming the system and knowing full well that the IRS rarely gives over data to ICE.

5. There's a small speck of caselaw about this exact situation, covering the small exact grouping where:

__a. married within 90 days and

__b. filed for AOS but

__c. AOS was not granted then

__d. Beneficiary divorced the Petitioner then

__e. Beneficiary married another USCitizen then

__f. A greencard was granted when a joint AOS set was filed (I-130+I-485)

but it's rare to read about it here at VJ. Sorry.

back at the OP - K-1 AOS stuff hasn't changed over the 10 years, but RoC has changed during that span. Does the friend have a snowball's chance in July to get it done? MAYBE. Depends on too many things, suggest instead that your friend engage with an Immigration Attorney that specializes in overstays. It's a rare case your friend has, but it is not unknown.

and to anyone else reading this - please do not misunderstand that I think it's ok, or 'right' - I tire of reading about folk from the PI mis-using their visas here (and that's ok - it's the overstays that have screwed the tourist visa business for PI folk, so it balances out)

We do not know how she got her SSN or if it is a legit one.

In CO you need to show State Residency to get a DL for illegals.

We can have snow in July, before my time but has snowed on the 4th.

[Darnell 8,478]

it's an expression, boiler - i not want to write 'snowball's chance in hell' and yes, in the southern hemisphere, it does snow in July. plan accordingly !

[Boiler 45,525]

it's an expression, boiler - i not want to write 'snowball's chance in hell' and yes, in the southern hemisphere, it does snow in July. plan accordingly !

Colorado is not in the Southern Hemisphere and I did wonder why you changed it.

[Darnell 8,478]

Colorado is not in the Southern Hemisphere and I did wonder why you changed it.

exception area?

[Boiler 45,525]

Colorado is quite a big exception area... Must be other parts of the US where it can snow in July?

[Darnell 8,478]

thread drifting, not wanna talk about snow-drifting.

can we focus more on why the OP has a male room-mate and a wife inside the house, with a newborn ? nah, that wouldn't be nice, right ?

[Boiler 45,525]

Tell Roommate if he wants to get seriously involved find somebody else without what seem major complications.

Have we drifted back OK?

[newacct 688]

2. she not meet the lack of documentation requirements for an illegal alien at the DMV, which are probably:

__a. no record of inspection at the border (She already had that, entering legally)

__b. No SSN (she got one as a K-1 visa holder)

so this new wave of stuff available to illegal aliens doesn't apply to her, sorry.

AFAIK none of these driver's licenses are specifically for "illegals". They just don't require a legal presence document. So someone who is legal should be able to get them too (e.g. someone who has I-485 pending doesn't satisfy the legal presence document requriement, should be able to get one of these driver's licenses). Plus "illegals" includes people who entered legally but are now illegal, which includes the OP.

[Darnell 8,478]

it's state specific, but some of the states ARE utilizing the SAVE db to determine other stuff. I'm suggesting the PI lass referenced back in post #1 DOES live in a state that utilises the SAVE db system.

[aaron2020 11,651]

Hi,

Please tell your roommate that she can never adjust status through him. She can only adjust through her K-1 petitioner, and that ship passed a long time ago.

The only way he can make her legal is through marriage, a hardship waiver, and interviewing for an immigration visa in her home country. She could end up being banned for 10 years.

Things to think about.

[Theboz 10]

Hi,

Please tell your roommate that she can never adjust status through him. She can only adjust through her K-1 petitioner, and that ship passed a long time ago.

The only way he can make her legal is through marriage, a hardship waiver, and interviewing for an immigration visa in her home country. She could end up being banned for 10 years.

Things to think about.

To tell the truth I cant stand the lady,

I moved into the house 6 years ago and the owner of the house rented rooms to people and I happen to rent one. He likes Filipinos and would fly over for a few weeks a year. He met one lady and was doing a K1 with her. That was going good until the lady at the Doctors app. said she tried drugs before and was declined. She found someone that would give her a new Identity(stupid as stupid can get). She had everything changed to the new name and even went to school to be a nurse with the new name. Then my roommate married her in the Philippines, and they tried to get a spousal visa. They were doing good until the interview and they asked her if she has been to the embassy before, she said no and they asked again, lol. Lol, it does not take a genius to know that once they get your fingerprints, there is no fooling them.

Well, he finally realized that he wont be able to sponsor anybody else for a visa and he found his current girlfriend on the internet via website for dating.

It was a huge coincidence, that I happen to met my future wife on the internet and we also did a K1. After my wife arrived in the US last year, she to could not stand the Girlfriend,

Luckily, my wife is in Washington now and I will soon be relocating from Chicago to Washington in 4 days. I really want to turn in the lady to immigration as she really pissed off my wife and me. The roommate is still a good friend though and he knows he cant marry her and he basically just wants a companion when he goes to the bars on the weekend. So, I probably wont say anything and will be glad to be back with my wife and our baby boy.

Edited August 25, 2015 by Theboz