Adjustment of Status for a 10-Year Green Card?

[Baby Cookie 6]

Just because you've never heard of it doesn't mean that it doesn't happen. It's careless and foolish not to mention technically a civil offence

I understand what you mean, but my whole point of bringing this up is because I just learned about this and it doesn't make sense to me. Trust me, I took care of my paperwork. I applied for citizenship as soon as I was eligible.

[Boiler 45,519]

Out of status, here illegally, deportable. If caught.

[Transborderwife 4,666]

Out of status, here illegally, deportable. If caught.

Exactly. Technically many that we deem illegals are simply "out of status"

[Merrytooth 5,748]

I see your point, but that's the one thing I'm not concerned about because my husband and I love each other and my whole purpose of coming to the US was to be his wife and not to go to work as soon as I got here. I've never heard of anybody getting deported after getting married on a K-1 visa. Instead, if they stay out of status for 2 years and adjust status after that, they get the 10-year green card.

Oh you are very lucky that both of you are so in love and make it together to file for AOS and get 10 year green card.

On the other hand, there are plenty of couples who did not make it to AOS phase and divorce.

Examples:

http://www.visajourney.com/forums/topic/402674-k1-visa-got-married-but-marriage-failed-before-aos/

http://www.visajourney.com/forums/topic/205492-divorce-before-aos/

I don't agree with your point of waiting 2 years to AOS just to get 10 year green card.

As an immigrant myself, I strongly advocate for AOS asap after marriage to get 2 year green card.

[KayDeeCee 4,893]

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

I see your point, but that's the one thing I'm not concerned about because my husband and I love each other and my whole purpose of coming to the US was to be his wife and not to go to work as soon as I got here. I've never heard of anybody getting deported after getting married on a K-1 visa. Instead, if they stay out of status for 2 years and adjust status after that, they get the 10-year green card.

Wrong. It is illegal.

Out of status = overstay = unlawful presence = illegal

Being in the US illegally does not only mean you entered without inspection. This is why ICE can detain a K-1 entrant that has an expired I-94. It is a rare occurrence, but it has happened. You may not get deported in the end when going to see the immigration judge, but you are certainly able to be detained, and who wants to be arrested by ICE even if you are not deported? Here is one instance. I am sure you can search the internet and find more > http://www.visajourney.com/forums/topic/485010-please-help-my-husband-was-detained-today/

The K-1 is a special case type of non-immigrant visa, since it actually has immigrant intent. However, it is still a non-immigrant visa and the same rules apply to it as entry with any other non-immigrant visa. When the I-94 expires, you begin accruing days of unlawful presence. When you apply for AOS and are awaiting a decision, you are in a new period of authorized stay.

So, while waiting for your AOS to be adjudicated, you are authorized to be here, and when married to a USC, your unlawful presence won't matter for getting a green card approved. That is why you can get a green card, even after being here illegally before filing. I would never suggest to anyone to wait to file for AOS and be here illegally, with the potential of getting detained by ICE, simply so they can save maybe a couple hundred bucks after paying for the new medical. I still do not understand how you think that would all be worth it.

[Russ&Caro 1,549]

Border's first reply has 10 upratings. OP, there's your answer.

I will add one thing the OP has not seemed to mention as a concern. For example, if her parents were in an accident or have a big illness, she could not travel back to her home country without starting all over with a CR1/IR1 application. Period. End of story.

[dmck 80]

have you met everyone that has ever been deported and asked them why?