Sessions rescinds DACA

[Steeleballz 7,550]

5 minutes ago, IDWAF said:

This is a DACA thread.  Not sure how we got here.  But while agree that AOS followed by ROC 2 years later is the normal process,  AOS can be skipped,  the money saved, and ROC filed 2 years after marriage.  It's not the norm, but it has been done.

  We got here because you continue to insist that someone on a k-1 can file for removal of conditions without ever having adjusted status. That is incorrect. This is an immigration forum. It would be amiss not to point out incorrect advice in the event that someone actually reads it and considers doing it.

[Voice of Reason 10,298]

1 hour ago, Steeleballz said:

  We got here because you continue to insist that someone on a k-1 can file for removal of conditions without ever having adjusted status. That is incorrect. This is an immigration forum. It would be amiss not to point out incorrect advice in the event that someone actually reads it and considers doing it.

 Just because you don't have the same experience as someone else does not make them wrong.  You are familiar with one way of doing the process, and that is fine.  I am aware of an additional way.  No big deal.

 

The question arose because someone tried to equate a DACA with someone who entered legally then was out of status.  Apples and oranges. One got here illegally and needs to go.  The other arrived legally and a judge gets to decide whether or not they go.

[Voice of Reason 10,298]

1 hour ago, Steeleballz said:

  We got here because you continue to insist that someone on a k-1 can file for removal of conditions without ever having adjusted status. That is incorrect. This is an immigration forum. It would be amiss not to point out incorrect advice in the event that someone actually reads it and considers doing it.

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

Read paragraphs one and two very carefully.  Notice where it says: "You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa OR adjustment of your status to permanent residence."  Not AND.

 

Anyone who arrives on a valid visa is a conditional resident.  Those conditions are requested to be removed by filing for ROC.  

 

As I said, I know couples who couldn't afford the AOS fees, so they never filed.  They simply waited the 2+ years and filed for ROC.  Not the normal process, but it can be done.

 

Shirley we can all agree that folks who come on a K1, with no intent to commit marriage fraud are legal, and those who cross with no intention of ever obtaining LPR status are illegal?  Illegal DACAs are what this thread is all about.

[Boiler 44,852]

You have the terminology back to front, but you can wait 2 years and adjust and then have no need to ROC.

[Steeleballz 7,550]

3 minutes ago, IDWAF said:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

Read paragraphs one and two very carefully.  Notice where it says: "You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa OR adjustment of your status to permanent residence."  Not AND.

 

Anyone who arrives on a valid visa is a conditional resident.  Those conditions are requested to be removed by filing for ROC.  

 

 

 

  You are not helping yourself.  A k-1 arrives as a non immigrant and needs to adjust status. That is why it says OR. It's certainly possible to come to the US as a conditional resident with green card in hand, but that is not the k-1 process. 

[Dashinka 24,108]

11 hours ago, Transborderwife said:

You're missing my point entirely.  I'm saying that what if what's being proposed in say the RAISE act was extended to spouses.

 

also overstaying a k1 is no different than overstaying any other non immigrant visa

So wouldn't that simply be putting a deadline for filing the AOS?  As you know, a lot of people believe that the AOS from a K1 has to be filed in the 90 day window which probably isn't a bad thing.  But the fact that currently there is no current deadline for filing the AOS, maybe putting a deadline on it wouldn't really impact many.

[Transborderwife 4,666]

1 hour ago, Bill & Katya said:

So wouldn't that simply be putting a deadline for filing the AOS?  As you know, a lot of people believe that the AOS from a K1 has to be filed in the 90 day window which probably isn't a bad thing.  But the fact that currently there is no current deadline for filing the AOS, maybe putting a deadline on it wouldn't really impact many.

I think that a deadline would be an excellent idea 

[Ebunoluwa 6,136]

11 hours ago, IDWAF said:

Did you ever file for a K1?  Sounds like you either did not, or did not fully understand the process.

 

AOS gets you a conditional LPR status for one year.  The card expires after 12 months.  Then one gets an extension letter if they remain in good status for a second year.

 

After that, ROC removes the conditional status.

Wrong.

[Ebunoluwa 6,136]

10 hours ago, IDWAF said:

This is a DACA thread.  Not sure how we got here.  But while agree that AOS followed by ROC 2 years later is the normal process,  AOS can be skipped,  NO the money saved, and ROC filed 2 years after marriage.2 yrs after the GC not marriage.  It's not the norm, but it has been done.If attempted then the result would have been a returned ROC package. Without AOS there is no condition to remove.

 

[Ebunoluwa 6,136]

9 hours ago, IDWAF said:

 Just because you don't have the same experience as someone else does not make them wrong.  You are familiar with one way of doing the process, and that is fine.  I am aware of an additional way.  No big deal. Giving incorrect immigration information on an immigration board is a big deal. Personal experience has absolutely nothing to do with USCIS policies. There is no "additional way". You are wrong. Period.

 

The question arose because someone tried to equate a DACA with someone who entered legally then was out of status.  Apples and oranges. One got here illegally and needs to go.  The other arrived legally and a judge gets to decide whether or not they go.

 

[Ebunoluwa 6,136]

9 hours ago, Boiler said:

You have the terminology back to front, but you can wait 2 years and adjust and then have no need to ROC.

All that is missing is for you to add that AOS must be filed (for a non immigrant visa holder like a K1) and that it can not be skipped, otherwise the poster does
not seem to get it.

 

[Ebunoluwa 6,136]

9 hours ago, IDWAF said:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

Read paragraphs one and two very carefully.  Notice where it says: "You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa OR adjustment of your status to permanent residence."  Not AND. Not for non immigrant visa types such as the K1. Dig deeper.

 

Anyone who arrives on a valid visa is a conditional resident. No. K1's are not conditional residents, they are K1 visa holders and must adjust status (AOS) in order to receive conditional status in the form of a 2 year conditional green card.  Those conditions are requested to be removed by filing for ROC.  

 

As I said, I know couples who couldn't afford the AOS fees, so they never filed.  They simply waited the 2+ years and filed for ROC.  Not the normal process, but it can be done.

No. Not happening, not then and not now. Package with ROC will be returned without AOS. Anyone who filed a CR1 comes in and does not need to
AOS here and does ROC after 2 years, their AOS is included in the CR1 process. K1's must AOS after marriage here.
Spouses who are petitioned and who have been married longer than 2 years will receive a 10 year GC and don't have to ROC.
K1's who have married within the 90 days and file AOS after having been married for 2 years will receive a 10 year GC and therefore do not
have to ROC. (They remain out of status if they dilly dally and not file in a timely manner).
If the K1 couple has married and filed AOS in a timely manner and AOS is being dragged on and on by USCIS and meanwhile the 2 year
wedding anniversary comes up then they will also receive the 10 year GC and don't have to ROC.
 

 

Shirley we can all agree that folks who come on a K1, with no intent to commit marriage fraud are legal, and those who cross with no intention of ever obtaining LPR status are illegal?  Illegal DACAs are what this thread is all about. K1's who come are legal but if they don't marry/adjust based on marriage then they
are out of status and no longer legally here.

 

[Dashinka 24,108]

4 minutes ago, Ebunoluwa said:

K1's who come are legal but if they don't marry/adjust based on marriage then they
are out of status and no longer legally here.

Not entirely correct.  People that come on a K1 and do not marry the original petitioner are treated much differently than those that do marry but fail to AOS immediately.  Aside from your debate with others in this thread, I agree, the AOS phase is definitely required, but there are those that can strategize to wait the two years or so to skip the ROC step.  They could be trying to avoid any run-ins with USCIS so they don't meet a judge that demands they AOS by whatever date, and then file and get the 10 yr card, but the fact that these folks do have an out if they do meet an immigration judge they are still in a way legally here.  The K1 folks that do not marry in the 90 day period but stay beyond the 90 days or marry someone other than the original petitioner are much more like any other NIV overstay.

[Voice of Reason 10,298]

3 minutes ago, Bill & Katya said:

Not entirely correct.  People that come on a K1 and do not marry the original petitioner are treated much differently than those that do marry but fail to AOS immediately.  Aside from your debate with others in this thread, I agree, the AOS phase is definitely required, but there are those that can strategize to wait the two years or so to skip the ROC step.  They could be trying to avoid any run-ins with USCIS so they don't meet a judge that demands they AOS by whatever date, and then file and get the 10 yr card, but the fact that these folks do have an out if they do meet an immigration judge they are still in a way legally here.  The K1 folks that do not marry in the 90 day period but stay beyond the 90 days or marry someone other than the original petitioner are much more like any other NIV overstay.

Is that how it works?  You don't file AOS for 2 years, then when you do file AOS, you get the 10-yr GC?  So ROC is the part being skipped (and saving money)?  Sounds like I was confused about what it filed for after not filing for AOS right away.  So my wording was wrong, but the fact is, they skipped (perhaps delayed is a better word?) AOS, they are out of status and deportable, but pretty much no one would get deported, because all they have to do at that point is file to remain legal.

 

To those with whom I was arguing, I apologize for mixing up the terms.  That confusion aside, I was trying to say that there was a way for a K1 to arrive, skip a step in the process (i.e. Save a few hundred $$), and still not be an illegal immigrant.  But someone who overstays a work visa, and someone who enters with no visa, are illegal and subject to deportation.

[Ebunoluwa 6,136]

37 minutes ago, Bill & Katya said:

Not entirely correct.  People that come on a K1 and do not marry the original petitioner are treated much differently than those that do marry but fail to AOS immediately. Of course I agree and never said it is the same.  Aside from your debate with others in this thread, I agree, the AOS phase is definitely required, but there are those that can strategize to wait the two years or so to skip the ROC step.  They could be trying to avoid any run-ins with USCIS so they don't meet a judge that demands they AOS by whatever date, and then file and get the 10 yr card, but the fact that these folks do have an out if they do meet an immigration judge they are still in a way legally here. The K1 folks that do not marry in the 90 day period but stay beyond the 90 days or marry someone other than the original petitioner are much more like any other NIV overstay. Again, yes that is correct.
I didn't elaborate in detail on the difference in delaying AOS and not marrying the original petitioner and kept it simple on purpose for obvious reasons.
My beef was with the poster's insistence that AOS can be skipped.