time limit to file for adjustment of status after K1?

[Ontarkie 14,222]

~~Moved to AOS Family, from K1 P&P - The OP is about to start the AOS process.~~

[Richard Moss 17]

1 minute ago, Boiler said:

So what did RapidVisa say?

They said that Las Vegas has seen some weird activity in the last six for seven months... but in the 7,000 cases this is the first one that they have herd of with a home visit.  Rick said they started with tourist visa follow up calls and he is surprised that they went on to a K1.. I would expect the fact that my wife comes from a country that is not on the best of terms with the USA probably has something to do with it.  After running around like crazy yesterday trying to find answers I have a little more confidence that everything will be fine ... i will have my AOS paperwork in today! 

[Boiler 45,501]

2 minutes ago, Richard Moss said:

They said that Las Vegas has seen some weird activity in the last six for seven months... but in the 7,000 cases this is the first one that they have herd of with a home visit.  Rick said they started with tourist visa follow up calls and he is surprised that they went on to a K1.. I would expect the fact that my wife comes from a country that is not on the best of terms with the USA probably has something to do with it.  After running around like crazy yesterday trying to find answers I have a little more confidence that everything will be fine ... i will have my AOS paperwork in today! 

What about giving you misinformation about not needing to file within the 90 days to maintain status?

 

Home visits are unusual but I have seen a few and certainly in your situation I would not be taking any chances, and I do not charge a lot of money for providing a service.

 

 

[Crazy Cat 41,851]

7 minutes ago, Richard Moss said:

They said that Las Vegas has seen some weird activity in the last six for seven months... but in the 7,000 cases this is the first one that they have herd of with a home visit.  Rick said they started with tourist visa follow up calls and he is surprised that they went on to a K1.. I would expect the fact that my wife comes from a country that is not on the best of terms with the USA probably has something to do with it.  After running around like crazy yesterday trying to find answers I have a little more confidence that everything will be fine ... i will have my AOS paperwork in today! 

I hope you educated him regarding the "no time limit" misinformation.

[Richard Moss 17]

1 minute ago, missileman said:

I hope you educated him regarding the "no time limit" misinformation.

I did actually... I told him to let his customers know that Rapidvisa may be misleading them..... he said he will send out emails.

[GreatDane 366]

8 minutes ago, Richard Moss said:

I did actually... I told him to let his customers know that Rapidvisa may be misleading them..... he said he will send out emails.

Is your wife working? Trying to think of what would bring her into ICE's attention. She also can't leave the country until the AOS process is finished, just to clarify.

[Boiler 45,501]

35 minutes ago, GreatDane said:

Is your wife working? Trying to think of what would bring her into ICE's attention. She also can't leave the country until the AOS process is finished, just to clarify.

They have not filed yet so she has no EAD.

 

She can leave whenever she wants, she needs at least AP to get back in.

[GreatDane 366]

14 minutes ago, Boiler said:

They have not filed yet so she has no EAD.

 

She can leave whenever she wants, she needs at least AP to get back in.

Correct. I was thinking that maybe she was working without EAD and possibly that triggered ICE? Just an idea. OP never states what his wife is doing. 

 

Given that he has gotten misinformation from RapidVisa, I just wanted to include that she can't leave the country (with the expectation she can return) until she gets AP or completes AOS (if they don't file for AP/EAD). 

[geowrian 22,337]

The cynic in me is thinking they'll send emails to past customers / a mailing list with something along the lines of:

"ICE is cracking down on K-1 visa holders! To avoid getting deported, you need to use our service right now. Don't take a chance doing it yourself."

[Crazy Cat 41,851]

5 minutes ago, geowrian said:

The cynic in me is thinking they'll send emails to past customers / a mailing list with something along the lines of:

"ICE is cracking down on K-1 visa holders! To avoid getting deported, you need to use our service right now. Don't take a chance doing it yourself."

That is EXACTLY what my ex-immigration attorney does every time there any kind of immigration news out of DC...His FB page is full of scare tactics.

Edited March 22, 2018 by missileman

[Sunnyland 639]

1 hour ago, missileman said:

That is EXACTLY what my ex-immigration attorney does every time there any kind of immigration news out of DC...His FB page is full of scare tactics.

 It's good that you clarify it's your EX-immigration attorney! No the first time an immigration attorney brings more troubles than solutions.

[Elvis&Sky 26]

23 hours ago, missileman said:

There have been people who waited years to file AOS.......there was even a guy here on VJ who recently said "The K-1 is a SPECIAL visa which gives the fiance protection to stay in the US as long as they want without fear of being removed as long as they have intent to adjust status."...........He was sadly mistaken...............any K-1 spouse is out of status after the expiration date on his/her I-94 until filing AOS.  They then have an "authorized stay" status........

Actually this case is the perfect example that after you get married within the 90 days but don’t adjust you fall under an immigration limbo, you’re out status but that doesn’t mean you’re illegally staying in the country, otherwise the OP would’ve been on their way back to their home country by now, specially under the current administration.

 

By the way, I know you’re referring to one of my comments in another post, you even quoted things that never came out of my keyboard, it’s sad that some people in the forum are here just because they find comfort reading other people’s misfortunes and are quick to disqualify, no one here is holder of the “honest truth” because we don’t know how immigration in this country works we can only comment from our personal experiences. Thank you. 

[Crazy Cat 41,851]

22 minutes ago, Elvis&Sky said:

Actually this case is the perfect example that after you get married within the 90 days but don’t adjust you fall under an immigration limbo, you’re out status but that doesn’t mean you’re illegally staying in the country,

That is not true at all........by the way, I wasn't quoting your previous post. I don't recall ever seeing your username before.

 

If you haven't filed to adjust status when your I-94 expires, you ARE illegally staying in the country.

Edited March 22, 2018 by missileman

[Crazy Cat 41,851]

37 minutes ago, Elvis&Sky said:

Actually this case is the perfect example that after you get married within the 90 days but don’t adjust you fall under an immigration limbo, you’re out status but that doesn’t mean you’re illegally staying in the country,

Wrong....

 

From Zhang & Associates, PC- US Immigration Attorneys

 

 

That seems to be pretty clear evidence from an immigration attorney......

Edited March 22, 2018 by missileman

[Hypnos 6,576]

41 minutes ago, Elvis&Sky said:

after you get married within the 90 days but don’t adjust you fall under an immigration limbo, you’re out status but that doesn’t mean you’re illegally staying in the country

This is 100% wrong; that is exactly what it means.

 

The K-1 myth strikes again.

 

A K-1 who remains in the US beyond their I-94 expiration date is unlawfully present, begin to accrue overstay, and are subject to deportation the same as any other removable alien -- regardless of whether they got married or not. They are not "protected" unless and until they file an I-485 which is accepted for processing by USCIS. Then, and only then, are they considered legally present pending adjudication of the I-485.

Edited March 22, 2018 by Hypnos