Pros and cons of filing AOS a little late?

[Ben&Zian 4,398]

2 minutes ago, Jojo92122 said:

Because you have people who think they are special.  They think they are special and immune.  Then you get VJ members who say not to worry about it without considering what is happening to immigration rules under Trump.  

 

Which is funny too because Obama deported just as many people overall; difference was the media didn't care... but it's Trump so now it's 24/7 news... hmm.... amazing how that works isnt it? People always try to act like these are new laws yet, it's the same laws just enforced; but a lot of people buy the media lies and fear mongering tactics.

Edited August 16, 2018 by Ben&Zian

[ch3john 308]

4 minutes ago, Jojo92122 said:

Where did I say that I was outraged that Trump admin is taking away citizenship from people?  Nowhere, once again.

 

The POINT is that Trump is more aggressive about going after people than past administrations.  VJ is good for researching past precedents.  VJ members are not professionals who keep up on the current happenings in dealing with USCIS and ICE.  People can not rely on what happened under Obama.  The rules have changed.  That's my point, not being outraged at people getting their citizenship taken away.

Search VJ for those two members who got visits.  Misselman knows about it.  Ask him or use the search function on VJ yourself.  

My apologies, I interpreted your post incorrectly. I read it as you didn't like the fact that denaturalization was happening. 

[mushroomspore 3,044]

3 minutes ago, Michelle M said:

The only stipulation the K1 visa has which would make you out of status is if you aren't married within the 90 days.  The I-94 expires on the 90th day, that's it.  Filing for AOS is so you can have the benefits of work and travel, but you are not illegal just because you didn't file within the 90 days.

AoS grants you authorized stay to protect you after an old status expires and that's a big reason for its existence. Without it, you are here illegally.

 

[Michelle M 133]

2 minutes ago, missileman said:

Not correct.  If a K-1 spouse fails to file for Adjustment of Status withing 90 days of entry (I-94 expiration), he/she is in unlawful presence and subject to deportation....

 

4 minutes ago, missileman said:

 

Please point me to where on the DHS website that states this because I seem to have missed it.  Thanks

[Ben&Zian 4,398]

2 minutes ago, Jojo92122 said:

What's the legal status of someone who stays past the date on her I-94 without another legal staus?  Legal or not legal?  There is no middle ground.  

 

Not illegal = legal?????????  What do you mean by "not illegal?"  

 double negative. They cancel each other out apparently.

Edited August 16, 2018 by Ben&Zian

[Jojo92122 1,924]

Just now, Ben&Zian said:

 

Which is funny too because Obama deported just as many people overall; difference was the media didn't care... but it's Trump so now it's 24/7 news... hmm.... amazing how that works isnt it? People always try to act like these are new laws yet, it's the same laws just enforced.

Obama had different priorities for deportation.  He wasn't going after everyone.  Trump is going after legal immigrants who make mistakes in their applications; ergo the new rules coming September 11.  

[Jojo92122 1,924]

1 minute ago, Michelle M said:

 

Please point me to where on the DHS website that states this because I seem to have missed it.  Thanks

Please point us to where on the DHS website that states that a person who stays past his I-94 is "not illegal" because we all seem to have missed it.  Thanks.  

[Crazy Cat 42,298]

7 minutes ago, Michelle M said:

 

Please point me to where on the DHS website that states this because I seem to have missed it.  Thanks

This is from Zhang and Associates Law Firm:

"

Limitations or restrictions of a K-1/K-2 Visa

For the K-1 Visa Holder:

• The K-1 visa holder has six months after the date the K-1 visa is issued to enter the United States.
• The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
• If for some reason, relationship with the U.S. citizen petitioner does not work out, the K-1 visa holder will not be allowed to adjust their status to a permanent resident status or change to any other non-immigrant status.
• Marriage to the U.S. citizen petitioner must occur within 90 days of entering the United States of America in order to apply for an adjustment of status without the need for additional immigration filings. If the marriage and filing for adjustment of status do not occur within 90 days, the K-1 visa holder will be in unlawful status. If the couple still intends to marry after the 90 day requirement, the US citizen spouse must file form I-130 concurrently with the intending immigrant’s adjustment of status application.
• If you have applied for two or more K-1 visas (does not matter when) or received K-1 visa approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. This can be done when you submit your I-129F form by providing a written statement detailing your reasons for requesting a waiver.

Edited August 16, 2018 by missileman

[Michelle M 133]

5 minutes ago, Ben&Zian said:

 double negative. They cancel each other out apparently.

 

2 minutes ago, Jojo92122 said:

Please point us to where on the DHS website that states that a person who stays past his I-94 is "not illegal" because we all seem to have missed it.  Thanks.  

These are the reason I limit my participation on this website.  Obviously it was a typo. Thanks Professor.

[AshMarty 360]

Why do we have to hijack so many forum questions .  This person's post has clearly become derailed to personal debates. 

 

Over and Over again.

 

Isn't there a different forum section on here to debate this.... 

Edited August 16, 2018 by AshMarty

[Jojo92122 1,924]

18 minutes ago, Michelle M said:

The only stipulation the K1 visa has which would make you out of status is if you aren't married within the 90 days.  The I-94 expires on the 90th day, that's it.  Filing for AOS is so you can have the benefits of work and travel, but you are not illegal just because you didn't file within the 90 days.

One hell of of an obvious typo.  
 

[Diane and Chris 651]

10 hours ago, Mrsjackson said:

Thank you!!! 

 

You raise a good point about the driver’s license but I have my Canadian one which is not set to expire for a while. I am under the impression that just having my Canadian one is okay for now? 

It depends on the state you live in. In Georgia, for example, you must apply for a DL after 30 days if you intend to become a permanent resident. I would check the laws. 

 

“The State of California does not recognize an International Driving Permit (IDP) as a valid driver license. California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident.”

 

Since you are no longer a resident of Canada, your license is no longer valid in California. 

 

 

[Michelle M 133]

3 minutes ago, Jojo92122 said:

One hell of of an obvious typo.  
 

Thank you, I will stay in my corner now. 

[LiliBurd 85]

I forgot how people react on this website... Take a chill pill people 😀

 

Just an observation... K-1 Visa gives you 90 days to get married not to file for AOS. 

 

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

Key word being may not must. Is there anywhere that says you must apply for AOS within a certain time frame? And as a Canadian you can stay in the U.S for 6 months.  Would that apply?

 

My main concern would be having to return to Canada for a family emergency, I would worry about reentering the U.S., which I do not think would be impossible, just risky depending on the Agent. 

 

[Ben&Zian 4,398]

2 minutes ago, LiliBurd said:

I forgot how people react on this website... Take a chill pill people 😀

 

Just an observation... K-1 Visa gives you 90 days to get married not to file for AOS. 

 

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

 

 

Of course, and I always tell people you can apply for AOS whenever you want to, years afterwards even. As long as you fulfill the obligations of marriage within the 90 days... but, after that 90 days you're out of status.

 

Also, the K-1 overrides visitor visas/Esta, ect. So again you still become unlawfully present. Just being married to a USC means nothing.  It's more why people can't just own their mistakes and follow through with things they agreed to do when they got the visa. It's their responsibility to know.