Beware bad information on AOS deadline for K1 (fresh out of jail)

[Boiler 45,733]

I have heard of Facebook groups but never went looking for any, on here one advantage is that if misleading info is published it will usually be picked up.

 

Current income is what counts.

[JFH 12,190]

Were you driving with your UK license? Did you get a “driving without a valid license” charge also? Most states require you to obtain a state license within 30 days of taking residency there. Or even less. 

[SpaceAge 33]

15 minutes ago, missileman said:

There are no advantages to delaying filing for adjustment of status........

I was not delaying it. I had it completed. The delays were both from outside sources to make sure the pack had all the documents they needed which were the marriage licence and tax form. I should have just posted without and got an RFE with hindsight had I known this deadline that is not clear on USCIS existed

[SpaceAge 33]

17 minutes ago, Boiler said:

I have heard of Facebook groups but never went looking for any, on here one advantage is that if misleading info is published it will usually be picked up.

 

Current income is what counts.

Thats why i included the link to Rapid Visa on the original post as that site comes up first on most google searches. I wanted people to be aware. 

 

Current income as in ‘employed’ or as in on the current tax form we have that shows he easily met the sponsorship?

3 minutes ago, JFH said:

Were you driving with your UK license? Did you get a “driving without a valid license” charge also? Most states require you to obtain a state license within 30 days of taking residency there. Or even less. 

No i was not allowed to drive or sit my test until I had NOA1 from AOS which is why I was trying to file as quick as I could after the wedding. 

[JFH 12,190]

Got it. You were a passenger. Hope you weren’t injured! 

[Boiler 45,733]

You will find plenty of RapidVisa horror stories on this forum.

 

You have to file taxes

 

You have to show income, do not mix them up.

[Ash.1101 1,756]

Ya the big issue is, is you’re out of status after 90 days. What ever you do between that 91st day and filing is on you.

 

the completed packet doesn’t matter, the only way you hold limbo status is with the NOA saying they received your I-485 form.

 

note we filed a couple of weeks after the 90 days expired but we were aware of the risks and what could happen. 

 

you are NOT required to file within the 90 days but if you don’t want a lapse in your legal status in the country it’s recommended that you should.

 

since you’re not required to file they are not required to put up that information. USCIS tends to expect everyone to know how their visas work.

Edited May 10, 2019 by Ash.

[Ben&Zian 4,398]

Well minus the obvious issue and dilemma it caused you, it's nice to hear police and border patrol working together for once. Hope you get your issue resolved quickly.

But will say, it isn't so much bad advice online or lack there of, when you enter the US on the K-1, the visa is voided and you are legally present wth the I-94, when it expires, so does your legal status, somewhat common sense.

And while obviously jail time and bond money is a huge ordeal, for myself it's good they are taking things more seriously than just "catch and release"....

Edited May 10, 2019 by Ben&Zian

[Crazy Cat 41,984]

14 minutes ago, SpaceAge said:

I was not delaying it. I had it completed. The delays were both from outside sources to make sure the pack had all the documents they needed which were the marriage licence and tax form. I should have just posted without and got an RFE with hindsight had I known this deadline that is not clear on USCIS existed

I really wasn't directing my post toward your case specifically.  It's just that we sometimes see people who just wait for seemly unimportant reasons.  I am you glad have warned others about the real danger.   I hope you get this situation straightened out soon.  

[SLV123 40]

What does the police officer check to know whether the I-485 is filed on time?

[K1visaHopeful 2,851]

13 minutes ago, SLV123 said:

What does the police officer check to know whether the I-485 is filed on time?

When you file I485 its generally recommended to carry your I485 Noa1 receipt notice along with your foreign passport to prove you had legal entry (your K1 stamp) and to prove you have a pending AOS application. It's not that in this case that it wasnt filed on time but that it wasnt filed and the OP was out of status. 

 

The OP had no receipt notice and the passport would prove when US entry happened by looking at the K1 stamp.

[little immigrant 801]

1 hour ago, SpaceAge said:

I think until i get my next court date I just have to wait to see that they will approve it but theyve held onto my passport and Uk drivers licence so I have no photo ID at all now which I thought was a crime in itself so im scared to leave the house.

Is it actually legal for a "foreign" government to take away your government issued id's and passport? It doesn't sound right. 

Edited May 10, 2019 by little immigrant

[Shiran 1,134]

This is why high priority for us was to apply for SSN right away, and then use that to get State ID. No carrying scarlet letter of a foreign passport. No worries about NOAs, or what random peace officers might or might not know. 

[SLV123 40]

NOA1 for AOS taking 10 days on average. So my daughter’s fiancé should carry what during that 10 day period? Is the SSN sufficient,  or should I tell him not to leave the house?  Being facetious but this is ridiculous!

 

Additionally I have read the I-485 instructions  and nowhere does it say inthe section clearly labeled “WHEN TO FILE” that it must be filed within 90 days,; the only clear direction is for the K-1 to marry within that time frame. The zeal to arrest is astonishing.

[SalishSea 17,970]

2 hours ago, Boiler said:

It come up on this forum every now and then and every time people are told to file within the 90 days.

 

K1 is good for 90 days and then you are out of status.

Like the recent poster who was almost boasting about waiting five years to file for AOS, and how it didn't put his wife at risk at all.....smh.....