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

[junkmart 320]

46 minutes ago, Mike E said:

Out of status. In status.  Lawful status. Legal status. Unlawful status. Illegal status.  Authorized stay.  Unauthorized stay. 

 

Etc. It’s a wall of text that most people don’t understand and people become numb to it.  Equivocations and Mumbo Jumbo just lead  to tragedies such as that reported by OP. 

I don't understand how one could be going through this process without understanding the terminology, or mumbo jumbo as you refer to it. Those terms are pretty easy to understand, especially with the internet. All it takes is a google search. And I'm not sure how confusion about those terms led to OP being arrested.

[Sav&Har 142]

11 hours ago, Tanya007 said:

Thank you for the responses... I must say, there is a lot of conflicting information going around. This is new to me. I appreciate your feedback. I will most definitely apply for SSN immediately. 

Also notice that not all SSA office staff is well documented to provide a SSN (without authorization to work) to K1 holders. And they might as well tell you, that you can't get one until EAD. That is not to say, you can't go and find out, however.

Edited May 10, 2019 by Sav&Har

[Ash.1101 1,756]

1 hour ago, junkmart said:

I don't understand how one could be going through this process without understanding the terminology, or mumbo jumbo as you refer to it. Those terms are pretty easy to understand, especially with the internet. All it takes is a google search. And I'm not sure how confusion about those terms led to OP being arrested.

Honestly there are a lot of people out there who don’t even know they have to AOS.

 

theres been people on VJ who have made threads asking what to do after their 90 days were up and then were super surprised that AOS isn’t cheap. And these are people who did their K-1 with visa journey.

 

honestly it’s almost always a lack of research, taking info at face value, or herd mentality (if 99% of people do this then I can too and be fine)

[Crazy Cat 41,812]

4 minutes ago, Ash. said:

Honestly there are a lot of people out there who don’t even know they have to AOS.

 

theres been people on VJ who have made threads asking what to do after their 90 days were up and then were super surprised that AOS isn’t cheap. And these are people who did their K-1 with visa journey.

 

honestly it’s almost always a lack of research, taking info at face value, or herd mentality (if 99% of people do this then I can too and be fine)

I agree. The immigration process requires a great deal of knowledge, planning, time, patience, and money........a lack in any of these can result in a poor outcome.....

Edited May 10, 2019 by missileman

[SalishSea 17,802]

11 hours ago, Tanya007 said:

Hi, please can you clarify on the SSN? The information that I have read said that you cannot get a SSN if you do not have EAD. As I understand, you get married first and then file for AOS, EAD, SSN as well as advance parole. Please help me if this is incorrect. 

My husband applied for his SSN right after POE (before wedding), and received the card about 4 weeks later, which was months before EAD/AP combo card arrived.

[DaveAndAnastasia 2,092]

16 hours ago, missileman said:

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

Seriously. If your financial situation is poor, you almost certainly would benefit immensely by having a spouse who was legally able to work. And you can pay AOS fees by credit card.

 

2 hours ago, Boiler said:

Relying on Facebook for legal guidance is a bit odd.

I guess that's right up there with the YouTube Immigration Service.

[Tanya007 21]

17 minutes ago, Jorgedig said:

My husband applied for his SSN right after POE (before wedding), and received the card about 4 weeks later, which was months before EAD/AP combo card arrived.

Thank you, I’ll definitely do the same!

[Shiran 1,134]

2 hours ago, yuna628 said:

with an NOA1 + passport + I-94 some DMVs will allow driving license temporarily, however a lot of them will not allow an immigrant to have a license until presenting an EAD. That's what my spouse did. A 1yr license is issued on presentation of an EAD in this state and then is upgraded to a full license upon presenting a GC. There are situations where an NOA1 or even an EAD can take longer to arrive than desired, the foreign citizen should be cautious until they do.

I do not understand American insanity of different states having different rules, but I will emphasize again, for those in CA (and probably most other states) The moment you have SSN you CAN get a nice 4 year California State ID card, which is much of a legal ID as driver license is (but doesn't allow driving) You do not need NOA1 or EAD to get it. You do need to apply for it while your I-94 still has some time on it (30 days or maybe 60 days, not sure)

This really should be in the guide and more people need to know about because having proper American ID, will not even bring up the insane mumbo-jumbo about "out-of-status but in authorized stay" during any sort of routine law enforcement altercation. 

[Ben&Zian 4,398]

Maybe should add into the K-1 visa guide/flow chart at the very beginning in big, bold letters "Have all money necessary for the entire process to include AOS before you even bother filling any paperwork out!".  Since always seems to a thread or two about financial issues being a reason for not AOS'ing. This OP has a different scenario so could be "Arrive in the US, marry relatively quickly, apply for AOS immediately, don't wait until day 90!"

[payxibka 10,045]

3 minutes ago, Ben&Zian said:

Maybe should add into the K-1 visa guide/flow chart at the very beginning in big, bold letters "Have all money necessary for the entire process to include AOS before you even bother filling any paperwork out!".  Since always seems to a thread or two about financial issues being a reason for not AOS'ing. This OP has a different scenario so could be "Arrive in the US, marry relatively quickly, apply for AOS immediately, don't wait until day 90!"

When my now wife and I arrived at the POE, the CBP officer said one thing.  "Please be certain to marry AND file AOS before the 90 days.  Many people mistakenly think they only need to get married.  Don't make this mistake. "

[yuna628 9,671]

10 minutes ago, Shiran said:

I do not understand American insanity of different states having different rules, but I will emphasize again, for those in CA (and probably most other states) The moment you have SSN you CAN get a nice 4 year California State ID card, which is much of a legal ID as driver license is (but doesn't allow driving) You do not need NOA1 or EAD to get it. You do need to apply for it while your I-94 still has some time on it (30 days or maybe 60 days, not sure)

This really should be in the guide and more people need to know about because having proper American ID, will not even bring up the insane mumbo-jumbo about "out-of-status but in authorized stay" during any sort of routine law enforcement altercation. 

It's a state's rights thing. Feds have no control over who can drive and what documentation is needed to drive. Every state is different, and in some cases, every DMV you walk into will be different depending on the person behind the desk interpreting rules. That's why demanding a supervisor is best, if given a hard time. The rules I quoted as an example is for MD and a generalized interpretation for many states. You can get a license/ID on just the I94 alone here, but it's literally only good until the I-94 expires - so it's quite useless for most people. CA is quite different.

 

Having a state ID or even a driver's license will NOT do a thing if the person hasn't applied for AOS. Like I said, you can get a temporary license/ID on just the I94 alone here (or some stupid DMV employee could misinterpret and give a license with a longer expiry period). So a person could drive around with that, and still not apply for their AOS. They will still be out of status. Even handing over a non-expired license or state ID, and having a perfectly good NOA1 may not get an immigrant out of trouble if the officer doesn't understand the meaning of such a document that grants 'authorized stay'.

[yuna628 9,671]

9 minutes ago, Ben&Zian said:

Maybe should add into the K-1 visa guide/flow chart at the very beginning in big, bold letters "Have all money necessary for the entire process to include AOS before you even bother filling any paperwork out!".  Since always seems to a thread or two about financial issues being a reason for not AOS'ing. This OP has a different scenario so could be "Arrive in the US, marry relatively quickly, apply for AOS immediately, don't wait until day 90!"

Would it make much of a difference? Sometimes I wonder if all embassies need to make the foreign spouse go to a training course ''new life in America'' and tell them what's required... it's clear some USCs certainly aren't taking responsibility to inform or help their new spouses, either out of ignorance themselves or neglect.

 

I mean my husband with years of driving under his belt had to sit for a 3hr 'lecture' of some guy in a room showing slides telling him not to 'drink and drive' just to get his license. $30 for the pleasure of that boredom. The guy was practically falling asleep too. But common sense is common sense. Maybe the US just needs to make immigration matters blatently obvious.

 

 

Edited May 10, 2019 by yuna628

[Crazy Cat 41,812]

Just now, payxibka said:

When my now wife and I arrived at the POE, the CBP officer said one thing.  "Please be certain to marry AND file AOS before the 90 days.  Many people mistakenly think they only need to get married.  Don't make this mistake. "

WOW!!!!!   That's the first time I've heard of that happening........could be significant.

[SRNCR 6]

Not sure if this was already said, but just wanted to let you know you wont be able to adjust while they've got you in immigration proceedings. The judge will make the decision now, or may send it to USCIS for decision, depending on what they see fit.

[payxibka 10,045]

5 minutes ago, missileman said:

WOW!!!!!   That's the first time I've heard of that happening........could be significant.

It confirmed what I always suspected,  and with the current administration's policy on immigration enforcement,  could it mean local law enforcement will no longer turn a blind eye?