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

[Ben&Zian 4,398]

5 minutes ago, yuna628 said:

 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 - Well like the Philippines government makes all Filipinos go through CFO before being able to leave the country and gives them guidance on what to do overseas and all that so they kind of have that, but could definitely be beneficial.

 

But common sense is common sense. - Best advice I ever got, Common sense isn't that common. Sadly it's true.

 

Maybe the US just needs to make immigration matters blatently obvious. - Agreed, but no immigration matter or law is exactly easy or clear anywhere. Think it's more people taking it upon themselves to know what they are doing. You don't go rock climbing or repelling without knowing what gear you might need and potential hazards. So immigration should be the same to people.

 

 

 

[Shiran 1,134]

8 minutes ago, yuna628 said:

Having a state ID or even a driver's license will NOT do a thing if the person hasn't applied for AOS.

I understand that having State ID will not make a person magically legal, nor would it allow to work as SSN still carries "DHS Authorization needed" but I posit that if OP had a State ID card on him instead of foreign passport regardless of his AoS status (or lack there of) the jail would've never happened. 

[Crazy Cat 41,812]

2 minutes ago, SRNCR said:

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.

What a frightening mess!!!!!  OMG!!!

[K1visaHopeful 2,810]

35 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. 

In my state (GA) its different and I wont go into the ins and outside of it because it's not relevant to my point. All State ID in GA is noted as "limited term" meaning we are undergoing the immigration process giving law enforcement officers the huge hint to check our legal status. 

Edited May 10, 2019 by K1visaHopeful

[yuna628 9,671]

 

1 minute ago, missileman said:

What a frightening mess!!!!!  OMG!!!

Shh, don't tell anyone but the officer at the POE mentioned getting married and adjusting status to the husband too... and this was during the Obama admin.  I mean he could have just been having a good day and was really happy to mention that sort of thing.

[Spardasa 78]

30 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. 

Sadly Tennessee is a state where to just get an ID card, you have to provide: Proof of U.S. Citizenship, Lawful Permanent Resident Status or Proof of authorized stay in the United States, which for Proof of authorized stay, they don't list the NOA1 or SSN card.

 

Though,to get a Driver's license, you just need an EAD.  Go figure, lol.

[SRNCR 6]

4 minutes ago, missileman said:

What a frightening mess!!!!!  OMG!!!

Agree, but those are the consequences of overstaying. I can't imagine that OP won't be allowed to adjust since a) it was an honest mistake, they just didnt think it fully through and didnt realize they would be in trouble; b) they were attempting to go through the process correctly, evidenced by the way they went about everything, like getting the K1 in the first place; and c) the small amount of time they were out of status (although arguably they will say if they hadnt caught them who knows how long they would have overstayed). 

[payxibka 10,045]

10 minutes ago, Spardasa said:

Sadly Tennessee is a state where to just get an ID card, you have to provide: Proof of U.S. Citizenship, Lawful Permanent Resident Status or Proof of authorized stay in the United States, which for Proof of authorized stay, they don't list the NOA1 or SSN card.

 

Though,to get a Driver's license, you just need an EAD.  Go figure, lol.

SSN is not ever going to be proof. EAD should be considered proof of authorized stay. 

[Ben&Zian 4,398]

11 minutes ago, SRNCR said:

Agree, but those are the consequences of overstaying. I can't imagine that OP won't be allowed to adjust since a) it was an honest mistake, they just didnt think it fully through and didnt realize they would be in trouble; b) they were attempting to go through the process correctly, evidenced by the way they went about everything, like getting the K1 in the first place; and c) the small amount of time they were out of status (although arguably they will say if they hadnt caught them who knows how long they would have overstayed). 

 

Think OP will be fine after all said and done. Agreed though, how long maybe would they have kept going until finally AOS'ing? We only have the OP's side of the story and facts about the "just 10 days" or something after the 90 days when could in reality be longer than that. Key point is, they were out of status, rules are rules. I don't like the OP seeming to complain though about "had ICE and all just listened to me, it could have been resolved".. mean, their job is to verify you're out of status and detain you. They did their job. If they "listened" to everyone, they'd have heard every excuse or reason possible. It isn't ICE or border patrol's fault the OP let themselves get in the situation they were.

 

Most unpopular thing ever maybe to be said on this forum, but as a combat vet, I honestly would love to and have looked into joining border patrol as a new career. Would be great. Main reasons haven't is just would be taking a financial loss for a few years doing it and 'starting over' in that field, plus don't really want to live any closer to the border. Houston's close enough. Plus one day would like to move back up north and actually get 4 seasons and a winter.

Edited May 10, 2019 by Ben&Zian

[BethyWink 96]

 

What I worry about with the OP is not the immigration judge, as I think once they go infront of them and plead their case, it will hopefully be okay.  (Assumption) 

 

But I wonder if this is now another strike against potential new jobs, in that dreaded "Have you ever been arressted" checkbox.

[Allaboutwaiting 2,503]

1 hour 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. 

That is not the case in the whole state. Some offices in California will issue an ID that expires same day as I-94.

Edited May 10, 2019 by Allaboutwaiting

[SRNCR 6]

1 minute ago, Ben&Zian said:

 

Think OP will be fine after all said and done. Agreed though, how long maybe would they have kept going until finally AOS'ing? We only have the OP's side of the story and facts about the "just 10 days" or something after the 90 days when could in reality be longer than that. Key point is, they were out of status, rules are rules. I don't like the OP seeming to complain though about "had ICE and all just listened to me, it could have been resolved".. mean, their job is to verify you're out of status and detain you. They did their job. If they "listened" to everyone, they'd have heard every excuse or reason possible. It isn't ICE or border patrol's fault the OP let themselves get in the situation they were.

 

Most unpopular thing ever maybe to be said on this forum, but as a combat vet, I honestly would love to and have looked into joining border patrol as a new career. Would be great. Main reasons haven't is just would be taking a financial loss for a few years doing it and 'starting over' in that field, plus don't really want to live any closer to the border. Houston's close enough. Plus one day would like to move back up north and actually get 4 seasons and a winter.

What really perplexes me is the thought that they just had to get married, with no mention of when they could adjust. People would still be here years later with no consequences if that was the case. I do feel for OP though, to go through the proper channels and then get arrested would be terrifying. 

[Ben&Zian 4,398]

6 minutes ago, BethyWink said:

 

 

But I wonder if this is now another strike against potential new jobs, in that dreaded "Have you ever been arressted" checkbox.

 

Think this really wouldn't have any effect. If for instance, the OP is able to adjust, their file with this will either probably be sealed or expunged. And even if you had to, you can still check no convictions and stuff which nulls the whole arrest question anyways. Don't know if I've ever seen a job application with an arrested question, usually just asks about charges or convictions.

[Ben&Zian 4,398]

1 minute ago, SRNCR said:

What really perplexes me is the thought that they just had to get married, with no mention of when they could adjust. People would still be here years later with no consequences if that was the case. I do feel for OP though, to go through the proper channels and then get arrested would be terrifying. 

 

Oh I agree. I think they will be okay in the end but exactly, so many people don't even understand the process yet one would think one of the two persons, before entering the process or during would think "I wonder what else has to be done". And I bet there are plenty of K-1 visa recipients in the US still who never adjusted status, or even married their petitioner. They didn't read the clause about "can only adjust through the original petitioner" rule and are just out and about. Hence why the US has no idea exactly how many people are here either illegally or unlawfully/out of status. There's the estimates of 10-20 million people, but no one knows for sure.

[UserNameNA 16]

14 minutes ago, Ben&Zian said:

 

Oh I agree. I think they will be okay in the end but exactly, so many people don't even understand the process yet one would think one of the two persons, before entering the process or during would think "I wonder what else has to be done". And I bet there are plenty of K-1 visa recipients in the US still who never adjusted status, or even married their petitioner. They didn't read the clause about "can only adjust through the original petitioner" rule and are just out and about. Hence why the US has no idea exactly how many people are here either illegally or unlawfully/out of status. There's the estimates of 10-20 million people, but no one knows for sure.

The whole process isn't really complete until Citizenship is attained, before that even a green card can get revoked.  The OP didn't file and worse off... didn't maintain lawful legal status in the states.  As soon as they get the I-797 for AoS one would be here in legal status, pending the outcome of the application.  It's a rare case when the law enforcement went to the extent to call CBP and get this person deported... but there's likely more to the story than is being told.  It's not that hard to follow directions, some people learn the hard way.