K1 Visa, ICE came to my house.

[Alhaji 11]

@celie&joseph Thanks, def going to follow to get to the bottom of it, is all already frustrating with the waiting game as far as EAD, interview, etc and this happen ... Just unfortunate but good look on your process

[Ryanmaria2018 186]

5 hours ago, Alhaji said:

Wife came in US on k1 visa November 2018, got married January 11, 2019, I94 expired February 12 Filled AOS April 12 due to financial situation, did biometric May 16 June 26, 2019 ready for interview on USCIS site. ICE came to my house while I was at work July 5 due to I94 expired. Wife didn't get arrested but visit ICE office July 9. Took her passport and said we have to check in every month, should I be worried ???

As far as I can see you filed your I-485 AOS forms and your biometrics were completed so you are no longer out of status so you should be fine. Your I-797 NOA! letter will show proof your case is received is being processed. Looks like ICE is starting to crack down on people who are out of status so I can't see any reasons why you should be worried. What I wonder is why did they take your wife's passport and do they still have it? 

[geowrian 22,337]

5 minutes ago, Ryanmaria2018 said:

As far as I can see you filed your I-485 AOS forms and your biometrics were completed so you are no longer out of status so you should be fine.

Just to clarify, one is still out of status after their I-94 expires. The pending I-485 grants a period of authorized stay instead.

Edited July 10, 2019 by geowrian

[Ryanmaria2018 186]

4 hours ago, missileman said:

I have never heard of this check-in requirement.....Have you, @geowrian ?

Sounds like intimidation to me because I've never heard of ICE going after people who have proof (I-797 NOA1) of their case being received and not being out of status. For some of us like my wife her passport is her only form of ID and so still cannot understand why they would take it from her. Maybe an immigration lawyer can answer that because the census is many of us don't understand that reasoning.

[Ryanmaria2018 186]

5 minutes ago, geowrian said:

Just to clarify, one is still out of status after their I-94 expires. The pending I-485 grants a period of authorized stay instead.

Thanks for the correction @geowrian which makes sense. So the pending case and I-797 is helpful obviously but still can't figure out why ICE took her passport though.

Edited July 10, 2019 by Ryanmaria2018

[Going through 5,671]

2 hours ago, Alhaji said:

def keep you guys updated, thanks for the advice

At the visit yesterday where the passport was turned in, did you bring the i-485 filing NOA to show to the officers/agents?  Did either of you mention the already filed i-485 to them?

 

Did you or her ask them why she needs to check in monthly?

 

Just wondering what their response to you was, if you asked that/proved the i-485 was filed for her to have authorized stay?

Edited July 10, 2019 by Going through

[WaterLeaf 200]

Taking the passport is not right because they are holding her personal property. There is a law against that and now she is likely ID-less and can get in bigger trouble.

 

Sure it's not just fake ICE crew or something that's trying to steal some info?

[Ontarkie 14,221]

~~Multiple posts removed. Take all posts that do not directly reply to the OP's posts to another thread.~~

~~Thread also moved to AOS Family K1/K2, from K1 P&P as this is and AOS situation.~~

[USS_Voyager 1,972]

27 minutes ago, WaterLeaf said:

aking the passport is not right because they are holding her personal property.

It's not her personal property. It's the property of whatever country that issued that passport. 

[DesiJase 52]

Following.

[mytruelove18 608]

Keep updating

[Scandi 4,166]

Lol. Either they weren't ICE agents at all, or the whole story is made up. I can't make up my mind. Too much oddities with this story to take it that seriously.

[junkmart 320]

6 hours ago, xyz12345 said:

http://www1.cuny.edu/sites/citizenship-now/wp-content/uploads/sites/12/media-assets/Section-8-Know-Your-Rights.pdf

Excellent info everyone should know. Thank you for posting this.

[Going through 5,671]

11 minutes ago, Scandi said:

Lol. Either they weren't ICE agents at all, or the whole story is made up. I can't make up my mind. Too much oddities with this story to take it that seriously.

Only part that seemed "odd" to me at first reading the original post was the AOS interview scheduling happening only 75 days after filing.  Then again, my naturalization only took 96 days so maybe not that odd after all to have a quicker timeline than average.

 

I'd still like to know if OP ever mentioned/confirmed with officers that they filed the i-485 when they went to turn in the passport---and if not, WHY not??---that'd be the first thing I'd be screaming from the rooftop if it were me.  I've asked a couple of times, hopefully OP can clarify what exactly happened at that "meeting"---surely he must have asked a lot of questions?

 

Certainly once the AOS interview rolls around, this can all be put aside easily.  

[Celie 793]

1 minute ago, Going through said:

Only part that seemed "odd" to me at first reading the original post was the AOS interview scheduling happening only 75 days after filing.  Then again, my naturalization only took 96 days so maybe not that odd after all to have a quicker timeline than average.

I think he meant it was on "ready to schedule interview" status. A few people have had their status change to that days or weeks after biometrics lately.