Questions about unlawful presence and 10 years bar

[MertUS 2]

1 hour ago, JeanneAdil said:

your wife did not help you AOS and had you arrested

and why was ICE waiting?  more  than likely she turned you in and herself was suspecting you used her for a green card (my opinion only but why else would ICE be waiting???)

BTW the actual visa is a 1 time entry and was void after you entered

you needed to AOS to stay as instructed by USCIS in the welcome phamlet given to you when you received your visa 

So exwife supporting you financially all this time or did you try working without a permit?

 

and going from one USC and marriage to another is considered visa (green card) shopping by immigration and looked on as that way by most here and this is one reason immigration now uses the new forms to search thru an immigrant's social media to see if they go from one to another

 

ICE was waiting because there is a criminal complaint by my wife for me. ICE can see that and when they realize i have an expired visa and i have a criminal complaint I was a perfect target for removal procedings. They saw my court date in the system and on my court date they arrested me. I heard in some states it is illegal For ICE to arrest people at the court. 

[MertUS 2]

1 hour ago, Quarknase said:

Agree with the timeline likely to raise suspicion. But I can also emphasize. After almost 2 years in the US every “normal” person has a life established here, wether legal status or not. In return the person has nothing (house, job, personal belongings) in the home country. Under those circumstances I think it’s only natural to first explore options to return, before planning our next steps in the previously abandoned home country.

With a 10 year bar from entering an uphill battle, this will take some years minimum.

 

As others have stated - unfortunately a great example of CR1 being safer than K1 for the immigrant, and delaying AOS is no joke.

Yes K1 is not a safe option i wouldn’t recommend. Safest way get married in home country!

[Crazy Cat 41,894]

2 hours ago, MertUS said:

Yes K1 is not a safe option i wouldn’t recommend. Safest way get married in home country!

You accrued unlawful presence for a year.  A k-1 entrant should file for adjustment of status before the I-94 expires...After I-94 expiration,  he/she is subject to being removed......just like any other non-immigrant visa holder.

Edited July 4, 2020 by Lucky Cat

[JFH 12,190]

The timing sure is suspicious. January 2020 sent to detention for 6 months (so June 2020 you were released, at the earliest). July is barely 4 days old and already not only is there a new partner in the scene but marriage is being discussed. 
 

Aside from that, this highlights a disadvantage of the K-1 that many advocates of the CR-1 regularly discuss. The immigrant is totally at the mercy of the USC to sign the affidavit of support and see the AOS process to the end in order to remain here. We often jest on here that immigrants are not “packages you can return to Amazon” but those who are in the limbo status of waiting for the petitioner to sign the I-864 and go through the adjustment of status must feel very much like the proverbial Amazon package that could be returned at any moment.

Edited July 4, 2020 by JFH

[Crazy Cat 41,894]

7 minutes ago, MertUS said:

I heard in some states it is illegal For ICE to arrest people at the court. 

Federal law ALWAYS trumps state law.  Immigration is a federal matter...not a state matter.

[Crazy Cat 41,894]

1 hour ago, JeanneAdil said:

men have a hard time saying they were wrong --about anything

and if an American man goes to a foreign dating site to look for a partner,  who is targeting whom??

I was referring to targeting American women for the sole purpose of getting immigration benefits....

[kris&me 572]

53 minutes ago, MertUS said:

ICE was waiting because there is a criminal complaint by my wife for me. ICE can see that and when they realize i have an expired visa and i have a criminal complaint I was a perfect target for removal procedings. They saw my court date in the system and on my court date they arrested me. I heard in some states it is illegal For ICE to arrest people at the court. 

any illegals are called into court and ICE does not know (watch the cops show and you will see some even arrested for driving without a license and ICE does not show up

sorry ,  but your wife called them and advised them where to find you

and you need to know what she said in a complaint to the courts and to ICE (and why she did not AOS for you)

[MertUS 2]

11 minutes ago, kris&me said:

any illegals are called into court and ICE does not know (watch the cops show and you will see some even arrested for driving without a license and ICE does not show up

sorry ,  but your wife called them and advised them where to find you

and you need to know what she said in a complaint to the courts and to ICE (and why she did not AOS for you)

It’s on the paper ICE gave it to me when I was arrested. It says they saw me on the ICE system called CrimeMe something like that. Yes they can see when an illegal immigrant  involved some kind of crime or complaint. That’s how ICE got most people. At the court.

Edited July 4, 2020 by MertUS

[MertUS 2]

ICE has no mercy and no joke. They like a pit bull. Once they got you you are done. They didn’t let me go even with bail. And I have no criminal background nothing. First time in my life I had issues with police because of my wife. And the detention facility in Newark “Essex County Correctional Facility “ was like a nightmare they treat people like animal. Doesn’t matter you are criminal or not!

Edited July 4, 2020 by MertUS

[8bithearts 104]

I am not sure about the bans but all I would say if it looks questionable to people on here it is certainly going to look questionable to any CO.  Still not sure on your timeline as to when you have met your new partner and it got to the wanting to marry each other stage.  You need to start documenting everything now to show a bonafide marriage, but as other people on here have stated it seems like you will be facing a difficult, long uphill battle.  If you love each other and want to be together it may be worth considering you both moving to your country which I would imagine is going to be a lot easier and shorter process.

[Henry357 70]

1 hour ago, JFH said:

The timing sure is suspicious. January 2020 sent to detention for 6 months (so June 2020 you were released, at the earliest). July is barely 4 days old and already not only is there a new partner in the scene but marriage is being discussed. 
 

Aside from that, this highlights a disadvantage of the K-1 that many advocates of the CR-1 regularly discuss. The immigrant is totally at the mercy of the USC to sign the affidavit of support and see the AOS process to the end in order to remain here. We often jest on here that immigrants are not “packages you can return to Amazon” but those who are in the limbo status of waiting for the petitioner to sign the I-864 and go through the adjustment of status must feel very much like the proverbial Amazon package that could be returned at any moment.

Or they can go home.  Why would you stay married to someone who isn’t when willing to sign the AOS?

[Henry357 70]

1 hour ago, Lucky Cat said:

Federal law ALWAYS trumps state law.  Immigration is a federal matter...not a state matter.

What he is talking about  is some states share data With ICE to support this process.  In some states sharing data with ICE is illegal under state law.

Edited July 4, 2020 by Henry357

[Crazy Cat 41,894]

1 minute ago, Henry357 said:

Why would you stay married to someone who isn’t when willing to sign the AOS?

Someone who in a marriage of convenience, maybe?  (I'm not accusing anyone)

[Henry357 70]

1 minute ago, Lucky Cat said:

Someone who in a marriage of convenience, maybe?  (I'm not accusing anyone)

I am referring to the advice given that there is a risk to the K1.  The visa implies that your only moving to the US to marry someone and you would move back if it’s not working out.  
 

Seems logical to me, if I move to a random city/country to be someone and after 90 days it wasn’t working out i would move back - visa or no visa . 

[Henry357 70]

49 minutes ago, 8bithearts said:

I am not sure about the bans but all I would say if it looks questionable to people on here it is certainly going to look questionable to any CO.  Still not sure on your timeline as to when you have met your new partner and it got to the wanting to marry each other stage.  You need to start documenting everything now to show a bonafide marriage, but as other people on here have stated it seems like you will be facing a difficult, long uphill battle.  If you love each other and want to be together it may be worth considering you both moving to your country which I would imagine is going to be a lot easier and shorter process.

I’m not sure why people assume other countries have easier immigration than the US.   I would think Turks and Caicos Island, a British Overseas island and tax haven, has fairly hard immigration for non millionaires. 

Edited July 4, 2020 by Henry357