Has anyone successfully crossed inland border checkpoint with no status?

[art1234 14]

1 minute ago, JeanneAdil said:

others have answered the serious part about the AOS

but to your original topic this is the map of inland borders and if you look closely at Austin TX on the map, it is northeast of San Antonio,  so drive the northern route (long way around thru Vegas ) and avoid the checkpoints

 

there is a map of checkpoints on the internet

there is even an internet site giving you the routes to take to avoid them

 

and sorry u are unhappy in the US but seems your issue may be due to money and work and that is affecting the entire world with so many businesses closed 

 

Yea i understand the checkpoints. And on that - when coming from Vegas to South TX there's checkpoint as well. Either way I won't risk it and be detained - it's not something I consider fun.

Yes the big factor why I am unhappy here is lack of all sorts of freedom because of my status (or lack of status)... my remote job pays very well so money isn't the issue for now which i am very thankful for taking the current situation in the world. It sucks that the rules isn't built regardless of which side meets the income requirements. But guessing it's to avoid fraud where people would essentially buy green cards.

1 hour ago, Co6aka said:

Why do people do this...???   (Where is the shoulder-shrug smiley?)  Anyway...

 

If you'd filed AOS already then you'd likely have your EAD already, which would mean your foreign income is "legal" and could be included toward household income. It would also mean that you could also look for additional local income. Also, you and your spouse can use assets to offset lack of income, and your foreign assets can be included with proper documentation; ownership and appraisal. Either the pandemic will end or modern civilization will end, so either way the current financial situation isn't significant. Plus, the I-944 can be very helpful if you have any education, professional skills/experience, licenses/certifications, etcetera, and foreign income.

 

As for trying to hack it out here in the USA... My gross income is down more than 95% due to the pandemic, and so far the only "pandemic assistance" I've received from anywhere, except for the local food pantry, is the HUGE middle finger. Since March 2020 I've put $25K on credit cards paying for basic survival, while a great many have been enjoying their pandemic assistance. (Do people have any idea what it costs to live in NYC when you're NOT a public charge???) I shut down my S-corp business on 12/31/2020 because it was costing me about $500/month in personal debt having to pay it's basic survival/existence expenses. BUT... My wife and I married in April 2020, and we filed as soon as we had all the paperwork together, which was at the end of August. It took what seemed like forever amid the pandemic to get her documents sent from Russia, then have them professionally translated, then her masters degree accredited here, but we did it. And I had to amass a lot of documentation too; I included literally everything I own as an asset. Considering all the pandemic-related shutdowns and delays, it'll probably be two years before we're interviewed, so the next step has been to rebuild life somehow. USCIS is concerned with a potential immigrant becoming a public charge, and those who act swiftly and strongly are much less likely to become a public charge, plus they've demonstrated that unlikeliness. Those who sit around doing little to nothing are demonstrating the opposite. My wife received her EAD at the beginning of February, and her SSN two days ago, and is now searching/applying for work. If we could do what we've done then anyone can do it.

 

Otherwise... If moving abroad provides better circumstances and/or more opportunities then start taking any necessary actions. We thought about it and discussed it at length, but decided we're better off staying put and duking it out here.

 

Ya gotta think, a lot, then rock, rattle and roll.

You make interesting points. I just consulted immigration lawyer and he said it's okay to file for AOS and get the income requirements met in meantime. Might as well try that. Need to get 2nd opinion tho...not sure i should fully trust anybody, even lawyers. 

[HRQX 4,145]

Just a note that domestic airports in the area also have BP agents (albeit plain clothed) in the TSA area: https://www.mercurynews.com/2014/07/17/what-does-border-patrol-do-at-airports-other-domestic-checkpoints/ "Border Patrol agents who work at airports within 100 miles of the border are often in plain clothes and work closely with Transportation Security Administration agents to monitor people, even those who are flying within the country. Agents don’t typically have offices within the airport, and the Border Patrol will not say how many agents staff airports at any given time. But they are there. They check passports, green cards, and other forms of identification while standing over the shoulder of a TSA agent. Essentially, agents are on the lookout for suspicious behavior such as extreme nervousness or appearing to be lost. If an agent sees that such a person presents a green card but looks nervous, the agent would likely question that person. The agent would ask questions such as where the person’s mother was born and how long it’s been since they entered the country to determine whether the ID they are using is counterfeit."

 

I.e. going to the "border zone" and back is risky.

Edited March 1, 2021 by HRQX

[Co6aka 18]

2 hours ago, art95 said:

my remote job pays very well ... It sucks that the rules isn't built regardless of which side meets the income requirements.

If your job pays very well then as long as it keeps paying you've got little to worry about financially, because HOUSEHOLD INCOME is what USCIS considers at the AOS interview; your income PLUS your spouse's income. Get your EAD and SSN as soon as possible! Also, if either of you have any assets, then for a spouse 1/3 of their value can be used to offset a shortage of income. In your OP you wrote that your wife was employed until the pandemic began, so she was employed in 2019 and that's her "most recent tax return" you'll file with USCIS, so isn't that enough? (File an extension for 2020.) You wrote that you arrived in late 2019, so on your I-944 include your foreign income for 2019 and foreign tax return (with translation to English.) USCIS is looking to bar NINJAs, not intelligent educated/skilled hard working folks, because the latter make great taxpayers. (The USA is all about money: Whoever dies with the most money WINS!!!!)

 

PS- ALSO, the bars for unauthorized employment do not apply to immediate relatives of U.S. citizens.

Edited March 1, 2021 by Co6aka

[Co6aka 18]

2 hours ago, art95 said:

not sure i should fully trust anybody, even lawyers. 

The only person to trust less than yourself is a lawyer. A "good" lawyer told me that lawyer joke.

You're here, in VJ, so you're in the right place. Read the USCIS form instructions thoroughly and carefully, and read the applicable laws similarly, and read VJ similarly. Ask all questions, and then research all answers, and then you'll know more than 99% of the population. (And then one day you'll wonder how it can be that the dummies have the smart people jumping through hoops instead of it being the other way around.)

[Scandi 4,166]

18 hours ago, art95 said:

Nope... we had some lined up before I flew to US and all backed out because of family issues.

 

Thanks for detailed response. Tbh I had read in many places there's no deadline to file AOS so now I'm slightly concerned, but the law is unclear and gets applied according to the mood of ICE officer.

Also in regards of remote work its the same thing - the law of employment while waiting for EAD was written well before remote work was even technically possible so it's very grey area. In my k1 visa interview I was asked if I will be continuing to work remotely if i get the visa and move to US. I responded "most definitely" and the officer just moved on to next questions without any concerns.

 

Either way it won't be the worse thing to go back to Europe forcefully, just shame about time and effort wasted. Just hoping I won't get detained for too long and will be able to voluntarily leave the country for good.

 

 

There's a difference between USCIS and ICE. 

 

While there isn't a set time frame as to when you need to file your AOS in regards to USCIS, any unlawful precense can certainly get you in trouble with ICE. 

 

Those are two very different things. So even if USCIS ignores any overstay, it's still very much recommended to file for AOS asap to avoid issues with other departments.

[Co6aka 18]

PPS- Re teleworking for a foreign company as a foreign employee, in other words, in a capacity that doesn't impact American workers, how would that be afoul of laws intended to protect American workers? It's not "taking a job away from an American" because an American can't fill the other country's job position. Foreigners come to the USA for extended periods of time and handle their foreign business affairs remotely, so unless that's also illegal I don't see how the spirit of the law applies. I'll ask a retired immigration judge for an opinion later, but perhaps some people here have some specific case knowledge on the subject.

[replaysports 41]

20 hours ago, art95 said:

We got our K1 visa in late 2019 and got married in Jan 2020 just before Covid hit. My wife is unemployed due to Covid and doesn't meet the i-864 income requirements at the moment so we have applied for AOS yet. 

That means I am technically out of status.

My wife's family lives in southern Texas and we live in Austin TX. I am very reluctant to go to south for a visit because I have no clue what would happen when coming back and getting into one of the many inland border control checkpoints.

 

Has anyone had the same situation (expired K1 visa, married with proper certificate and everything, but not applied for AOS yet) and tried to cross the checkpoints?

If so do you get a lot of investigation or you just have to prove you're married?

 

Thanks in advance

 

Edit: I am working remotely for UK in case anyone's wondering if I am burden on US economy .

Regardless you are out of status...

[art1234 14]

41 minutes ago, Co6aka said:

If your job pays very well then as long as it keeps paying you've got little to worry about financially, because HOUSEHOLD INCOME is what USCIS considers at the AOS interview; your income PLUS your spouse's income. Get your EAD and SSN as soon as possible! Also, if either of you have any assets, then for a spouse 1/3 of their value can be used to offset a shortage of income. In your OP you wrote that your wife was employed until the pandemic began, so she was employed in 2019 and that's her "most recent tax return" you'll file with USCIS, so isn't that enough? (File an extension for 2020.) You wrote that you arrived in late 2019, so on your I-944 include your foreign income for 2019 and foreign tax return (with translation to English.) USCIS is looking to bar NINJAs, not intelligent educated/skilled hard working folks, because the latter make great taxpayers. (The USA is all about money: Whoever dies with the most money WINS!!!!)

 

PS- ALSO, the bars for unauthorized employment do not apply to immediate relatives of U.S. citizens.

"Whoever dies with the most money WINS!!!!" this is the best description of US i've seen in long time...can I borrow it to use in my conversation?  

Also about my foreign job - it's in UK and I've filed for taxes and did everything correctly so it makes sense to include all that as evidence. 

And our assets (pure cash) is currently roughly 3x of the minimum income requirements of ~21k which is not enough on it's own...but we can definitely look into combining all the stuff together.

[Co6aka 18]

1 minute ago, art95 said:

"Whoever dies with the most money WINS!!!!" this is the best description of US i've seen in long time...can I borrow it to use in my conversation?

Sure! 😎 And when someone asks what they win, reply: "Irrelevant; they're dead."

[art1234 14]

5 minutes ago, Co6aka said:

PPS- Re teleworking for a foreign company as a foreign employee, in other words, in a capacity that doesn't impact American workers, how would that be afoul of laws intended to protect American workers? It's not "taking a job away from an American" because an American can't fill the other country's job position. Foreigners come to the USA for extended periods of time and handle their foreign business affairs remotely, so unless that's also illegal I don't see how the spirit of the law applies. I'll ask a retired immigration judge for an opinion later, but perhaps some people here have some specific case knowledge on the subject.

Yea that was the point I'm trying to make. I haven't seen a precedent where this becomes deportation level issue. They may interrogate in green card interview but that's it. And like I said - i specifically mentioned in my K1 interview that I have NO intentions to quit my remote work while in US.

Edited March 1, 2021 by art95

[Timona 4,207]

Well, someone already suggested you use Stimulus check. Additionally, you work. You can use your own money to buy MO ($1760). USCIS is not gonna ask where the money came from.

So:

1. Get a MO.
2. File with the low income from your family. Meanwhile, your wife can get a a hourly job etc at Walmart, Amazon etc and start earning.
3. USCIS will send you an RFE in like 5 months (COVID times) asking for a joint sponsor or asking your wife to show financial might. By this time, she would be having paystubs which she can supply back to USCIS or maybe you guys would have a joint sponsor.

As soon as you file and get the receipts, you are not out of status anymore. Additionally, your process is in the works and hopefully, you get EAD soon (6 months now - COVID) to help your wife 

 

When I did my AOS, I only had $30. My wife was not working. I borrowed from multiple people because I was eyeing that EAD, which would enable me to work and pay my debtors. Similarly, by filing, I knew I will be in authorized stay (See all the problems solved by filing?)

 

If you had the receipts from your AOS + marriage certificate, you can go to South Padre and back, no issues. Just do not leave the country until you get your AP (If you put it in your AOS package)

 

Think ahead. Not short term.

 

Edited March 1, 2021 by Timona