I-485 while an I-130 is pending

[scy 0]

I adjusted from a VWP and yes I have to say it was a very easy proccess... I did not have any over stay as I was able to file for AOS before my I-94 expired...

Working on your theory anyone who does not file before their I-94 expires would be denided including all the K1's who wait to file for AOS until after their 90 days for whatever reason....

Now that would be interesting....

Kezzie

Your post doesn't make sense. I did not say a K-1 who filed AOS within their 90 days status will be denied. They won't be denied if they file for AOS prior to their I-94 expiring and they married the K-1 petitioner. But make no mistake, H.R. 4437 makes overstay a felony. If this part of the bill becomes law, the K-1 beneficiary who doesn't mainain status has committed a felony. This makes them inelligible to adjust status.

Right now overstay is a violation of civil immigration law, and therefore usually forgiven at adjustment of status. H.R. 4437 makes overstay a felony criminal offense. That is not so easily forgiven.

[ChristinaM 0]

I'll repeat:

I'm interested. What's a "legitimate" overstay in your opinion? If not being able to get the medical done to file an otherwise complete package is not a legitimate overstay, what is? (I'm interested partly because I had to travel two states away to get my medical done in less than 6 weeks, which not everybody is able to do.)

I would really like your opinion on that, scy.

[Kez/JWolf 6]

I adjusted from a VWP and yes I have to say it was a very easy proccess... I did not have any over stay as I was able to file for AOS before my I-94 expired...

Working on your theory anyone who does not file before their I-94 expires would be denided including all the K1's who wait to file for AOS until after their 90 days for whatever reason....

Now that would be interesting....

Kezzie

Your post doesn't make sense. I did not say a K-1 who filed AOS within their 90 days status will be denied. They won't be denied if they file for AOS prior to their I-94 expiring and they married the K-1 petitioner. But make no mistake, H.R. 4437 makes overstay a felony. If this part of the bill becomes law, the K-1 beneficiary who doesn't mainain status has committed a felony. This makes them inelligible to adjust status.

Right now overstay is a violation of civil immigration law, and therefore usually forgiven at adjustment of status. H.R. 4437 makes overstay a felony criminal offense. That is not so easily forgiven.

And where in my post did I say you said a K1 who filed within 90 days would get denied???

What I did say is that a K1 who waits until after their 90 days to file AOS under your theory would get denied because a overstay has occured..... and we have many many people who do just that... they wait to file AOS

I am saying that it would be interesting to see all those K1's get denied.....

Kezzie

[scy 0]

I adjusted from a VWP and yes I have to say it was a very easy proccess... I did not have any over stay as I was able to file for AOS before my I-94 expired...

Working on your theory anyone who does not file before their I-94 expires would be denided including all the K1's who wait to file for AOS until after their 90 days for whatever reason....

Now that would be interesting....

Kezzie

Your post doesn't make sense. I did not say a K-1 who filed AOS within their 90 days status will be denied. They won't be denied if they file for AOS prior to their I-94 expiring and they married the K-1 petitioner. But make no mistake, H.R. 4437 makes overstay a felony. If this part of the bill becomes law, the K-1 beneficiary who doesn't mainain status has committed a felony. This makes them inelligible to adjust status.

Right now overstay is a violation of civil immigration law, and therefore usually forgiven at adjustment of status. H.R. 4437 makes overstay a felony criminal offense. That is not so easily forgiven.

And where in my post did I say you said a K1 who filed within 90 days would get denied???

What I did say is that a K1 who waits until after their 90 days to file AOS under your theory would get denied because a overstay has occured..... and we have many many people who do just that... they wait to file AOS

I am saying that it would be interesting to see all those K1's get denied.....

Kezzie

My mistake, I misread your sentence. But you are correct that many K-1 beneficiaries wait until after their status expire to adjust status. And if the House has its way, all those people will become criminals.

I'll repeat:

I'm interested. What's a "legitimate" overstay in your opinion? If not being able to get the medical done to file an otherwise complete package is not a legitimate overstay, what is? (I'm interested partly because I had to travel two states away to get my medical done in less than 6 weeks, which not everybody is able to do.)

I would really like your opinion on that, scy.

There are many compelling reasons to overstay. In my opinion they include among others:

-An serious illness in the family where you had to take care of the person.

-You were hit by a car and broke fifty bones in your body

-Your house burned down and all your money and paperwork burned with it

-You were diagnosed with a life threatening disease that requires immediate medical care

-A hurricane passed through your area and flooded your house

Not being able to get a medical examination done because you didn't have time or money is not a legitimate reason. Surely within the 90 days of your status, you could have found half a day and $300 to get a medical done.

[JayJay 4]

I fully understand the point she was making. And I personally think that people like her who flout immigration laws make things worse for others who had legitimate reasons to overstay. The House passed a bill that criminalizes illegal stay. This would make adjustment impossible for anyone who overstayed. They did this because far too many people think immigration law is trivial and continually violate it when they had no compelling reasons to do so.

My God, you really are an extremely offensive person. If you think I "flouted immigration laws", you're completely wrong. We felt, after the London bombings, that it was unwise to return to London, and actually called USCIS to find out if we had the option to adjust from here. Which we did, because it IS legal - and there are guidelines for USCIS to follow.

Quite honestly, you're no expert on the subject are you - and secondly, I have to congratulate you because you've succeeded in doing what most others can't - completely and utterly offending me, and others who had legitimate reasons for doing it the way we did. Good for you. That was unbelievably uncalled for. I don't really think I need to write any more, as actually, people who know me know exactly what I did, and others, and know there was nothing illegal or "flouting" about it.

If you don't believe me, call USCIS, as see what they have to say on the subject. I personally think that THEIR opinion counted at the time, over anyone's who felt that we should be risking it back to London in the previous political climate.

And as for the medical examination: let me tell you this:

I arrived with no intentions on the 31st of May. I got proposed to on the 22nd June. We started looking toward visas shortly after this - K1 and K3, to be exact. London got bombed - that was NOT funny, that was extremely scary - it's my capital city and people got killed. My entire family were concerned about my safety, including my then-fiancee.

We got married in August, and on our wedding night, talk of "going back" was not allowed because we thought it was inevitable. I started packing, and we thought we'd have to do the K3 visa. O Agust 23rd we called USCIS and explained the situation to them. They asked me why I was leaving, and I told them - they told me to stay. They told me what to do in order to stay.

At that point we called around to see when we could get a medical appointment - the earliest was Septemner 6th. We called USCIS back and said "we can't get a medical until September 6th - can we submit the rest of the forms and the medical later?" they said "nope, do submit the all at the same time." I mentioned that if we did that, I'd e in overstay.

They woman on the USCIS line said "Not to worry - overstay is only VERY serious if you stay for longer than 180 days past your VWP expiry - don't panic". So we didn't. On September 26th, having received the medical and results in the post, we submitted the forms.

If that isn't good enough for you, I don't care. I was protecting my little family, and Ben was protecting his wife. I'm a decent, honest, hardworking type of person, believe me, and one to make sure everything is in order before embarking on any kind of venture. I'm sorry you felt that making a judgement on my entire immigration situation based upon a few cheeky little comments was appropriate.

Edited April 2, 2006 by JayJay

[scy 0]

I fully understand the point she was making. And I personally think that people like her who flout immigration laws make things worse for others who had legitimate reasons to overstay. The House passed a bill that criminalizes illegal stay. This would make adjustment impossible for anyone who overstayed. They did this because far too many people think immigration law is trivial and continually violate it when they had no compelling reasons to do so.

My God, you really are an extremely offensive person. If you think I "flouted immigration laws", you're completely wrong. We felt, after the London bombings, that it was unwise to return to London, and actually called USCIS to find out if we had the option to adjust from here. Which we did, because it IS legal - and there are guidelines for USCIS to follow.

Quite honestly, you're no expert on the subject are you - and secondly, I have to congratulate you because you've succeeded in doing what most others can't - completely and utterly offending me, and others who had legitimate reasons for doing it the way we did. Good for you. That was unbelievably uncalled for. I don't really think I need to write any more, as actually, people who know me know exactly what I did, and others, and know there was nothing illegal or "flouting" about it.

If you don't believe me, call USCIS, as see what they have to say on the subject. I personally think that THEIR opinion counted at the time, over anyone's who felt that we should be risking it back to London in the previous political climate.

I was not criticizing your VWP adjustment. I criticized your decision to overstay by 30 days because you could not get a medical done. You did not flout immigration law when you adjusted from VWP. You flouted the law when you remained illegally inside the US for no compelling reason, i.e., you could have had a medical done immediately after the London bombings occur, but you choose to overstay instead. If I have offended you, feel free to put me in your ignore list. Don't take things too personally however.

[ChristinaM 0]

In certain parts of the country, it's not that easy to get a medical done! I'm in Maine, and the closest time appointment was 6 weeks out - which we weren't prepared to wait. New Hampshire was even longer, so we drove down to Massachussetts to get my medical done in a more timely manner (which was still a good ten days out). Not everybody has the option to do that - some don't drive, for others, taking the time off work for the USC is not feasible and the SO's English is not that good, or the cost of travelling on top of the medical is not practical.

There's a wide spectrum of reasons for most things going on in immigration-land, unfortunately not everything is as nice and clean as you (or I!) would like, scy.

Edited April 2, 2006 by clmarsh

[scy 0]

In certain parts of the country, it's not that easy to get a medical done! I'm in Maine, and the closest time appointment was 6 weeks out - which we weren't prepared to wait. New Hamshire was even longer, so we drove down to Massachussetts to get my medical done in a more timely manner (which was still a good ten days out). Not everybody has the option to do that - some don't drive, for others, taking the time off work for the USC is not feasible and the SO's English is not that good, or the cost of travelling on top of the medical is not practical.

There's a wide spectrum of reasons for most things going on in immigration-land, unfortunately not everything is as nice and clean as you (or I!) would like, scy.

I agree. That is why it's good to learn about immigration law and plan ahead. The law unfortunately is not flexible enough to anticipate every possible situation for overstay.

[ChristinaM 0]

And all we can do is to play with the law as it stands - which is, until the bill you mentioned passes, that overstays of less than 180 days are not that big a deal in the overall scheme of things and one can still adjust with any length of O/S. When the law changes (if it does), I think things will be much more clear-cut.

[JayJay 4]

Scy, I hope I didn't upset you - I didn't mean to!

I'm just rather frazzled right now, having lived with a narcissistic family member for the last few months and attempting to prevent insanity in myself and my hubby.... Waaah! You're an alright dude - peace?

[scy 0]

Scy, I hope I didn't upset you - I didn't mean to!

I'm just rather frazzled right now, having lived with a narcissistic family member for the last few months and attempting to prevent insanity in myself and my hubby.... Waaah! You're an alright dude - peace?

I wasn't upset. Peace.