Riff on Legal Presence for K1s

[GabachaYucateca 0]

I understand that K1s are kind of in limbo as far as legal presence goes while their AOS is pending. We've come to terms with the difficulty of getting a DL, state ID, health insurance, etc.

However, my concern is that my husband fits the profile of an illegal alien perfectly and he's sooo worried about being stops by ICE. Will immigration enforcement officials understand the subtle distinction, especially of a Mexican national living in a community with many illegally present Mexican nationals? I'm just concerned because enforcement is on the rise, raids and traffic stops are more frequent, etc.

If we get stopped and asked for documentation, I'm worried that the K1 visa in his passport and a soon-to-be expired I94 may not be sufficient for them to not give us hell.

He's worried to go out by himself because of this.

[Jasman0717 9]

Interesting point. What to do, carry around your passport, marriage certification and AOS NOA?

[Jashley820 0]

I understand that K1s are kind of in limbo as far as legal presence goes while their AOS is pending. We've come to terms with the difficulty of getting a DL, state ID, health insurance, etc.

However, my concern is that my husband fits the profile of an illegal alien perfectly and he's sooo worried about being stops by ICE. Will immigration enforcement officials understand the subtle distinction, especially of a Mexican national living in a community with many illegally present Mexican nationals? I'm just concerned because enforcement is on the rise, raids and traffic stops are more frequent, etc.

If we get stopped and asked for documentation, I'm worried that the K1 visa in his passport and a soon-to-be expired I94 may not be sufficient for them to not give us hell.

He's worried to go out by himself because of this.

I always carry around a copy of my NOA1 for AOS, a copy of my K1 and I-94, and copy of my biographical page of my passport. It's in my wallet at all times just in case I get asked. As long as he has the proper documentation and he is "in status," then he should have nothing to worry about.

I totally can relate though, I am very paranoid about it, particularly because I am still driving on a Canadian license. They wouldn't allow me to get an American one because I don't have a GC or EAD!

[TracyTN 237]

If he were to get stopped, ICE should be able to verify his status relatively quickly. If he has an SSN, it may not hurt to carry around a photocopy of that card as well. Copy of the AOS NOA1 may be a good idea too (if us late July filers ever get one

[kitkat1 5]

M you might find some help here: http://www.visajourney.com/forums/index.ph...c=82015&hl=

[Gaby&Talbert 1]

This isn't fair is it? Because of all the local law enforcement wanting to enforce federal laws not even the legal immigrants feel safe do they?

I worry about my wife very much and my soon to born son. They are legal but just because they look Mexican they may be subject to being harassed by the police or even a federal agent?

Believe me, the first time it happens I will do whatever I can to make sure they are sorry for it. I never had to carry around any ID as a child but I am worried our child will have to carry proof he is an American just in case ICE decides to show up at say preschool and deport everyone who cannot prove they are here legally?

[WifeOHunkyJohn 2]

If he were to get stopped, ICE should be able to verify his status relatively quickly. If he has an SSN, it may not hurt to carry around a photocopy of that card as well. Copy of the AOS NOA1 may be a good idea too (if us late July filers ever get one

I was always told not to do that as identity thieves relish finding a social security card that they can use - all it takes is the person to lose their wallet or get robbed, and the valid social (even a copy) is enough for the thieves to "become" you

I might be wrong but I personally would not recommend it.

[GabachaYucateca 0]

I did read most of that thread, but just read that the last question addressed this same concern. I thought I was breaking new ground, at least for today!

So it seems that the only solution is to go shopping for a man-purse for him to keep all of his documents?

He'll love that one!

[Jashley820 0]

If he were to get stopped, ICE should be able to verify his status relatively quickly. If he has an SSN, it may not hurt to carry around a photocopy of that card as well. Copy of the AOS NOA1 may be a good idea too (if us late July filers ever get one

I was always told not to do that as identity thieves relish finding a social security card that they can use - all it takes is the person to lose their wallet or get robbed, and the valid social (even a copy) is enough for the thieves to "become" you

I might be wrong but I personally would not recommend it.

I never carry my SSN around for that reason...even carrying around a NOA is sketchy because your A # is on it. It's so hard...do you NOT carry it around to protect your identity and risk getting harassed about your status...or do you carry it and risk getting it stolen? Ahh...I am such a worrywort

Edited August 15, 2007 by Jashley820

[Caladan 19]

This isn't fair is it? Because of all the local law enforcement wanting to enforce federal laws not even the legal immigrants feel safe do they?

I worry about my wife very much and my soon to born son. They are legal but just because they look Mexican they may be subject to being harassed by the police or even a federal agent?

Believe me, the first time it happens I will do whatever I can to make sure they are sorry for it. I never had to carry around any ID as a child but I am worried our child will have to carry proof he is an American just in case ICE decides to show up at say preschool and deport everyone who cannot prove they are here legally?

Fortunately, deportation isn't just buying a bus ticket. There's a long legal process (and that's why, people, we want due process) to determine whether a person is out of status, if they need to be deported, and exactly what category they fall into.

That doesn't mean ICE or Sheriff Yokel can't make a mistake, just that there's lots of points in the process to be able to correct a mistake. The red tape is on your side in this one.

C. carries his passport with him in a briefcase when he travels, and if we ever get the NOA1, I'll probably tuck that into his wallet.

[Otto 83]

This isn't fair is it? Because of all the local law enforcement wanting to enforce federal laws not even the legal immigrants feel safe do they?

I worry about my wife very much and my soon to born son. They are legal but just because they look Mexican they may be subject to being harassed by the police or even a federal agent?

Believe me, the first time it happens I will do whatever I can to make sure they are sorry for it. I never had to carry around any ID as a child but I am worried our child will have to carry proof he is an American just in case ICE decides to show up at say preschool and deport everyone who cannot prove they are here legally?

Good thing you're keeping a cool head and not overreacting...

[Gaby&Talbert 1]

This isn't fair is it? Because of all the local law enforcement wanting to enforce federal laws not even the legal immigrants feel safe do they?

I worry about my wife very much and my soon to born son. They are legal but just because they look Mexican they may be subject to being harassed by the police or even a federal agent?

Believe me, the first time it happens I will do whatever I can to make sure they are sorry for it. I never had to carry around any ID as a child but I am worried our child will have to carry proof he is an American just in case ICE decides to show up at say preschool and deport everyone who cannot prove they are here legally?

Fortunately, deportation isn't just buying a bus ticket. There's a long legal process (and that's why, people, we want due process) to determine whether a person is out of status, if they need to be deported, and exactly what category they fall into.

That doesn't mean ICE or Sheriff Yokel can't make a mistake, just that there's lots of points in the process to be able to correct a mistake. The red tape is on your side in this one.

C. carries his passport with him in a briefcase when he travels, and if we ever get the NOA1, I'll probably tuck that into his wallet.

I never said they would be deported only harrassed and possibly detained.

[Caladan 19]

Okay, but I didn't make up the 'preschool and deport everyone who cannot prove they are here legally' line in your post.

[TracyTN 237]

If he were to get stopped, ICE should be able to verify his status relatively quickly. If he has an SSN, it may not hurt to carry around a photocopy of that card as well. Copy of the AOS NOA1 may be a good idea too (if us late July filers ever get one

I was always told not to do that as identity thieves relish finding a social security card that they can use - all it takes is the person to lose their wallet or get robbed, and the valid social (even a copy) is enough for the thieves to "become" you

I might be wrong but I personally would not recommend it.

I never carry my SSN around for that reason...even carrying around a NOA is sketchy because your A # is on it. It's so hard...do you NOT carry it around to protect your identity and risk getting harassed about your status...or do you carry it and risk getting it stolen? Ahh...I am such a worrywort

Well, that is true about the SSN. Perhaps him having the number memorized is good enough (although it would depend on them being able to verify it somehow -- he could just be making it up for all they know)?

Maybe the suggestion of the copy of the K1 and I 94 is the best way to go. Most crooks can't do much with an alien number, can they?

[bszoom42 0]

What about contacting ICE proactively, before going out of status? Just to get their advice.