Riff on Legal Presence for K1s

[John & Annie 0]

I contacted ICE, CBP, and Department of Justice.

The likelihood of the local law understanding immigration law is minimal.

Annie carried a copy of the visa and a copy of the marriage cert with her.

This way she could prove legal entry and cause to remain. Once we received the NOA for AOS, she carried a copy of that.

The most important thing is that they look for nervous reactions, you have to realize that you are here legally and that you have the documents to prove it.

[Gaby&Talbert 1]

I just hate that anyone has to worry about it at all. I guess the solution is implant a microchip in everyone then there wont be any question for anyone. This would apply to USC as well as anyone else that wants to enter the US.

Lets build a fence across all our borders, Move all our military bases to border and coastal states, deploy all spare troops to patrol our borders, and put up roadblocks to inject microchips. Eliminate all cash transactions and have you money and credit linked to your microchip. In a short time all immigration problems are solved.

Also lets make sure that only people allowed to get visas for immigration contribute to our economy in the best way. The groups that are against any type of amnesty are also for reducing all family based immigration and adjusting the numbers of visas to immigrants that will have the higher paying jobs and pay more taxes.

[kitkat1 5]

What is with your constant overreaction?

If you want to start a thread in off-topic, so be it.

But this thread is a question about what documentation a K1 visa holder should carry in the event he needs to prove his legal status. Any number of situations could occur where this might be necessary so can you just stick to the question at hand and allow the helpful and knowledgable people here to provide legitimate answers?

Sheesh

[TracyTN 237]

I just hate that anyone has to worry about it at all. I guess the solution is implant a microchip in everyone then there wont be any question for anyone. This would apply to USC as well as anyone else that wants to enter the US.

Lets build a fence across all our borders, Move all our military bases to border and coastal states, deploy all spare troops to patrol our borders, and put up roadblocks to inject microchips. Eliminate all cash transactions and have you money and credit linked to your microchip. In a short time all immigration problems are solved.

Must we overreact?

There have been several good suggestions here of what to do. The OP's husband would not be deported on the spot or anything drastic like that - ICE would be able to verify his immigration status (IF the copies of the documents he provided were not sufficient to local officials).

I can understand the OP's hubby's his reticence, given the 'way of things' locally, but he is here legally and he can prove it. I hate that he has to worry about it, too (heck, ALL of our SO's do, regardless of their home country), but the bottom line is that he has nothing to hide and has the legal right to be here.

Microchip or no...

[GabachaYucateca 0]

Yes, there have been good suggestions here! I do think that it's best to not carry around a SS card. He doesn't even have it yet because they keep saying that it's been sent out yet we haven't seen it. Nor has it passed through the hands of the poor postal carrier I pounced on the other day.

But he does have a ss#, and when we go back to the office to have them reissue a card, I will make sure that we get the # and program it into his cell phone.

[rooster 1]

What is with your constant overreaction?

If you want to start a thread in off-topic, so be it.

But this thread is a question about what documentation a K1 visa holder should carry in the event he needs to prove his legal status. Any number of situations could occur where this might be necessary so can you just stick to the question at hand and allow the helpful and knowledgable people here to provide legitimate answers?

Sheesh

I agree kitkat. He should carry his political diatribe over to OT. People are in this section to ask specific questions concerning visas. Not political, protesting BS.

[athena_ny 1]

Not to mention, my husband was out of status, obviously Hispanic in a highly Hispanic area where raids *occasionally* take place, and he was never ever questioned - in all of 5 years.

The chance of ICE coming and taking anyone away are highly unlikely, especially if they aren't doing anything wrong in the first place (legally here on K1, not murdering anyone...). ICE generally only comes after you've broken some other kind of law, and I've never heard of them (especially in this day and age - they dont even show up at rallies for the illegal immigrants) knocking on doors and deporting people. Take the proper precautions in case you do get questioned...but I wouldn't spend all day stressing and overreacting about it.

[GabachaYucateca 0]

I gotcha, meowmix. The chances of a problem are quite slim, I know, but he's all nervous, and I wanted to arm him with enough to be less paranoid.

Things are changing around here in Rhode Island....the state police are pulling people over all the time. I know of several people who have been taken into custody in the past few months. Before they'd have to call ICE and they'd take them in for processing, but now the staties don't have to wait for ICE to arrive...they can take them down to the local office themselves. There have also been several instances of enforcement visiting Latino neighborhoods and asking for papers right outside the grocery store. A student of mine was also in a laundromat when they came in to ask for papers. So in the past year or so, I've seen the climate change quite drastically. State and local police are more likely to stop someone and then if they can't provide paperwork, they used to call in ICE, but now they are taking care of it themselves. And the instances I've heard involve very minor infractions that I've probably committed myself, but I imagine that there's a good deal of profiling going on.

I really don't think I'm overreacting. This seems a vaild question to me, and I simply wanted to know about proper precautions...I'm not sure it came through that I'm overreacting. Plus, I have a husband who is nervous about being here...he's never been to the US before and all he hears back home is stories about what immigrants go through in the US.

[TracyTN 237]

I don't think you're overreacting, Gabacha. I would also want him to have whatever documentation he can have on him as well (to satisfy any overly zealous state policemen). Also make sure he knows that the staties cannot deport him - that is not under their jurisdiction. I'm sure that won't ease all his worries, as the staties can still be freaking nosy and annoying - but maybe knowing that they do NOT have the final say would make him feel a little better, too.

[GabachaYucateca 0]

Yeah, and knowing what a mouthy USC he has a a wife calms him down a bit. I REALLY won't put up with sh&t from authorities, especially when I know that they have no valid reason for doing anything.

I do need to sit down and research what people's right are...not only for my husband but also because I'm just very interested in being informed about these things.

From what I understand, authorities currently do not have the right to ask for someone's documents proving legal status unless they have a reasonable suspicion that they will not be able to produce those documents. And that the DOJ is looking to change this so that they can ask for status documentation from anyone at any point. Now what mystifies me about this, is what constitutes a reasonable suspicion? Wouldn't they being profiling?

[Caladan 19]

To calm him down, let him know that he can't actually be deported by accident, even if he doesn't have anything on him. He can carry his K-1, AOS notice, and marriage certificate with him, though I doubt in all honesty whether your average law enforcement type would know a K-1 if it came up and bit him on the patootie. The marriage certificate at least would show that he's married, which at least might make them stop and think about things like legally getting a marriage license.

Other than that, how big is your town? Where I grew up, if I were worried about this, I'd just go into the police station and introduce him. If that's a possibility for you, that might help him know that at least the local cops are on his side.

[TracyTN 237]

Yeah, and knowing what a mouthy USC he has a a wife calms him down a bit. I REALLY won't put up with sh&t from authorities, especially when I know that they have no valid reason for doing anything.

I do need to sit down and research what people's right are...not only for my husband but also because I'm just very interested in being informed about these things.

From what I understand, authorities currently do not have the right to ask for someone's documents proving legal status unless they have a reasonable suspicion that they will not be able to produce those documents. And that the DOJ is looking to change this so that they can ask for status documentation from anyone at any point. Now what mystifies me about this, is what constitutes a reasonable suspicion? Wouldn't they being profiling?

That too!

I believe that varies a bit from state to state - but I would definitely do some reading if I were you (I like to know these things too) or ask an attorney.

Luckily my best friend is an asst district attorney in our county.

[athena_ny 1]

I gotcha, meowmix. The chances of a problem are quite slim, I know, but he's all nervous, and I wanted to arm him with enough to be less paranoid.

Things are changing around here in Rhode Island....the state police are pulling people over all the time. I know of several people who have been taken into custody in the past few months. Before they'd have to call ICE and they'd take them in for processing, but now the staties don't have to wait for ICE to arrive...they can take them down to the local office themselves. There have also been several instances of enforcement visiting Latino neighborhoods and asking for papers right outside the grocery store. A student of mine was also in a laundromat when they came in to ask for papers. So in the past year or so, I've seen the climate change quite drastically. State and local police are more likely to stop someone and then if they can't provide paperwork, they used to call in ICE, but now they are taking care of it themselves. And the instances I've heard involve very minor infractions that I've probably committed myself, but I imagine that there's a good deal of profiling going on.

I really don't think I'm overreacting. This seems a vaild question to me, and I simply wanted to know about proper precautions...I'm not sure it came through that I'm overreacting. Plus, I have a husband who is nervous about being here...he's never been to the US before and all he hears back home is stories about what immigrants go through in the US.

You aren't...I was referring to the person who was saying something about fences and microchips...

Things apparently are not changing here in Florida, then. They raided a Mexican store months ago...but other than that, haven't heard anything. And I know a family who has been here 15 years...the boys have never been asked for their papers, and like I said - my husband never has either. Even now that he has them

[GabachaYucateca 0]

You know, the more I read your kind replies, the more I think the issue is his deep-seated fear and distrust of authority figures. Getting stopped at two Border Patrol roadblocks when we first got here just about did him in, even though he knew that there'd be no issue. I think he realizes that he can't be deported, but getting questioned terrifies him...he was shaking so hard at his K1 interview that he almost couldn't sign the consent form!

I think we'll have to work on this....

Sorry for that, meowmix...I should have known that you were talking about the weird Big Brother scenario!

Edited August 15, 2007 by GabachaYucateca

[misa 2]

There have also been several instances of enforcement visiting Latino neighborhoods and asking for papers right outside the grocery store.

Do you mean ICE or local authorities? I didn't think that local authorities were even allowed to ask about legal presence unless they (as an example) pull you over for a traffic violation or something.