Just curious KimandRuss..

[ChristophandEvan 0]

when my husband and i went to ElPaso,Texas i was out of status for 3 days but the border patrol just scanned my passport and asked my husband if i am on K1 visa,my husband told him that were already married...they are familiar with the type of visas...that's why im curious now..

Edited December 17, 2008 by ChristophandEvan

[tmma 467]

Charles, "money problems" isn't really a good excuse for allowing your foreign-born spouse to be out of status. Persons legally admitted on a K1 but who have not filed for adjustment prior to the expiration of their I94 are, legally, without status. Once adjustment has been filed, they are STILL without a defined status within the code. The pending application, however, does offer them some legal protections.

Over and over again on VJ we read the standard advice that waiting to file is no big deal. This is poor advice and poor advice indeed.

Money problems are not a good excuse?

If you can't afford it, you can't afford it. Plain and simple.

............

No, what's plain and simple is the Govt's right to enforce their guidelines. You told the Govt when you petitioned that you would make sure you were and are financially prepared.

It's your responsibility as the sponsor to ensure your spouse does not become a public burden financially.

She already IS one, she is in prison paid for by Uncle Sam- thanks partly to you.

As for the short sighted advise from K&R-nothing to say except that openly stating that it's "OK to be late filing" is bad advice for people to follow. I too was suprised to read this.

[Jenn! 918]

I haven't read every post in this sequence of topics, but I just want to add that I had never encountered a case here on VJ where there were negative consequences for filing the I-485 along with the I-130 after the expiration of the I-94. That's not to say that we should be suggesting that doing so is "ok", especially in light of this information.

Someone should tell this guy! http://www.visajourney.com/forums/index.php?showtopic=167690

[KimandRuss 0]

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

Once again.. not once did I suggest it was recommended to wait. In the thread we are discussing it was suggested that one would be arrested and deported for waiting to file. What I am saying is that is not the case. This situation was quite different and with more issues than just waiting to file for aos.

The post that Jenn has referred you to with someone in a panic because of this makes my point clearly.

[Caladan 19]

I read KimandRuss as making a very narrow point; that if one hasn't filed AOS by the deadline, there is no automatic trigger that leads the alien to be detained or deported, and that if one later files, any out-of-status time accrued is not a bar to adjustment of status based on marriage.

That doesn't mean that the alien isn't out of status, or that something as simple as a traffic stop couldn't lead to serious problems. And it doesn't mean that it's recommended in the least, especially given the potential for the green card to become a bargaining chip/tool of abuse. It means that they're not going to send jackbooted thugs in on day 91; it doesn't mean that the person has a status.

And, it doesn't mean that the person can wait to file AOS until deportation proceedings are under way. Not adjusting is taking chances with your legal status (or the legal status of your spouse.) The process is expensive, and money should never be an excuse any more than it would be for not paying your rent or other bills.

[daboyz 36]

I read KimandRuss as making a very narrow point; that if one hasn't filed AOS by the deadline, there is no automatic trigger that leads the alien to be detained or deported, and that if one later files, any out-of-status time accrued is not a bar to adjustment of status based on marriage.

That doesn't mean that the alien isn't out of status, or that something as simple as a traffic stop couldn't lead to serious problems. And it doesn't mean that it's recommended in the least, especially given the potential for the green card to become a bargaining chip/tool of abuse. It means that they're not going to send jackbooted thugs in on day 91; it doesn't mean that the person has a status.

And, it doesn't mean that the person can wait to file AOS until deportation proceedings are under way. Not adjusting is taking chances with your legal status (or the legal status of your spouse.) The process is expensive, and money should never be an excuse any more than it would be for not paying your rent or other bills.

I agree 100%. It seems nothing should come before the filing fee for AOS. I realize unforseen expenses can arise, but that AOS should be right there at the top of the list with food and shelter. The guy could have sent his kids to public school for free, and used that money to pay for his wife's AOS. Now there's all kinds of lawyer fees on top of the AOS fee. If you don't have the money for AOS, don't bring the beneficiary to the US.

Just my opinion.

[DanielParul 50]

Money problems are not a good excuse?

If you can't afford it, you can't afford it. Plain and simple.

............

Money problems need to be sorted out before you get married.

If you can't afford it, then you don't have a right to get an alien fiance here and marry her and subject her to this uncertainity about her future here.

It seems plain and simple to you because you are not out of status, illegal and in jail right now.

What could have been more important than to make sure that your wife had a legal status in this country?

[daboyz 36]

Money problems are not a good excuse?

If you can't afford it, you can't afford it. Plain and simple.

............

Money problems need to be sorted out before you get married.

If you can't afford it, then you don't have a right to get an alien fiance here and marry her and subject her to this uncertainity about her future here.

It seems plain and simple to you because you are not out of status, illegal and in jail right now.

What could have been more important than to make sure that your wife had a legal status in this country?

[DanielParul 50]

I was trying to give the OP benefit of doubt but this statement is the last straw.

Valsu - You should be in jail right now with her for not fulfilling your promise to the government too. Without you she might not even be in this country.

Everybody else - I am sorry for this but it just pi$$ed me off so much!

[nycgirl 13]

Money problems are not a good excuse?

If you can't afford it, you can't afford it. Plain and simple.

............

Money problems need to be sorted out before you get married.

If you can't afford it, then you don't have a right to get an alien fiance here and marry her and subject her to this uncertainity about her future here.

It seems plain and simple to you because you are not out of status, illegal and in jail right now.

What could have been more important than to make sure that your wife had a legal status in this country?

Private School!!! Of course. Doesn't every child deserve private school before the legal status of their beloved? Somebody seems to think so!

[tmma 467]

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

Once again.. not once did I suggest it was recommended to wait. In the thread we are discussing it was suggested that one would be arrested and deported for waiting to file. What I am saying is that is not the case. This situation was quite different and with more issues than just waiting to file for aos.

The post that Jenn has referred you to with someone in a panic because of this makes my point clearly.

Where is your quote from? I was thinking the USCIS website, but I was not aware that they use anecdotal "newsgroup" findings or pondered that practical side of staying within legal status on their site

IMO anecdotal newsgroup experience should never replace hard lines and time limits/rules clearly posted and set by the Govt.

He should have made his wife's AOS more of a priority and no amount of "newsgroups" or pondering if it was "practical" for him to do so will put that right now.

Edited December 17, 2008 by tmma

[chavelle 6]

I was trying to give the OP benefit of doubt but this statement is the last straw.

Valsu - You should be in jail right now with her for not fulfilling your promise to the government too. Without you she might not even be in this country.

Everybody else - I am sorry for this but it just pi$$ed me off so much!

I feel the same way too!!

[daboyz 36]

I was trying to give the OP benefit of doubt but this statement is the last straw.

Valsu - You should be in jail right now with her for not fulfilling your promise to the government too. Without you she might not even be in this country.

Everybody else - I am sorry for this but it just pi$$ed me off so much!

Once again,

[faryan 4]

I was trying to give the OP benefit of doubt but this statement is the last straw.

Valsu - You should be in jail right now with her for not fulfilling your promise to the government too. Without you she might not even be in this country.

Everybody else - I am sorry for this but it just pi$$ed me off so much!

I feel the same way too!!

Same here!!!

[TheATeam 0]

So how much money are USC's expected to save then? I mean, is $20,000 enough? In the OP's case he obviously had unforseen circumstances, such as losing his job and having to pay for surgery out of his savings. He couldn't know that was going to happen. I think it's harsh to say that if something like that happens and then they can't afford to file for AOS within 90 days that he shouldn't have brought his fiancee over. Things happen every day like that, how was he to know? If those things hadn't happened to him he obviously would've been able to file for AOS right away, but that's not the way it worked out. It could have happened to anyone. It might not be correct but it can happen and there's not much you can do about it. Just my opinion.

Edited December 18, 2008 by TheATeam