Where do I begin?

[TracyTN 237]

Shouldn't be a problem. The requirement is that you MARRY by day 90, which you will be doing.

Your status is derived from your I 94 once you land, and after that, by your pending AOS application. Sounds like you may have a handful of days where your I 94 has expired and your AOS forms have yet to be sent in, but that's nothing to sweat about.

[Matt&Kaci 3]

Shouldn't be a problem. The requirement is that you MARRY by day 90, which you will be doing.

Your status is derived from your I 94 once you land, and after that, by your pending AOS application. Sounds like you may have a handful of days where your I 94 has expired and your AOS forms have yet to be sent in, but that's nothing to sweat about.

Thanks for the responce and the information.

[Mandy P 3]

Then there's probably more to the story than you're telling us, or there's more that your ex-husband's cousin is not telling you. Once an AOS petition has been accepted by USCIS then the applicant is given temporary legal status while the petition is adjudicated. If what you are saying is accurate, then USCIS probably never accepted the AOS petition. One possible scenario that would explain what you describe is if the cousin received a notice to show up for a deportation hearing and he responded by sending an AOS petition and skipped the deportation hearing. As pushbrk said, things change dramatically once removal proceedings have been started.

When you're applying to become a permanent resident you are asking the US government to change your classification from one status to another. The general requirement is that the status you're changing from must be "non-immigrant", i.e., entered as a non-immigrant and maintained that status legally. The law generally does not allow you to adjust from "out of status" to "permanent resident". However, there is an exception in the law for an immediate relative of a US citizen. There ARE no exceptions to adjust from "entry without inspection" or "pending removal".

Somehow I just KNEW that you and that other dude would know so much more about it than I, the person involved and who sat in the court during his proceedings did. Must be nice to really believe that you know everything all the time. But I've got news for you....

[pushbrk 12,114]

Somehow I just KNEW that you and that other dude would know so much more about it than I, the person involved and who sat in the court during his proceedings did. Must be nice to really believe that you know everything all the time. But I've got news for you....

When people have little understanding of the actual procedures, they often tend to misinterpret the meaning of events. You are repeating your understanding derived from another observer who apparently had a limited understanding of the actual circumstances and how the law was applied to those circumstance.

When it quacks and smells like a duck, it's probably a duck but when people are unfamiliar with how ducks quack and smell, they may well think they hear and smell a swan. You smell a swan. I smell a duck. If you knew more about ducks, you'd smell one too.

[SuperDuper! 230]

OP. listen to pusbrk, he is never wrong.

[JimVaPhuong 4,863]

Somehow I just KNEW that you and that other dude would know so much more about it than I, the person involved and who sat in the court during his proceedings did. Must be nice to really believe that you know everything all the time. But I've got news for you....

My last divorce took nearly six years. During that time, I went to court many many times, and sat through more divorce hearings than I can possibly remember. Know what I learned about divorce law from all that time spent in the courtroom? Absolutely nothing. Even so, after the first few times I thought I had a pretty good grasp of why the judge was making the decisions he was making. After I actually read the state family code I realized I was wrong about many things. Actually being there and witnessing the events in the courtroom, you'll definitely know what you see and hear, but that doesn't necessarily mean you'll understand why.

So, here is the news I've got for you...

What you know, or think you know, as a casual observer may not be the whole picture. I don't question your accounting of the events, since you witnessed them yourself. I'm saying your understanding of why the events happened is probably not accurate because it conflicts with the law. Everything probably happened just as you say it happened, with the important exception that he was probably not actually in the process of adjusting status. If USCIS had actually accepted his AOS petition for adjudication, and presuming he wasn't in trouble for some other immigration violation, ICE would not have come to his house and hauled him away. I will concede that it's possible that ICE and USCIS got their wires crossed, but it's very very unlikely they would have held him for 10 months in that case. A few days in jail at the most before they got it straightened out.

ICE obviously had a reason for picking him up and holding him for 10 months. If he had temporary status from a pending AOS petition, then this wouldn't have happened. There has to be more to this story...

[Boiler 43,438]

http://news.bbc.co.uk/sport2/hi/football/world_cup_2010/8757085.stm

Be kind, he has had a bad day.

[Mandy P 3]

My last divorce took nearly six years. During that time, I went to court many many times, and sat through more divorce hearings than I can possibly remember. Know what I learned about divorce law from all that time spent in the courtroom? Absolutely nothing. Even so, after the first few times I thought I had a pretty good grasp of why the judge was making the decisions he was making. After I actually read the state family code I realized I was wrong about many things. Actually being there and witnessing the events in the courtroom, you'll definitely know what you see and hear, but that doesn't necessarily mean you'll understand why.

So, here is the news I've got for you...

What you know, or think you know, as a casual observer may not be the whole picture. I don't question your accounting of the events, since you witnessed them yourself. I'm saying your understanding of why the events happened is probably not accurate because it conflicts with the law. Everything probably happened just as you say it happened, with the important exception that he was probably not actually in the process of adjusting status. If USCIS had actually accepted his AOS petition for adjudication, and presuming he wasn't in trouble for some other immigration violation, ICE would not have come to his house and hauled him away. I will concede that it's possible that ICE and USCIS got their wires crossed, but it's very very unlikely they would have held him for 10 months in that case. A few days in jail at the most before they got it straightened out.

ICE obviously had a reason for picking him up and holding him for 10 months. If he had temporary status from a pending AOS petition, then this wouldn't have happened. There has to be more to this story...

Well, there isn't more to the story. Sorry to tell you this but you are just plain wrong. I was there and I was in the court and I know what happened and I'm telling you it CAN and DID happen. There was never any discussion of anything other than his overstaying. This was my FAMILY, not some random person that I heard about. They had filed AOS. I've done the AOS process before with my ex husband. So I know how it works. Probably have more actual experience with it than you do. SO trust me when I say, that you don't know everything and you don't know every person's experiences and you don't know ALL about the law. You are just someone who likes to talk alot and try to make yourself out to be more than you are. I hope that makes you happy because it's all it accomplishes. I feel sorry for anyone who takes you at your word and I hope people are smart enough to seek out real counsel on issues and not listen to people, like you, that try to act like they know more than a judge does about the law. If not, God help them.

[MalaysianGirl 26]

I feel sorry for anyone who takes you at your word and I hope people are smart enough to seek out real counsel on issues and not listen to people, like you, that try to act like they know more than a judge does about the law. If not, God help them.

Hie Mandy P, I'm replying to you because I would like to politely disagree with you about the quoted part of your paragraph. (Hence I am not talking about your debates with JimVaPhuong and the other VJer on here.) I have spoken with JimVaPhuong personally (through PMs) and I think he is wise, experienced, and kind. He is very good with immigration issues though he may not be a lawyer. I am very grateful to Jim for his help, and I do take him at his word Just putting that out!

Sincerely,

*A*

[Mandy P 3]

Hie Mandy P, I'm replying to you because I would like to politely disagree with you about the quoted part of your paragraph. (Hence I am not talking about your debates with JimVaPhuong and the other VJer on here.) I have spoken with JimVaPhuong personally (through PMs) and I think he is wise, experienced, and kind. He is very good with immigration issues though he may not be a lawyer. I am very grateful to Jim for his help, and I do take him at his word Just putting that out!

Sincerely,

*A*

I'm glad you feel he's been helpful. My recent experience with him tells a different story. But I wish you well. Just make sure you get your information from a real source, not someone just saying what they think they know. That's been my point from the start of all this debate. I've never said that he is stupid, just that he is not an authority on immigration and that he has been, through this debate, wrong. Anyone can be wrong. That's also part of my point. Everytime I post on these forums I'm attacked by some know it all who thinks they know everything. I'm sick of VJ altogether. Seriously thinking about deleting my account here, if I can find another site that has some information but less of the know it alls then I will. I just hate to see people here being led in the wrong direction by people who most likely think they are doing good.

[Boiler 43,438]

1. The OP's situation is hardly unusual. There are many people who have gone down that road before.

2. My best guess of the Algerian situation is that there was an outstanding deportation order. A guess and we will never know.

[MalaysianGirl 26]

I'm glad you feel he's been helpful. My recent experience with him tells a different story. But I wish you well. Just make sure you get your information from a real source, not someone just saying what they think they know. That's been my point from the start of all this debate. I've never said that he is stupid, just that he is not an authority on immigration and that he has been, through this debate, wrong. Anyone can be wrong. That's also part of my point. Everytime I post on these forums I'm attacked by some know it all who thinks they know everything. I'm sick of VJ altogether. Seriously thinking about deleting my account here, if I can find another site that has some information but less of the know it alls then I will. I just hate to see people here being led in the wrong direction by people who most likely think they are doing good.

Thanks for your advice! And I'm truly sorry that you've been attacked by other VJers - that must be a horrid experience (or horrid experiences, for you). I hope that you will be able to find some peace on this site. All the best to you, Mandy P!

*A*

[TBoneTX 43,059]

Everytime I post on these forums I'm attacked by some know it all who thinks they know everything.

Every time? Then there must be good reason. Perhaps it's because a Mandy-come-lately is summarily and quite haughtily dismissing, disrespecting, and disregarding two of the most serious students of the immigration process and its details -- two of the most valuable resources on this site -- and, two of the most restrained respondents to the dissing that they have received from you.

I'm sick of VJ altogether. Seriously thinking about deleting my account here

And, on the basis of your contributions in this thread and others, exactly who at this point will beg you to stay, and on behalf of what value to VJ? This is a serious question, posed without rancor. Honestly, if you're this dissatisfied, take your toys and go home, or suck it up and try to learn some things from two of the most valuable contributors to a site that you (say that you) want to find valuable to you.

[Mandy P 3]

Every time? Then there must be good reason. Perhaps it's because a Mandy-come-lately is summarily and quite haughtily dismissing, disrespecting, and disregarding two of the most serious students of the immigration process and its details -- two of the most valuable resources on this site -- and, two of the most restrained respondents to the dissing that they have received from you.And, on the basis of your contributions in this thread and others, exactly who at this point will beg you to stay, and on behalf of what value to VJ? This is a serious question, posed without rancor. Honestly, if you're this dissatisfied, take your toys and go home, or suck it up and try to learn some things from two of the most valuable contributors to a site that you (say that you) want to find valuable to you.

I don't expect anyone to beg me to stay. And it's not just me who gets attacked here... it's a lot of people. I see it all the time and report it often. And yes, when advice is given that is full of error, I disregard it. I was disrespected by those 2 before I ever said anything to them at all. I haven't asked for any advice from those 2, yet I've been subjected to it. All this came from me saying that the OP in this thread should seek professional advice as opposed to getting information on his very serious situation from people on this site. If there has ever been good solid advice given here... it is that.

[Mandy P 3]

1. The OP's situation is hardly unusual. There are many people who have gone down that road before.

2. My best guess of the Algerian situation is that there was an outstanding deportation order. A guess and we will never know.

If #2 is about the situation I was talking about... he isn't Algerian. Just to clarify. No deportation order.