Out of Status

[Juanitajuanes 0]

Hi.

I have recently married my fiancee who came to the US on the K1 visa. He is currently out of status and we are waiting to apply for AOS we just simply have not found a way to pay for it. some family things have come into the picture that have not allowed us to save the money we had originally intended to save for this.

We are hoping to be able to file by the end ofthe month. Is he illegal? what could happen to him if he was for example pulled over? we are married. We just haven't been able to file yet!

Also, can you file for the EAD without filing for the AOS package in full? or is that just a ridiculous question?

Thanks for your help! just a little worried!

Liberty

[milimelo 4,220]

Moving to AOS from Family based visa as your husband came on K-1 visa.

Sorry, you can't get EAD now until you apply for AOS.

[Brother Hesekiel 2,235]

While there are some compelling reasons to file for AOS as soon as possible, definitely before the I-94 expires (one of them being the ability to work), the US Government does not really spell out WHEN exactly the AOS has to be filed. Thus, you don't have to worry about being "late" too much. There's no penalty and no extra cost in filing late.

One obstacle you MAY face, is that they CAN require you to file an I-130 when doing the AOS thing, which is not a big deal, really.

What really matters, is that the former K-1 entrant got married to the petitioning spouse within the allowed 90-day time frame. As you did that, you can take a deep breath and take it easy.

[VanessaTony 3,567]

Your husband entered the country legally therefore he cannot be "illegal". He is simply "out of status".

If he was to be pulled over and questioned (which is rare unless you're in Arizona or texas or another border town) the risk is that he COULD be taken to a detention centre to await being put in front of an immigration judge. Once he saw the judge the judge would see the K1 and basically throw the case out and tell you to apply for AOS. You might have to pay legal fees, and you might have to pay bail to get him out (if it's a long wait to see a judge) but this is all worst case scenario.

i was living in Houston from Sept to April. My status expired in Dec but like you things happened that required the AOS funds go elsewhere (plus by the time we were about to move we decided to wait anyway because moving during the process is risky). I was never questioned or pulled over. I did stay in the house a lot and i didn't enjoy being out of status and "feeling" illegal even though I knew I wasn't.

Get AOS done ASAP. it'll help your peace of mind.

Edited November 2, 2010 by Vanessa&Tony

[TBoneTX 43,133]

Follow Vanessa's advice. Above all, remember that CBP agents have NO sense of humor.

[JimVaPhuong 4,863]

Hi.

I have recently married my fiancee who came to the US on the K1 visa. He is currently out of status and we are waiting to apply for AOS we just simply have not found a way to pay for it. some family things have come into the picture that have not allowed us to save the money we had originally intended to save for this.

We are hoping to be able to file by the end ofthe month. Is he illegal? what could happen to him if he was for example pulled over? we are married. We just haven't been able to file yet!

Also, can you file for the EAD without filing for the AOS package in full? or is that just a ridiculous question?

Thanks for your help! just a little worried!

Liberty

Your profile says you're in Tuscon. Assuming this is true, you should be scrupulously careful not to go anywhere where there might be an immigration checkpoint. CBP's policy is not to try to deport someone who appears to be eligible to apply for AOS, but that doesn't mean they won't detain him (possibly for days) while they check out his story.

In case you're wondering, the current district court stay on SB-1070 doesn't affect the CBP or ICE at all. They can and do demand proof of legal presence at immigration checkpoints. Find a way to file the AOS as soon as humanly possible. He'll be lawfully present when you receive the NOA1.

A K1 can file an EAD during the 90 days that the I-94 is valid, but the card issued will expire when the I-94 expires. They can't file again until they file for AOS. In short, the answer to your question is no - your husband can't file an EAD now without also filing the AOS.

[K and L 27]

If he was to be pulled over and questioned (which is rare unless you're in Arizona or texas or another border town) the risk is that he COULD be taken to a detention centre to await being put in front of an immigration judge.

The OP is in Tucson, AZ (which is less than 60 miles from the border) and there are random stops on the highways and interstates in that part of AZ, though I personally have never been stopped by one of them in the greater Tucson area (where I live a third of the year). The situation is not as bad as it would be in Phoenix (where the county sheriffs have been deputized by CIE), however it is not a place where I would want to be out of status for a long time. As well, their offices are very, very, very backlogged, even for FBAOS.

In all honesty, Liberty, if you can swing a loan for the AOS, you might want to consider it. The AOS fees are going up on 23 November, from $1010 to $1065. I-765 transcription costs $75, if you choose to do it (PM me if you want the name of the guy that did L's, as he POE'd during my time in AZ and had it done there). (Unrelated, if you haven't gotten his SSN yet, call the Tucson SSA office and make an appointment - L and I were there for three hours to get his, waiting in a looooooong busy line.)

[VanessaTony 3,567]

I-765 transcription costs $75, if you choose to do it

Actually there's no transcription for the I-765 (which is the Employment document) so I think you mean the I-693, which is the medical form.

[Rebecca Jo 1,962]

Actually, a K1 entrant whose I94 has expired is not "Legally Present" until the I-485 has been adjudicated and the I-551 issued.

Any alien whose I-94 has expired but has a I-485 pending is protected from removal until a decision has been rendered on that petition. But that's not quite the same as legal presence.

[K and L 27]

Actually there's no transcription for the I-765 (which is the Employment document) so I think you mean the I-693, which is the medical form.

Derp, that's what I meant. And the fees in Tucson ranged from $75-150 when I was calling around, for immigrants adjusting status with completed vaccinations/medicals. Greedy asshats D:

[JimVaPhuong 4,863]

Actually, a K1 entrant whose I94 has expired is not "Legally Present" until the I-485 has been adjudicated and the I-551 issued.

Any alien whose I-94 has expired but has a I-485 pending is protected from removal until a decision has been rendered on that petition. But that's not quite the same as legal presence.

I think you're mixing up the terminology. USCIS uses the term "lawful presence" to denote someone who currently has permission from the US government be in the United States. Someone whose AOS is pending is granted a "period of authorized stay", which means they are lawfully present. What they lack is "lawful status" - their non-immigrant status has expired and their immigrant status hasn't been granted yet. The AOS petition acceptance doesn't reinstate their non-immigrant status, but it does establish a period of lawful presence. This was all explained in the Thomas Cook memorandum of April, 2003.

As you say, the net effect is that it prevents them from removal until a decision is made on the AOS petition, but they are not unlawfully present during that time.

[chaice 0]

Your profile says you're in Tuscon. Assuming this is true, you should be scrupulously careful not to go anywhere where there might be an immigration checkpoint. CBP's policy is not to try to deport someone who appears to be eligible to apply for AOS, but that doesn't mean they won't detain him (possibly for days) while they check out his story.

In case you're wondering, the current district court stay on SB-1070 doesn't affect the CBP or ICE at all. They can and do demand proof of legal presence at immigration checkpoints. Find a way to file the AOS as soon as humanly possible. He'll be lawfully present when you receive the NOA1.

A K1 can file an EAD during the 90 days that the I-94 is valid, but the card issued will expire when the I-94 expires. They can't file again until they file for AOS. In short, the answer to your question is no - your husband can't file an EAD now without also filing the AOS.

Hi' mind me to join in this conversation... hehe' I'm from Tucson too' had my AOS Pending and just had my biometrics. And now, I have a question that keeps bothering me too since next week we'll be going to another state by plane. I just wonder what documents should i bring to prove my status here.

[TBoneTX 43,133]

we'll be going to another state by plane. I just wonder what documents should i bring to prove my status here.

Read this thread (in this same forum!): http://www.visajourney.com/forums/topic/280900-us-domestic-air-travel-after-180-days-aos-sent/

[Juanitajuanes 0]

Thank you so so much for all of your amazingly helpful answers. We are now getting all of the paperwork together. And the funds will be saved in the next week or so. I feel so much better.

I am confused about the Medical info he needs. I have been out of this loop for a while so I'm starting to forget names of documents (I know it's all available here) so within the checklist they provide here, there is listed I-693. ...

Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Only if your DS-3025 is marked "incomplete" is a I-693 required to be completed. If it is marked as such (incomplete) you are required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.

We have his vaccination history. is he supposed to have this document? everything was taken at his POE in the envelope he had from the embassy.

Another Question:

We have moved states since the K1. if we file the AOS at the appropriate center since the move (now nebraska not california if I'm not mistaken....we are now in Denver and not Tucson) will that cause complications and questions? it is a recent move because of employment. any experience with this?

I'm super confused about the medical documents. the other stuff is straightforward and comprehensible. Thank you so much I Don't know what I'd do without this site.

Happy Holidays everyone!

[Kathryn41 3,205]

If he had the medical done less than a year ago and entered on a K-1, then the medical should have been in the package he turned over at his POE. All that he needs is the I-693 Vaccination page done verifying he has all of the necessary vaccinations. You would make an appointment with a local Civil Surgeon to transfer the information on to the correct form. Some Civil Surgeons will try to tell you he needs to redo the whole medical. If the medical is less than a year old, he does NOT have to re do it and only needs the listed parts of the I-693 completed. USCIS already has the rest.

Sometimes, however, the original medical seems to get separated from the package at the POE, and in those cases USCIS sends out an RFE for the whole I-693. Unfortunately, if that happens, you do need to redo the whole medical, not just the vaccination part of it, even though USCIS is the one who has lost the document. Hopefully, this will not happen to you.

File with the address where you are living now. They will match up the AOS application with the rest of his file through the A# which should list where the rest of the file currently is.