"Out of Status"

[pk505 1]

Hello everyone,

I came here for K-1 Visa my I-94 was expired on july 10,2011 im out of status now and i always worried coz till now we won't apply for AOS yet.Is any problem if we apply AOS late? Please need your advice thank you in advanced..

[Messybrownhair 251]

As long as you married within 90 days you're fine.. just don't leave the country. Try to file for AOS ASAP just for your peace of mind though

[medasman 0]

you are not out of status but do not leave the usa you married with in 90 days you are ok but file aos soon

[ScottyNAngie 0]

I agree!!

[VanessaTony 3,567]

you are not out of status but do not leave the usa you married with in 90 days you are ok but file aos soon

Actually yes she IS out of status. once her i-94 expired she became out-of-status. Once she applies for AOS she is in a protected status but right now, she's out of status. can't work, drive or leave (if she wishes to return).

[VanessaTony 3,567]

As long as you married within 90 days you're fine.. just don't leave the country. Try to file for AOS ASAP just for your peace of mind though

As long as she married in the 90 days she is eligible to adjust status based on the K1. BUT she isn't "fine". She can still be locked up in immigration jail until she sees a judge who will tell her she needs to file AOS immediately.

[Brother Hesekiel 2,235]

She can still be locked up in immigration jail until she sees a judge who will tell her she needs to file AOS immediately.

. . . or, equally likely, she can be beamed up by a low flying UFO and then being used for medical research of humans.

The chances that either of these cases will happen are close to "the big one" in the State Lottery.

[william_wallace 8]

. . . or, equally likely, she can be beamed up by a low flying UFO and then being used for medical research of humans.

The chances that either of these cases will happen are close to "the big one" in the State Lottery.

Unless she takes a wee trip to Area 51(not a good place for us Aliens)

[VanessaTony 3,567]

. . . or, equally likely, she can be beamed up by a low flying UFO and then being used for medical research of humans.

The chances that either of these cases will happen are close to "the big one" in the State Lottery.

Tell that to the people who have posted about this happening to them. it CAN happen. Lying and saying it can't is exactly that, lying. The truth is they have no proof of status. The truth is ICE officials CAN lock you up for lack of status and make the immigration judge make the call. Just like police officers can choose to arrest/fine you (depending of the severity of the crime of course), ICE officials can choose to stick to the letter of the law (which is sending you to immigration jail for an immigration judge to make the final call) OR they can choose to just give you a warning. Just because you got away with staying illegally for 28 years doesn't mean you should be advising sitting around out-of-status and telling them they'll be "fine".

Post by Jim about it: http://www.visajourney.com/forums/topic/275456-i485-after-marriage/page__view__findpost__p__4200695

Post by person who experienced it: http://www.***removed***/forum/showthread.php?t=87477 and here: http://www.avvo.com/legal-answers/what-will-happen-after-you-are-detained-by-ice-alt-436607.html There's a couple on VJ but I can't find them just yet. Please by all means contact these people and let them know they should buy lottery tickets.

Edited July 17, 2011 by Vanessa&Tony

[TBoneTX 43,019]

Tell that to the people who have posted about this happening to them. it CAN happen. [...]

This entire post by Vanessa deserves to be enshrined in the pantheon of all-time VJ posts. Every word is very rightly said, V-Bone.

I'll add that the Federal government has unlimited time and resources to make our lives miserable, and CBP/ICE agents are not known for being reasonable or having a sense of humor. Furthermore, some VJ members' attitudes are a bit too cavalier about potentially very serious matters.

Edited July 18, 2011 by TBoneTX