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pk505

"Out of Status"

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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 :)


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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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).

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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.

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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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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. . . 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)


beach_1_001.jpg

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. . . 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 by Vanessa&Tony

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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 by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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