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Theboz

Question about immagration laws of past and present

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I have a Roommate who is dating a lady from the Philippines that is illegal, her story to me sounds very fishy. Anyways, we are at odds on what she thinks is corrected and my experience doing my and my wifes K1 visa, which we just got her Green card in the mail today.

She says that when she arrived on her k1 visa, ten years ago and got married and filed the AOS, they were a hour late to the interview appointment and in doing so they were declined and had to resubmit a $700+ payment for a new appointment and at that time they could not afford to get another appointment and she left the guy and got a divorce. Since then she has been in the US illegally, working. She cant even get a drivers license for illegals, as she has a SSN and they recently denied her.

I told her that somebody coming to the US on a K1 and if they get married and it doesn't work out, that person could continue with getting their green card, even though they are no longer with the person that they married. She told me that ten years ago that could not happen. You had to be married for 2 years and if at any time you got a divorce, then you had to return to your country of origin. I say that is not true.

The way I see it, as long as the couple tried to make a good marriage and it does not work out then that person does not have to return to their country if they decided to divorce.

I think she screwed up big time, 10 years ago and something about her story just does not make a lot of sense, from all that I can get from her. I tell her what we have had to do and she has said that everything back then was different then it is now, which I don't think its that different then now. I think she just does not know what she is talking about.

I, on the other hand, have no attention of getting a divorce with my lovely wife and we are proud parents to a 2 month old boy.

So, my question, have the rules change a lot in the past 10 years or so?

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hi

sorry, she's partially right, you're wrong

the purpose of the K1 is to marry and get a GC through the person that filed for you, AKA your fiancé, nothing has changed it has always been like that since it was created

if it doesn't work out and you don't get a GC through your spouse, you have to return to your country or remain illegally in the country

you cannot remarry and adjust status with another USC, overstay is not forgiven and it is on you if you don't return, the K1 visa is very strict on that

the ONLY purpose of a K1 is to enter the country legally, marry and get a GC through you fiancé and later spouse

now what she is talking about is removing conditions. Once you have your 2 year GC, if things don't work out and the marriage was in good faith, a person can divorce and remove conditions to get the 10 year GC

two separate issues, one before you get a GC, there is no other way to get the GC, but through spouse who petitioned the K1

once you get the 2 year GC, if things don't work out, you can divorce and file for removal of conditions on your own to get the 10 year GC, providing evidence that the marriage was in good faith

Edited by aleful

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by the way

congrats on the GC!!!

also, she wasn't paying for a new appointment, you don't pay for the appointment, probably they has to refile the whole adjustment of status packet, maybe minus the i130, who knows

the I485 costs now as you know, $1070, back then it cost a lot less

Edited by aleful

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hi

sorry, she's partially right, you're wrong

the purpose of the K1 is to marry and get a GC through the person that filed for you, AKA your fiancé, nothing has changed it has always been like that since it was created

if it doesn't work out and you don't get a GC through your spouse, you have to return to your country or remain illegally in the country

you cannot remarry and adjust status with another USC, overstay is not forgiven and it is on you if you don't return, the K1 visa is very strict on that

the ONLY purpose of a K1 is to enter the country legally, marry and get a GC through you fiancé and later spouse

now what she is talking about is removing conditions. Once you have your 2 year GC, if things don't work out and the marriage was in good faith, a person can divorce and remove conditions to get the 10 year GC

two separate issues, one before you get a GC, there is no other way to get the GC, but through spouse who petitioned the K1

once you get the 2 year GC, if things don't work out, you can divorce and file for removal of conditions on your own to get the 10 year GC, providing evidence that the marriage was in good faith

I have no problem being wrong, lol. I'm used to it, hehe.

But, it is possible to be divorce before you get a Green card, If you Don't have to have an interview and you are approved before the divorce. We were approved 6 months ago and were told we would not have an interview. But, I would say that would be very rare that someone would get a divorce and not have to have an interview.

Edited by Theboz

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by the way

congrats on the GC!!!

also, she wasn't paying for a new appointment, you don't pay for the appointment, probably they has to refile the whole adjustment of status packet, maybe minus the i130, who knows

the I485 costs now as you know, $1070, back then it cost a lot less

Thank you. Glad we got it finally. My wife travelled back to Malaysia to have our first child and I was a tad worried that something would go wrong while she was over there. I went over and we had to get emergency passport for our baby, as the passport agency was having issues , at least it was free and we made it back to the US with no other issues.

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*** Thread moved from K-1 Process forum to the General Immigration Discussion forum. ***


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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why not?

Not sure why,

They went to the local DMV and gave them all the paperwork they needed and as soon as she showed the them that she had a SSN, they told her that would not qualify for a license under the Driver license for illegal immigrants, as she has a SSN. They said she came here legally, and has overstayed her Visa, she is not considered a Illegal immigrant.

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Many illegals entered legally and at one time they gave out SSN's without any need for legal status, but then it is the DMV.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I don't get the US immigration system at all. So your friend was able to get a SSN even though she was here illegally? As an illegal alien, she would have also been able to get a driver's license? Not passing judgement here, just trying to understand... Your friend is breaking US law by being in the US without status but she can still get a SSN, driver's license and pay taxes without any of those authorities raising a flag to immigrations? :huh:

Aleful is right about the K-1/CR-1 visa. When you enter on the K-1 visa, you have to marry the petitioner within the 90 days or go home, you can't change and marry someone else. Sounds very strange that they would force them to re-do the whole process though, just because they were ten minutes late to the interview...

Congrats on your wife's GC. :)


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Many illegals entered legally and at one time they gave out SSN's without any need for legal status, but then it is the DMV.

In Colorado and California illegals can get DLs, IRS just wants the money.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I don't get the US immigration system at all.

1. So your friend was able to get a SSN even though she was here illegally?

2. As an illegal alien, she would have also been able to get a driver's license?

3. Not passing judgement here, just trying to understand...

4. Your friend is breaking US law by being in the US without status but she can still get a SSN, driver's license and pay taxes without any of those authorities raising a flag to immigrations? :huh:

5. Aleful is right about the K-1/CR-1 visa. When you enter on the K-1 visa, you have to marry the petitioner within the 90 days or go home, you can't change and marry someone else. Sounds very strange that they would force them to re-do the whole process though, just because they were ten minutes late to the interview...

Congrats on your wife's GC. :)

1. SSN available to K-1 visa holders 10 years ago, during the 90 day I-94 validity.

2. she not meet the lack of documentation requirements for an illegal alien at the DMV, which are probably:

__a. no record of inspection at the border (She already had that, entering legally)

__b. No SSN (she got one as a K-1 visa holder)

so this new wave of stuff available to illegal aliens doesn't apply to her, sorry.

3. It's ok, these things are hard to wrap one's head around, when state law trumps federal law. DMV stuff is state law, not Federal, but they do use the Federal system to check on a human's status.

4. IRS is very lax on sharing data with ICE, sorry. The lass got a SSN legally. The driver's license is tough to get, even as a legal alien resident with status. She's been working illegally without status, but gaming the system and knowing full well that the IRS rarely gives over data to ICE.

5. There's a small speck of caselaw about this exact situation, covering the small exact grouping where:

__a. married within 90 days and

__b. filed for AOS but

__c. AOS was not granted then

__d. Beneficiary divorced the Petitioner then

__e. Beneficiary married another USCitizen then

__f. A greencard was granted when a joint AOS set was filed (I-130+I-485)

but it's rare to read about it here at VJ. Sorry.

back at the OP - K-1 AOS stuff hasn't changed over the 10 years, but RoC has changed during that span. Does the friend have a snowball's chance in July to get it done? MAYBE. Depends on too many things, suggest instead that your friend engage with an Immigration Attorney that specializes in overstays. It's a rare case your friend has, but it is not unknown.

and to anyone else reading this - please do not misunderstand that I think it's ok, or 'right' - I tire of reading about folk from the PI mis-using their visas here (and that's ok - it's the overstays that have screwed the tourist visa business for PI folk, so it balances out)


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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