Sessions rescinds DACA

[Steeleballz 7,550]

36 minutes ago, Bill & Katya said:

It is a different class as in this case there is no immigration ban incurred.  If one overstays an NIV, they are subject to a lengthy ban and they have no recourse.  If a K1 does not file AOS, yes, technically they are out-of-status, but they in fact have a recourse.  It is different.  Beyond that, I am wondering why this is being debated, is there a large contingent of people that do this?  I am sure there are some as there are stories out there, but I think that dwarfs the numbers of illegals entering illegally or overstaying other NIVs.

 

  I'm not sure either. I was just responding to the question about the legality. Overstaying is not illegal regardless, where as entering without inspection is. 

 

  Technically anyone out of status could have the same recourse as the K1 entrant if they likewise marry a USC. As long as we're debating immigration change, maybe the "immunity" inferred by immediate relative USC's should be a subject that is discussed.

[The Nature Boy 7,659]

not an argument ...A fact

[Ebunoluwa 6,136]

16 hours ago, IDWAF said:

AOS is not a required step.  It can be skipped, and the immigrant can wait two hears and file for ROC.  Technically, they are out of status as you said, but no immigration judge would deport them, and they have broken no laws.  All they did was save some money.

Wrong. AOS must be filed. You can not skip it and then do ROC.....you can't remove conditions if you have none ( AOS=conditional GC) so no ROC
INSTEAD of AOS after 2 years like you suggested.
If your AOS is being dragged on and on and you are married 2 years and then your AOS is approved then you can skip ROC because you will be issued
a 10 year GC. AOS most definitely is a required step !

[Transborderwife 4,666]

On 9/15/2017 at 1:51 PM, IDWAF said:

If you could be more specific about a "something happens" example, I would be glad to discuss this with you.

Say a spouse didn't have money to adjust and the k1 overstay is brought to the attention of authorities 

[Transborderwife 4,666]

On 9/15/2017 at 10:11 AM, jayjayj said:

You are equating a U.S. citizen bringing their spouse to America, with DACA recipients who entered the U.S. illegally?  That is outrageous!  I would love to hear you elaborate on this argument.

You're missing my point entirely.  I'm saying that what if what's being proposed in say the RAISE act was extended to spouses.

 

also overstaying a k1 is no different than overstaying any other non immigrant visa

Edited September 17, 2017 by Transborderwife

[Transborderwife 4,666]

On 9/16/2017 at 2:06 PM, jayjayj said:

I never mentioned anything about "overstaying".  

 

Regardless, there is no comparison, ever, between a U.S. citizen attempting to bring their spouse to the U.S. and DACA recipients.  One is codified by law and the other is an illegal alien who broke the law by entering the U.S. illegally.

Umm not all entered illegally 

[Voice of Reason 10,298]

17 hours ago, Il Mango Dulce said:

And yet the Obama admin set new records in deportation, mostly violent criminals but hey who is counting? Violent offender, daca petioner, overstay  its all the same.

Quite the opposite, in fact.  Deportations dropped drastically after 2012.

[Voice of Reason 10,298]

18 hours ago, Steeleballz said:

 

    Are you sure about that?  If they don't adjust status, what would they be removing conditions from?

Yes, I am sure.  Know 3 couples who did it that way.  Saved the money of the AOS step.  As long as one doesn't need to go back home for two years, it works.

[Steeleballz 7,550]

24 minutes ago, IDWAF said:

Yes, I am sure.  Know 3 couples who did it that way.  Saved the money of the AOS step.  As long as one doesn't need to go back home for two years, it works.

 

   Doesn't seem to correlate with anything I have heard or can find. As I posted previously, you can avoid the ROC istep f you have been married for two years at the time of adjustment, but there is nothing anywhere indicating you can remain in the USA and skip the AOS step. 

 

   I would like to see a link if this is true, because I'd hate for someone to attempt this based on information that may be incorrect.

[Voice of Reason 10,298]

9 hours ago, Il Mango Dulce said:

They should stay away from border states while not breaking the law

They are not breaking the law.  They came here legally.  

[Voice of Reason 10,298]

53 minutes ago, Steeleballz said:

 

   Doesn't seem to correlate with anything I have heard or can find. As I posted previously, you can avoid the ROC istep f you have been married for two years at the time of adjustment, but there is nothing anywhere indicating you can remain in the USA and skip the AOS step. 

 

   I would like to see a link if this is true, because I'd hate for someone to attempt this based on information that may be incorrect.

How can you avoid ROC? AOS can be skipped, but not ROC. ROC takes one from marriage to the 10-year GC. How would a LPR stay in the US without a 10 yr GC that ROC garners them?

[Ebunoluwa 6,136]

AOS can't be skipped. Roc is not necessary if a 10 year permanent geeen card was issued instead of a conditional 2 year green card. A 10 yr is issued when married over 2 yrs. 

Come on now ! This is basic info. Stop giving incorrect information.

[Voice of Reason 10,298]

Sorry, but you are wrong.  AOS CAN be skipped.  One simply doesn't get a 1 yr GC (which AOS would grant one), and can't leave and re-enter.  But 2 years after marriage, ROC is completed and a 10-yr GC is issued.

 

K1s don't get a 10 yr GC after marriage, only a 1-yr, or nothing.  Those are the only options.

Edited September 18, 2017 by IDWAF

[Steeleballz 7,550]

5 minutes ago, IDWAF said:

Sorry, but you are wrong.  AOS CAN be skipped.  One simply doesn't get a 1 yr GC (which AOS would grant one), and can't leave and re-enter.  But 2 years after marriage, ROC is completed and a 10-yr GC is issued.

 

  There has to be a status change to get from non-immigrant to immigrant status. I do not believe you can get a green card from within the USA from a k1 without adjusting status.

 

  AOS grants a conditional green card if the k1 applicant has been married less than 2 years and conditions must be removed at 2 years. If married at least two years at the time of adjustment, then you get a 10 year green card without the need to remove conditions. If a k1 does not adjust status, there would be no green card to remove conditions from.

[Ebunoluwa 6,136]

2 hours ago, IDWAF said:

Yes, I am sure.  Know 3 couples who did it that way.  Saved the money of the AOS step.  As long as one doesn't need to go back home for two years, it works.

You either heard wrong or they too are as confused as you. This is misinformation.