Entered the US on VWP. I-130 was approved. What Are Repercussions For Not Filing I-130 & I-485 Concurrently?

[Crazy Cat 39,615]

2 minutes ago, azblk said:

https://www.avvo.com/legal-answers/i485-filed----can-i-be-deported---1135598.html

Does that mean that every single K-1 fiance is subject to deportation?

[Crazy Cat 39,615]

3 minutes ago, azblk said:

https://www.avvo.com/legal-answers/i485-filed----can-i-be-deported---1135598.html

Did you read this answer from the very same page and question?

 

" You are in what is known as Pending Adjustment of Status or Pending "AOS". This is not an actual immigration status, however it is the written USCIS policy not to refer you to ICE to be placed into removal proceedings unless there is reason to believe that you are potential danger to the community you live in. "

[Jojo92122 1,924]

4 minutes ago, azblk said:

https://www.avvo.com/legal-answers/i485-filed----can-i-be-deported---1135598.html

Wow.  Lets put the fear in people for no good reason.  Feel better?

[azblk 338]

Just now, missileman said:

Does that mean that every single K-1 fiance is subject to deportation?

No K-1's are NOT out of status if they get married within 90 days of entering. I was talking about the OPs status someone that came of esta or other visa and then went out of tatus before filing AOS.

[geowrian 22,336]

Properly filing an I-485 and having it accepted puts you into a period of authorized stay. Authorized stay is not a legal status...it just means they will not pursue any removal actions solely due to being present within the US without a legal status. You can obviously still be deported for other reasons, both before or after filing the I-485.

[azblk 338]

1 minute ago, missileman said:

Did you read this answer from the very same page and question?

 

" You are in what is known as Pending Adjustment of Status or Pending "AOS". This is not an actual immigration status, however it is the written USCIS policy not to refer you to ICE to be placed into removal proceedings unless there is reason to believe that you are potential danger to the community you live in. "

ICE doesnt need a USCIS referral to come after you. It they come across you for instance in a workplace raid or a grey hound and you can prove you have "papers" believe me they will take you.

[Crazy Cat 39,615]

Just now, azblk said:

No K-1's are NOT out of status if they get married within 90 days of entering. I was talking about the OPs status someone that came of esta or other visa and then went out of tatus before filing AOS.

Marrying within 90 days does not give them legal status at all......they, too, must file I-485 to obtain "authorized stay".

[azblk 338]

3 minutes ago, missileman said:

Marrying within 90 days does not give them legal status at all......they, too, must file I-485 to obtain "authorized stay".

My understanding is the only time limitation for K-1 is to get married in 90 days.  There is not set time within which to file i-485. So as long as thier i-94 is still valid then they are NOT of status. If their i-94 is expires before they file AOS then they are out of status at this point.

[Jojo92122 1,924]

9 minutes ago, azblk said:

No K-1's are NOT out of status if they get married within 90 days of entering. I was talking about the OPs status someone that came of esta or other visa and then went out of tatus before filing AOS.

K-1s who don't file for AOS are out of status even if they get married within 90 days of entering.  

At this point, the OP's situation is no different from a K-1 who has not filed for AOS after 90 days.

All he has to do is file the AOS, and he's legal to be here.  

Don't scare people for no good reason.

2 minutes ago, azblk said:

My understanding is the only time limitation for K-1 is to get married in 90 days.  There is not set time within which to file i-485. So as long as thier i-94 is still valid then they are NOT of status. If their i-94 is expires before they file AOS then they are out of status at this point.

Not what you originally posted.

[azblk 338]

4 minutes ago, Jojo92122 said:

K-1s who don't file for AOS are out of status even if they get married within 90 days of entering.  

At this point, the OP's situation is no different from a K-1 who has not filed for AOS after 90 days.

All he has to do is file the AOS, and he's legal to be here.  

Don't scare people for no good reason.

No one is trying to scare anyone. In this year alone we have seen ICE arresting people at their AOS interviews a number of times. They have gone after people at courts getting married and they have picked up parents dropping their children at schools. The gloves and the common sense have come off now. In a bid to boost their numbers they are picking up any out of status person they can find.

[Crazy Cat 39,615]

5 minutes ago, azblk said:

No one is trying to scare anyone. In this year alone we have seen ICE arresting people at their AOS interviews a number of times. They have gone after people at courts getting married and they have picked up parents dropping their children at schools. The gloves and the common sense have come off now. In a bid to boost their numbers they are picking up any out of status person they can find.

The people to whom you refer entered the country illegally.. and had existing deportation orders......big, big difference in the OP's case.  ICE is NOT randomly picking up people are merely in authorized stay status.

Edited May 22, 2018 by missileman

[Crazy Cat 39,615]

The OP's case is pretty simple....just file the I-485......

Edited May 22, 2018 by missileman

[TineCW 1]

 

32 minutes ago, azblk said:

ICE doesnt need a USCIS referral to come after you. It they come across you for instance in a workplace raid or a grey hound and you can prove you have "papers" believe me they will take you.

5

It sounds like you are talking about very extreme cases. If you engage in illegal work and you are caught in a raid then, of course, you will be subject to deportation. I personally don't work illegally in the US and have stayed away from any temptation to do so for the entire year here. Illegal work just adds an extra dimension of complexity to the already complex US Immigration System.

 

The attorney who we consulted told us that immediate relatives of US citizens are an exception to the rule when it comes to illegal employment and that USCIS may look past it however it may also add unnecessary problems to your case as you'd have to be able to prove that you didn't commit fraud like e.g. using someone else's SSN.

Edited May 22, 2018 by TineCW

[Jojo92122 1,924]

15 minutes ago, TineCW said:

 

It sounds like you are talking about very extreme cases. If you engage in illegal work and you are caught in a raid then, of course, you will be subject to deportation. I personally don't work illegally in the US and have stayed away from any temptation to do so for the entire year here. Illegal work just adds an extra dimension of complexity to the already complex US Immigration System.

 

The attorney who we consulted told us that immediate relatives of US citizens are an exception to the rule when it comes to illegal employment and that USCIS may look past it however it may also add unnecessary problems to your case as you'd have to be able to prove that you didn't commit fraud like e.g. using someone else's SSN.

Don't let one single poster derail you.  Everyone else strongly disagree with his posts.  You do not have a problem, so file the I-485 ASAP.

Edited May 22, 2018 by Jojo92122

[TineCW 1]

Just now, Jojo92122 said:

Don't let one single poster derail you.  Everyone else has a different opinion.  You do not have a problem, so file the I-485 ASAP.

Thank you!