Beware bad information on AOS deadline for K1 (fresh out of jail)

[SRNCR 6]

11 minutes ago, geowrian said:

Any waiver would have nothing to do with the petition.

The 601a is only allowed to be lodged if you're the beneficiary of an i130, i140 etc. But not an i129, so it does have to do with the petition? 

Edited May 11, 2019 by SRNCR
Typed i130 twice

[SRNCR 6]

11 minutes ago, Boiler said:

And also it is not true, quite a few things could get you in trouble.

Hence why I said "pretty much". 

 

28 minutes ago, TBoneTX said:

but at what cost...

Please elaborate? What cost would you face if most things are forgiven and you can go right through to citizenship with little or no speed bumps?

[Boiler 43,459]

Just now, SRNCR said:

Hence why I said "pretty much". 

 

Please elaborate? What cost would you face if most things are forgiven and you can go right through to citizenship with little or no speed bumps?

Spend a few months in jail?

 

Ton in legal fees?

[SRNCR 6]

4 minutes ago, Boiler said:

Spend a few months in jail?

 

Ton in legal fees?

Okay so the previous person and I were speaking about someone who posted last week saying they didnt adjust for 5 years and had no problems. I said that's crazy and that it makes sense though because pretty much anything is forgiven when married to a USC and that they wouldn't have even needed a waiver. So in the context of what was actually being spoken about there's no speed bumps or cost. 

 

In the context of the OP, yes that's a cost. But in the context of what could come from pretty much anything being forgiven once married to a USC, there is no cost? Unless you're unlucky enough to find yourself in a position where you've done something that isnt forgiven.

[Lemonslice 4,557]

6 minutes ago, Boiler said:

Spend a few months in jail?

 

Ton in legal fees?

What about the freedom to be an independent adult -  work, study, drive...  it can be an heavy weight on many relationships. 

[geowrian 22,335]

16 minutes ago, SRNCR said:

The 601a is only allowed to be lodged if you're the beneficiary of an i130, i140 etc. But not an i129, so it does have to do with the petition? 

You can still do an I-601. That works for both an I-129F and I-130.

Edit: Or more specifically, it has nothing to do with the petition being approved. But those waivers are available for the I-485.

 

15 minutes ago, SRNCR said:

What cost would you face if most things are forgiven and you can go right through to citizenship with little or no speed bumps?

I think the reference was to the risk of being detained, jailed, and having to appear in front of an IJ. Not a good or cheap experience, especially for a newlywed.

Edited May 11, 2019 by geowrian

[Lemonslice 4,557]

6 minutes ago, SRNCR said:

In the context of the OP, yes that's a cost. But in the context of what could come from pretty much anything being forgiven once married to a USC, there is no cost? Unless you're unlucky enough to find yourself in a position where you've done something that isnt forgiven.

or that the relationship does not survive the wait and the immigrant is stuck between a rock and a hard place - no ability to adjust and a ban if/when you exit the county. Add kids to the mix and you have a nightmarish situation. 

Edited May 11, 2019 by Lemonslice

[SRNCR 6]

2 minutes ago, geowrian said:

You can still do an I-601. That works for both an I-129F and I-130.

 

I think the reference was to the risk of being detained, jailed, and having to appear in front of an IJ. Not a good or cheap experience, especially for a newlywed.

Oh I see. Some clarification would have helped about what they actually meant lol. 

 

2 minutes ago, Lemonslice said:

or that the relationship does not survive the wait and the immigrant is stuck between a rock and a hard place - no ability to adjust and a ban if/when you exit the county. Add kids to the mix and you have a nightmarish situation. 

Yeah I couldnt imagine how scary that would be. 

[SalishSea 16,777]

4 hours ago, dwheels76 said:

Someone just posted last week how he filed 5 years later to AOS and there was no issues. That was an interesting thread indeed.

I posted a link to that very thread above :-)

[SpaceAge 32]

20 hours ago, SRNCR said:

What really perplexes me is the thought that they just had to get married, with no mention of when they could adjust. People would still be here years later with no consequences if that was the case. I do feel for OP though, to go through the proper channels and then get arrested would be terrifying. 

 

Did you even read the post!? 

I did not ‘just’ marry with no mention of adjusting, I had COMPLETED the AOS pack with a signed check on time but I made the monumental error of waiting for my husbands 1099 tax form to be resent to the correct address. This meant I was just over two weeks late after also having issues with my marriage licence going awol directly after the wedding, I had proof of both issues. I was trying to go through the ‘proper channels’ as I had the whole K1 process.

 

I have just served 5 weeks in jail, I am now fully aware of my mistake here of not realising the I94 was what I should have been looking at, not the steps of the K1 on USCIS which did not imply filing in he 90 days, only marrying.

 

I had not been on Facebook seeking legal advise as someone implied either, I came out of jail and looked up the sources of what I know is now dangerous bad information, such as VisaJourney, and included it in the post to simply warn others. Visa Journey BTW stand by the fact you CAN file after 90 days, yes you probably can but if you show your id to law enforcement you could be in my unfortunate shoes which is very distressing and upsetting. 

 

At the end of the day, noone is going through this but me, I am trying to warn others and not looking for sympathy. I feel bad enough as it is that this has happened when I thought I had done everything right. I know numerous people who filed after 90 days without issue but none have had to show ID to encounter the consequences, the consequences we know know are jail. 

 

I filed my completed AOS through the court last week with amendments by the lawyer to say I now overstayed and had been arrested. The signed document I had completed was used with dates within the 90 days as I had fully intended to post it but waited on the tax form. I was not actively looking to overstay as many are implying. 

 

I have been to the US over 17 times and never overstayed during my relationship, I understand most ‘mumbo jumbo’ on the forms and on USCIS website, but I am still not seeing a clear part on USCIS about the I94 expiration date and the K1 and this was my downfall. I am not the only one to misinterpret this reading elsewhere. 

 

I am not replying to many more posts on here, I feel bad enough right now and was simply warning others to make sure they file in 90 days no excuses. Just send it even if you will get an RFE as I wish I had as it has cost me EVERYTHING. There is not more to this story as others have implied either, i was not driving, I was not committing any crime, I have no criminal record, I am just unlucky to have showed my documentation when asked. 

 

Jail in the US is no joke. ICE did their job which will delight some people commenting and I agree with them, I have also however spoken to real people detained for being illegals with NO paperwork or any visa and have changed my own opinions on that. Some of the reasons people come to the US are horrific, I understand a little more as to why those people are risking their lives to do so but in my case I moved for love and was doing what I thought was the right thing or I would not have had an approved K1 to enter on in the first place. 

 

I hope noone else has to go through anything like this, I am not perfect and make mistakes and some it seems are larger than others! 

 

 

 

 

 

[Allaboutwaiting 2,500]

I’m truly sorry you have to go through this nightmarish experience; I cannot even grasp how you feel now. 

Regarding the incident that lead to your detention, hope you don’t mind me asking, but, was there an altercation or is it customary to ask for ID from passengers during traffic incidents?

 

Again, I cannot fathom your current emotional state, but I do wish the fairest outcome and the happiest ending possible.

[SpaceAge 32]

3 minutes ago, Allaboutwaiting said:

I’m truly sorry you have to go through this nightmarish experience; I cannot even grasp how you feel now. 

Regarding the incident that lead to your detention, hope you don’t mind me asking, but, was there an altercation or is it customary to ask for ID from passengers during traffic incidents?

 

Again, I cannot fathom your current emotional state, but I do wish the fairest outcome and the happiest ending possible.

 

Not that it matters, and not that I understand the reasons whether you have to produce when asked or not, but someone in my party was in trouble with the police which was the reason for the stop.

 

I had no idea nor anyone else in the car. We all happily showed ID as we didnt see a reason not to. I will not be contacting nor socialising in that circle again needless to be said. 

 

My emotional state is rock bottom as you can appreciate. I have never ever been in trouble in my life.

 

 

[geowrian 22,335]

12 minutes ago, Allaboutwaiting said:

is it customary to ask for ID from passengers during traffic incidents?

It is quite common for LEOs to ask for IDs of passengers. They typically run them to make sure there's no warrants or similar.

Edited May 11, 2019 by geowrian

[Crazy Cat 39,284]

3 hours ago, SpaceAge said:

Visa Journey BTW stand by the fact you CAN file after 90 days, yes you probably can but if you show your id to law enforcement you could be in my unfortunate shoes which is very distressing and upsetting. 

To be fair, there are some of us here on Visa Journey who very, very adamantly advise people to file for adjustment prior to expiration of the I-94....and I hope your experience has helped to convince the rest.

[SpaceAge 32]

2 hours ago, missileman said:

To be fair, there are some of us here on Visa Journey who very, very adamantly advise people to file for adjustment prior to expiration of the I-94....and I hope your experience has helped to convince the rest.

My error, it was a typo, I actually meant RapidVisa who come up on all the searches.