K1 Visa, ICE came to my house.

[Alhaji 7]

@Daphne KYou're right, def inconvenient and just hoping to get interview soon from USCIS so we can move on from this 

[Dashinka 23,207]

3 minutes ago, Alhaji said:

@Bill & Katya they know and they even ask her if she was married before 90 days, she said YES. And I have all documents from i129 documents, NOA from 485, etc

Having all the documents and actually presenting them to the ICE agents are two different things.  You said you were at work when ICE showed up, so my question was did your wife actually show the agents the documents?

[Dashinka 23,207]

28 minutes ago, xyz12345 said:

 

Everyone should know their rights regarding ICE. Unfortunately, your wife gave her passport to ICE. She needn't too. But then again, I wasn't there and I might have done the same. I hope your lawyer can get her passport back especially since she wasn't formally arrested and detained.

 

http://www1.cuny.edu/sites/citizenship-now/wp-content/uploads/sites/12/media-assets/Section-8-Know-Your-Rights.pdf

 

 

I agree, she should not have surrendered her passport, but also agree, the stress may have been too much for clear thought.  This is similar to LPRs that are requested to surrender their GCs at a POE.

[Daphne . 1,638]

1 minute ago, Alhaji said:

@Daphne KYou're right, def inconvenient and just hoping to get interview soon from USCIS so we can move on from this 

I hope it gets resolved soon.. Just try to think of all the things that might have triggered this. I don’t think that the fact that you tried to add her to the lease would have been the cause.

Maybe it is all just a very unfortunate misunderstanding or maybe you will find out what the reason behind it was soon.

[Alhaji 7]

@Bill & Katya she didn't show any and they didn't ask for any, all they ask was we see you're here on a K1 visa and did you get married after 90 days, gave her his card to show up July 9 and bring her passport

[Ironclad43 131]

That's a really tough situation. I don't know why ICE would have a monthly check-in or why they took her passport. I think that's the main thing you need to find out. Your wife is legally in the United States while her permanent resident status is being adjudicated. She's either here legally or illegally, there's nothing in-between. 

 

33 minutes ago, xyz12345 said:

 

Everyone should know their rights regarding ICE. Unfortunately, your wife gave her passport to ICE. She needn't too. But then again, I wasn't there and I might have done the same. I hope your lawyer can get her passport back especially since she wasn't formally arrested and detained.

 

http://www1.cuny.edu/sites/citizenship-now/wp-content/uploads/sites/12/media-assets/Section-8-Know-Your-Rights.pdf

  

 

Wow Universities posting documents about how to evade ICE if you're an "undocumented immigrant." That's detestable. 

 

 

[Alhaji 7]

@Daphne K you're right, a little stressful ... And just a matter of time while we continue to wait for EAD and our Green card interview.. thanks 

[Alhaji 7]

@Ironclad43 she's def here legally and taking the proper channels while we wait for EAD and our Green card interview

[Loren Y 2,731]

I would report her passport being taken to her closest embassy. Technically the passport is the property of the issuing government, so without having good reason to take it ( like you were being detained or arrested) I don't think they should have kept it.

 

Another thought is that once the I94 expired and unauthorized stay was beginning to build up, it could have triggered something to them to pay a visit. I just hope they aren't on a kick to start making examples of people who don't file AOS in a timely manner ( Before 90 days is up), and your wife ends up being the example to show they are cracking down. That could have been their game plan all along, but when the found out she was legit, it put a kink in their game, and to just be a pain they took her passport and made up this reporting thing. How are you supposed to report, did they give you a time and place to show up, and who to check in with? That seems really fishy to me. They usually don't make more work for themselves.

[USS_Voyager 1,971]

46 minutes ago, Daphne K said:

As inconvenient (having to check in every month) and weird as it is (them having her passport most importantly) the word ‘harass’ is maybe a little over the top but that’s just my opinion..

I would go that far. They have no business seizing her passport. The passport is the property of the foreign government. That would make me mad a little, and especially all this happened when she was in perfect legal authorized stay. 

[fip & jim 452]

Are you sure they were ICE agents? Did they show your wife any badge or ID and have a warrant to enter the property?

[USS_Voyager 1,971]

10 minutes ago, Alhaji said:

gave her his card to show up July 9 and bring her passport

Ok, so July 9th was yesterday. What happened? Did you guys show up?

[USS_Voyager 1,971]

4 minutes ago, Loren Y said:

would report her passport being taken to her closest embassy. Technically the passport is the property of the issuing government, so without having good reason to take it ( like you were being detained or arrested) I don't think they should have kept it.

Exactly. The only cause any US government agency would have to seize a foreign passport is to prevent a criminal from fleeing the jurisdiction, which is clearly not a case here. That's why I'd say OP need to come back at them with a lawyer and pound them. At the minimum, they have to return the passport. 

[Alhaji 7]

@Loren Y def hit the nail on the head, I tried my best filling AOS before 90 days but had so fianicially difficulty. I have the location where the passport is located, hopefully I can retrieve it next month for next visit since we planning on traveling while we wait for EAD and green card interview

[geowrian 22,335]

It doesn’t sound like anything was seized. It was voluntarily provided to immigration officials. If they refuse to return it upon request, then there’s an issue and contacting the embassy/consulate within the US is wise.