Deportation after K-1 90 days??

[JunFanTX]

Has anyone ever heard or known about the consequences of anyone who married and/or filed for the Adjustment of Status AFTER the ninety-day K-1 Visa period had expired?

Are they deportable? I would think so.  And if so, has anyone known of anyone being deported and required to apply for re-admission to the US under the Spousal Visa (DCF)?

The rules say: "you are NOT eligible for adjustment of status if ANY of the following apply to you:  your authorized stay expired before you filed this application; etc."

Just curious,
Mike

[rubio]

... in response to Deportation after K-1 90 days??, posted by JunFanTX on Sep 26, 2001

if you want to talk to the people i did try this link, i am sure they will tell you no problem  http://www.iasny.baweb.com/

[rubio]

... in response to Deportation after K-1 90 days??, posted by JunFanTX on Sep 26, 2001

well, i am the man with the plan for you, actually i am going threw the same thing you said about getting married after the 90 days, simply stated as long as you get married, and you apply for the adjustment of status. it will cost you $110 extra, nothing more. no deportation or any of that,feel free to email me. if i can help more
rubio@latinadominicana.com

[muddslinger]

... in response to Deportation after K-1 90 days??, posted by JunFanTX on Sep 26, 2001

are you kidding, the INS is a joke. they may be a little tuffer on people now because of the new york thing, but they are soooooo far behind on their paperwork and everything else, that they do not have the time or the resources to deal with something a little as a person marrying after 90- days. worst case, you would have to get a lawyer to handle your case.  look at it this was, they were going to give all the illegals here permenant status. tells you something about our government, and how efficient they are.

[JunFan]

... in response to Re: Deportation after K-1 90 days??, posted by muddslinger on Sep 26, 2001

I know they aren't gonna go hunt someone down, but what do you think would happen if you showed up at the INS office, attempting to adjust status, and they found you were not in compliance?  When you think about it, after the 90 day period and you have not filed for adjustment, you have no legal status.

Do you think they would just say, "it's cool, don't worry about it"

Maybe...after all, it is the government...and after what I've seen from them lately, nothing would surprise me.

Mike

[rafael]

... in response to Re: Re: Deportation after K-1 90 days??, posted by JunFan on Sep 26, 2001

The critical point is being out of status for over 6 months. That can result in a ban from entering the US. Now if you are already here, they will most likely not deport, but if you had to leave for any reason, even aos interview, you would not be let back in.

If under six months out of status, it should not be a HUGE problem. Were they married within the 90 dyas? If so, that will certainly help.

[JunFanTX]

... in response to Re: Re: Re: Deportation after K-1 90 day..., posted by rafael on Sep 26, 2001

They were married on the 91st day, and haven't yet filed for AOS, which means it is now about 5 weeks over the day that marked the 90th day.

Thanks...Mike

[rubio]

... in response to Re: Re: Re: Deportation after K-1 90 day..., posted by rafael on Sep 26, 2001

there is no 10 year banning this is a different subject. being out of status is irrelevant

[rafael]

... in response to Deportation after K-1 90 days??, posted by JunFanTX on Sep 26, 2001

I had a friend in similar circumstances. I know she was not deported, but am not sure what they did to handle the situation. I'll try and contact him to find out.

[JunFan]

... in response to Re: Deportation after K-1 90 days??, posted by rafael on Sep 26, 2001

Thanks Rafael...let me know...I will be interested to hear what you find out.

Mike

[rafael]

... in response to Re: Re: Deportation after K-1 90 days??, posted by JunFan on Sep 26, 2001

I just ICQed my buddy Chris/Rubio. I told him about this thread and he says he will try and drop by to help.