biggish data

I was asked why does the Phils have a high incidence of scam. Agree or disagree?

http://www.gao.gov/a.../650/647871.pdf Pg 20, Footnote 33

With global access to the Internet, fraud scams used in one country or continent have

quickly made their way to others, and therefore high-fraud countries and

posts have shifted from year to year. For example, only 4 countries were

among the top 10 countries for visa fraud in both 2005 and 2010: the

Dominican Republic, Ghana, Jamaica, and Peru.

The other six countries among State?s 2005 Fraud Ranking included: Bangladesh, El

Salvador, Haiti, Honduras, Nigeria, and the Philippines.

The report also notes below - So

"What GAO Found

Certain countries and visa categories are subject to higher levels of fraud. In fiscal year 2010, almost 60 percent of confirmed fraud cases (9,200 out of 16,000) involved applicants from Brazil, China, Dominican Republic, India, and Mexico. Department of State (State) officials told GAO that fraud most commonly involves applicants for temporary visits to the United States who submit false documentation to overcome the presumption that they intend to illegally immigrate. Fraud is also perpetrated for immigrant visas and nonimmigrant visa categories such as temporary worker visas and student visas."

Edited by Caryh, 27 February 2014 - 09:19 AM.

Caryh

Male

Philippines

2014-02-27 09:18:00

I was asked why does the Phils have a high incidence of scam. Agree or disagree?

my wife supports me...... in everything I do

If my wife were athletic, I might say she supports me.

Caryh

Male

Philippines

2014-02-24 14:02:00

I was asked why does the Phils have a high incidence of scam. Agree or disagree?

I've seen a bit of all of this happening. I currently know a couple, she brought her child with her to the USA, and he seems to love the child. But the guy will not work, and she's bring in all the money. He's even got her paying his court ordered child support from a previous marriage. Recently, he moved the family over an hours drive away from the city where she works, so he no longer has to do cleanup work for the free rent they got at an apartment building, something she did half of, so she's now driving about three hours a day to support him. The place they're now living is a cabin with no water source. They have to carry all water in. I have a hard time believing she stays with him, she must truly love him, or is truly dedicated to her marriage. I think my wife, who is also a Filipina, would kick me to the curb if I decided she was going to support me when I'm totally able to work.

Just from my observations, and this definitely doesn't apply to your particular case, I've seen just as many instances, maybe more, of the USC being dishonest in the relationship.

I've seen men go to the Philippines and totally misrepresent who they are. I've seen them be incredibly generous, always willing to help the family and improve their living conditions, I've seen them tell outright lies - "yes, I'm able to have kids." I've seen them act like they would love to have her and her children live with him.

Then, once she's here in America, everything changes. Now he lets her know that he is on a very limited budget. Now he no longer cares about her family. Now he lets her know he can't have kids. Now he can't stand her kids and they are an unfair burden on him.

Plus, many times he doesn't work; but she is required to work and then he decides how the money is spent.

I know of situations where he has her sign a prenuptial agreement, which she of course signs, since she can't imagine this marriage failing. Then, once she's here, he also lets her know that she has no place in his will. But he also wants her to stay at home to cook and take care of the house. He clearly doesn't care about her or her future. But he still chose to marry her.

So, in a way, the question could almost be reversed - Why do so many American men marry, lie to, and use Filipinas?

As for the original questions: I have no idea; but I've noticed that in most situations where the USC was scammed, there were plenty of warning signs that, for some reason, were ignored. While I certainly don't blame the victim; maybe the USC has unrealistic expectations and has almost set himself up to be used. I'm not saying this is what happens in every situation - it's just my observations.

And again, I'm not saying that is what happened in your particular situation. I really hope everything works out for the best with you.

Caryh

Male

Philippines

2014-02-24 12:37:00

Showing up at Visa interview with Fiancée

If she's not confident, it can be loads of help. I would have liked to be there myself, but time off from work is limited. If your case has red flags, it can truly make a difference in how hard it is for your fiancee. My wife and I had known each other a long time, had a front loaded petition, so they didn't really ask her any questions, and it was more them making comments on evidence provided in the petition, and my now wife confirming them. She brought a ton of documentation and pictures they never asked to look at either. Still its best to be as prepared as possible just in case, and being there with her is the best evidence of a continuing relationship.

Caryh

Male

Philippines

2014-03-12 14:17:00

You may want to consider this; http://www.visajourn...detained-today/

Nah that never happens Its not very common, but it does unfortunately.

Caryh

Male

Philippines

2014-03-14 09:29:00

I'll tell you how they would enforce it. If you brought your fiance to the US legally and filed for AOS 6 months and 1 day later you would be denied and your spouse would be forced to leave the country. Of course all of the illegals that are already here are going to be given amnesty and just be forgiven for their illegal entry/overstay, etc...

But this is all moot because there will be no immigration reform this year, let alone in our lifetimes. Obama ain't touching that and neither are the Republicans. It's all about votes, you see no one really gives a ###### about us people that are doing or have done this legally...

God Bless America

A rather cynical view, but probably accurate to in my view. Actually I think presidents, past and present, have had a bigger desire to solve the immigration problems than the congressmen that must pass a law. Those in congress appear to have a bigger payoff in votes complaining about how the other side didn't do this or that on issues.

Currently K-1s that miss getting married in 90 days can marry after the 90, and file an I-130 and adjust status. I'm wondering if a K-1 who missed the 6 month mark would also have this option, or will this be a case where the overstay of a K-1 holder is not forgiven unless they return home?

Caryh

Male

Philippines

2014-02-13 08:29:00

Then they turn around and want to "give" citizenship to all those illegals and not seal up the border down here.... give me a break.

Caryh

Male

Philippines

2014-02-12 11:09:00

What if your like me and run out of cash to file? Id like to see then try and deort my wife,,,1100 to file for a AOS??? pathetic,,I'm a tax paying US veteran,,it should be free

Or should be a heck of a lot cheaper than it currently is. I have no idea how they would enforce a 6 month to file AOS law. I just know it was included as a change in one of the immigration reform bills. Knowing Washington, they may never get an immigration bill passed so it could be a mute point. Also no idea if it would be retroactive to all past K-1s or just new K-1s. But K-1s not filing to adjust status apparently is on someone's radar or it wouldn't be in a bill.

Caryh

Male

Philippines

2014-02-12 10:21:00

Wait until Hillary takes office,,,we wont have borders then! no more k-1's!!! it'l be a free for all

look out for that new immigration bill though. they're giving only six months for k-1s to apply for AOS or they lose the right to. I'm not sure what they expect them to do if they miss the time period, go home and start from scratch? But apparently some one's decided K-1s shouldn't be allowed to wait for ever to adjust status

Caryh

Male

Philippines

2014-02-11 18:00:00

The I-797 can say they got the application, an RFE, an approval, or a denial. All come on the same I-797 form. I think they stopped sending green card approvals on them for a while, then restarted again. I'm not sure of the current state of sending the i-797 approval notice for the green card.

But I know I'd be leery of counting on an email reply for the definitive answer to if I can use the green card NOA1, for a drivers license. I prefer to carry the actual publishe documents in to the DMV just in case. Although they always seemed to know what they were doing when my wife went through the process, and I had no need to prove her EAD qualified her for the license. When you get the state ID, permit or license, there is an immigration check date put on the license or permit. This is the actually expiration date of you I-94 or EAD. Once you get the green card, you can remove this date. In fact you must get it updated by the date because your license/permit is no longer valid without doing this. Basically until an immigrant gets their green card, their state ID, permit, and drivers license basically marks them as without a green card, and the expiration date.

The I-797 is NOA, meaning you filed for AOS. (That's what we used). Is there an approval I-797? Cuz we didn't get one, just an appointment letter followed by a GC.

Once you get a permit with a valid I-94, and wait the requisite 90 days for persons over 18 (180 days if 18 or younger), I doubt the I-94 would be an issue, cuz when you go back, all you will have to show is the permit to get it upgraded to a DL.

Edited by Caryh, 23 December 2013 - 04:12 PM.

Caryh

Male

Philippines

2013-12-23 16:09:00

https://dps.mn.gov/d...nts_English.pdf

Per their documents procedures, the I-797 isn't accepted.

I wouldn't want to bank on this, but the EAD is pretty quick to come. I-797 could be an approval, and could be an application. Doesn't look like they cleared up what the I-797 has to say in that email, and the DMV site says nothing about the I-797 that I've ever found.

The problem with getting a license on the I-94, is you cannot just get a license that fast if you're from the Philippines. Even if you drove there, you need to have a permit for at least 90 days before you can take the road test. This is a state law for everyone, unless you come with a valid drivers license from another state or approved country. Which essentially means your I-94 for a K-1 is expired before you can test. I do know the I-94 is good for a state ID, as we got my wife one using it.

Caryh,

I wanted to get my facts straight before I got back to you on this. Your state of MN does not require EAD or GC. They will issue a DL with a valid I-94 (as will most states). It is only after the I-94 expires that the EAD/GC is required as proof.

However, your state also will accept the I-797 as indicated below as proof of having filed for AOS (and therefore would not require an applicant to wait months or up to a year to be able to drive).

This from your DMV @ dvs.driverslicense@state.mn.us:

"Thank you for contacting Driver and Vehicle Services.

As long as she has an unexpired I-94 with an unexpired passport and her birth certificate she can use those documents to obtain a form of identification from Minnesota. If the I-94 is already expired, we will need at the very least a I-797/notice of action to accompany those documents, otherwise we cannot take it in as a primary document.

Sincerely,

Linda, Operator #57"

Caryh

Male

Philippines

2013-12-23 15:36:00

Well no one has defended me,,I have been in VJ jail 3 times now!

I'm on my last legs,,,,

Worst I got here was double secret probation.

Caryh

Male

Philippines

2013-12-23 09:19:00

mods = trolls ?? Really?

Only some of them, the others are defenders of trolls.

Caryh

Male

Philippines

2013-12-20 15:35:00

Toyota pretty much realigned them on the club thing.... their club is 400,000 miles.

Living in a state that uses salt on the roads, I don't even want to think what a vehicle would look like after 400,000 miles here. If you put them on fast enough it might be OK. I buy them new, and use them up myself. My current vehicle is a 2004 Durango with 140,000. Its just starting to show some rust spots if you look in the right places. A few more years and I'm gonna get tired of noticing those spots growing.

Caryh

Male

Philippines

2013-12-20 14:44:00

NOA for applying. They WANTED the GC in hand, but I think since I had argued with the DMV manager for so long, she might have conceded that proof of us applying was good enough for her. The USCIS had no say in the matter, couldn't force the DMV to give the DL, but she DID say that my wife was still legal even though the I-94 was expired.

I know you did, that was for Patriot, not you.

I think you wore the manager down lol. Good for you. Even after my wife had her license, she still wasn't quite ready to hit the roads here. Driving in the Philippines, in Davao City, was much different than the roads and speeds we travel here. She even had a new car before her driver's license was in hand. About a month after getting her license, she finally started driving on her own.

Well there was a time, and I'm dating myself, 100,000 miles on any vehicle meant it was pretty much end of life.

I remember not too many years back Chevy advertising their "100K miles club" ... pretty scary when you think about it that a company thinks it's such a big deal to reach a 100,000 miles with one of their trucks that they had a special club.

Caryh

Male

Philippines

2013-12-20 14:03:00

Was that the notice of application, or notice of approval? If its just the application, that wouldn't be so bad. We had to get the EAD or approval notice I believe would have worked to.

I know the I-94s expire. One of the links I posted earlier says an I-94 without an expiration date is good for 90 days.

Passport name change and ROM were done at the same time, no EAD, no GC, I-94 was expired. But we still did both. Of course, that's only speaking for our consulate, and the people that work there.

I think Hank said the rules for AZ license were like yours. WA isn't, nor is AK. If we had gotten my wife's DL while I-94 was valid, the license would have been good for 4 years. As it was, we applied after I-94 expired (yes, they DO expire, in spite of what was said above), and had to wait to get DL after we had I-797 for AOS in hand.

Caryh

Male

Philippines

2013-12-20 13:01:00

Can you get 270K on a chevy pickup.... ahhh maybe with a rebuild.

You can by towing it while its in drive.

Caryh

Male

Philippines

2013-12-20 12:53:00

"The K-1 visa "expires" upon presentation at the POE. The terms of the visa are marry within 90 days to the person that petitioned you, or go home. One the K-1 and petitioner are married, the K-1 is permitted to stay indefinitely, presumably to file for adjustment of status to LPR"

What I have been trying to say all along,,hence my wife is still "legal"

besides who would clip my toenails if they deported her?

they were turning into claws when she got here,,now she keeps them trim,,cuz I cant see them

There's a big difference between technically deportable and being deported. No one is going to come knocking on your door to take your little nail clipper away. But just because they don't, doesn't mean she has legal status in the country. As Hank mentioned, and he was going through check points looking for illegals, they asked her once and she didn't have it, they told her she should carry it and then never asked her again. You'd need to come across some CBD officer having a hard day and decide to be a stickler for the law. Technically he could take your little nail clipper in, until someone came with proof she's here legally. Since you'd have no such proof, K-1 used up on entry, and I-94 past 90 days, unless someone screwed up, she'd go before a judge who would tell you to file to adjust within so many days. Ignore that, now you've got a problem. Until then, no problems, except getting an ID and/or drivers license, depending on the rules in your state.

Caryh

Male

Philippines

2013-12-20 10:22:00

I'll get back to you on the K1 out of status thing. I can see your point, and you may be more correct than I am. Deportable? Maybe so. Likely? I think we both agree prolly not. I have read of a couple of cases I found online where a couple was told to hurry up and file AOS after the 2-year point... but they were not deported as far as I can tell. All I am trying to do is rid us of "tribal knowledge", which serves no good usually. So until/if I can confirm my beliefs via USCIS or the immigration laws, I'll grant you that what you say makes sense.

You're still wrong about the EAD thing you said... that one has to have EAD/GC in order to file ROM. Untrue. And that folks can't drive or get an ID without AOS... only in certain situations (i.e. after I-94 expires) is this true. In AZ, the DL is only good for as long as the I-94 or GC, according to Hank. In AK, one can get an ID or DL prior to I-94 expiration, and it's good for 4 years. Each state can be vastly different. Feel free to chime in with MN requirements. Heck, if enough people chime in, we might be able to create a VJ database of info that is actually useful.

More to follow as facts are unveiled...

I've always said technically deportable, but if it should come up, you'd get the chance to adjust status first, as ordered by a judge. Deportation would only come about if you ignored that order.

I may be confusing the report of marriage with the passport name change. Both happened to long ago that the details get mixed up in my head. And thinking about it, it wouldn't make sense to ask it for the report of marriage, what if you were just visiting and returning home? So I'm pretty certain you're right on that score.

MN requires an unexpired I-94, an unexpired EAD, or an unexpired Green Card to get a drivers license or state ID. Both the I-94 and the EAD will get an immigration check date put on a drivers license or state ID. It is no longer valid after that immigration check date, although the expiration date is 4 years from issue on your birthday. The immigration check dates means you must return by that date and prove your status again, or the license is invalid. You get a new card every time you get checked, with a new date and its free. This immigration check date comes off when you get the green card, even if its the two year conditional green card. You can only get the driver's license on the I-94 if you come from certain countries and have a valid drivers license from that country. The Philippines is not one of them. This is because you're required to have your permit for 90 days if you're not from one of the approved countries, even if you had a license there. So your i-94 will expire before you can get the actual license.

We got my wife the state ID while her I-94 was current. We got her permit and then license when she had the EAD. Then returned to remove the immigration check date after the green card arrived. Had we not removed conditions, she never would have been able to get the license. From following the "Your new life in America" topic area, I've seen almost every state now requires an EAD or a Green card to get a license or state ID. Minnesota is one of the easier ones, allowing the I-94, with I think Washington state being the only one I'm aware of now that doesn't require some proof of legal immigration status.

Caryh

Male

Philippines

2013-12-20 09:44:00

http://travel.state..../info_1298.html

Cary

Hold on here,,Dave is not spreading false information, YOU are the one who is intrepreting the USCIS regulations in

your own words,, apparently you didnt read my previous post where I summed it up nicely even the most basic newbie can grasp

it: Out of status is not an ILLEGAL status,, therefore if its NOT illegal,,we can only surmise its LEGAL.

and as I said its a grey area induced by the USCIS because its a typical govt buracreacy.

they simply forgot or for some reason have NOT defined a timeframe for filing an AOS,,otherwise,,they would have given a deadline,

like they have for everything else

Pls show me on an official USCIS site where it tells me how much time I have to file an AOS for my recently married spouse.

If I never got around to filing one, the least that would happen is she couldnt work, nor could she leave the country,,,period.

Now I suppose if she commited some heinous crime, a judge may be able to deport her(because its a grey area) but,,

beyond that,,,she can stay here,,,

I would like to see them try and deport my wife because I dont have the cash to file AOS,,,,it aint happening

The period of stay for any nonimmigrant is controlled by the I-94 and the CBP, not USCIS. The period of stay is determined by CBP, they set the date at which any nonimmigrant must leave or they will be in an overstay situation. The only thing marriage does, is allow the nonimmigrant K-1 entrant the ability to adjust status to become an immigrant and legal permanent resident. Even though they marry, they are not required to file, they can return home if they wish. There is no special rules written into the law making an out of status K-1 any different than any other nonimmigrant who has overstayed their I-94, they are all out of status. None of them are considered an illegal immigrant because they entered legally, they just failed to leave when the I-94 expired. But all of them can be deported. That includes the K-1 entrant. Very few people living in the USA that are out of status are ever brought in and dealt with. But it can happen to a K-1, the difference being the K-1 will be given a time frame in which they must apply to adjust status. If they were legal, how could a judge order such a thing? Now if you decide you're still not going to pay the money to adjust status, yes she will be deported.

Your logic is because no one wrote a deadline to file the adjustment of status, therefore she has legal status is flawed. The only way to have legal status is to have a valid and current I-94, a valid and current green card, and valid and current application that may lead to a green card or extended stay.

Admission to the U.S. and your Duration of Stay

Upon arriving at a port of entry, the CBP official will determine the length of your visit.

Notice: New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website.

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the U.S. If you have D/S on your admission stamp or paper Form I-94, you may remain in the U.S. as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

Caryh

Male

Philippines

2013-12-19 12:36:00

Replies above.

If there is no expiration, then it IS a legal status. If there were a limit, USCIS would outline it for the K-1 process. You can't tell me it's ok to not file for 2 months, 6 months, or 2 years, but that it's not a legal status. Either there is a time limit, or there isn't. Guess we'll never know for sure unless someone who got deported reports in here or a USCIS official comes in to enlighten us.

And what you keep ignoring is "and remain in the United States while USCIS processes the application". The "may" is there because you do not have to get a green card, the nonimmigrant can go home. You are confusing being able to get away with not filing when the I-94 and so that makes the K-1 legal. Out of Status, which you yourself called it, is not a legal status to be in while in the USA, it means you are deportable. You can get away with speeding, you can get away with running a stop sign or light to, that does not make it legal. People get away with doing things that are not legal all the time, but doing so does not make them legal. Any nonimmigrant entering the country gets a fixed maximum time in the USA, and that is on the I-94. The K-1 visa is no different. A visitor can enter and stay for years and never get deported. The difference is if the K-1 gets caught up with, they get the option to adjust status with a deadline, while the visitor will immediately go to deportation proceedings. The reason you don't see the married K-1s deported, is of course they're going to do everything they can to adjust status once ordered to do so.

You're the one who needs to stop spreading the false information that being in the country on a K-1 visa after the i-94 expires gives them some legal right to be here. The K-1 nonimmigrant visa only gave the right to enter the country to get married and adjust their status to a legal status. It never conferred the right to enter, get married and stay forever without adjusting status.

Caryh

Male

Philippines

2013-12-19 08:46:00

I did reply. Her legal status is out of status.

I will share a direct quote with you from an email between myself, USCIS, and our local DMV. We were trying to get a DL for my wife, but the DMV said since her I-94 was expired, she wasn't "legal" anymore, and would not issue her a license. I got USCIS involved, and here's what they said:

"Good afternoon to both of you,

I do apologize that it took this long to get back with you on this matter. I spoke to a couple of my colleagues here in the office and it is not required to file the Adjustment of Status
application
. Mr. Xxxxx?s wife has fulfilled her obligations by marrying the petitioner within the 90 day window from entry.

As for getting a license from DMV?it would be up to them as to what their guidelines are since the I-94 is now expired.

Mr. Xxxxxx's wife does not have work authorization so in fact would not be authorized to work at this point until the adjustment of status package was filed ?which includes the work authorization form."

So USCIS said she fulfilled her obligation by marrying, and it is NOT REQUIRED to file for AOS. I lost the fight with the DMV, we did not get a DL without a NOA for the AOS. But that came a couple of months later.

You even said it yourself... forgiven as the spouse of a USC. So not deportable. Unless divorced. Or unless she's busted for selling illegal drugs. Or commits murder. The list goes on...

She fulfilled her requirement to the K-1 visa to be able to adjust status. That does not mean she has a legal presence here. Just like someone who comes on a visitors visa, and doesn't leave, they are also legally out of status. Or someone on a student visa who isn't going to school, also out of status.

OK below is straight from the USCIS site

Notice what rights the K-1 has after the visa is issued, the wording is "apply and remain while USCIS processes the the application". It doesn't say you may remain in the USA without applying. I mean plenty of people get away with it, happens all the time. And the worst case is you'll be ordered to adjust or leave. Well maybe the worst is you're ordered to adjust, don't have the money and get deported or a divorce occurs and the K-1 gets deported. Out of status does not mean someone has a legal presence. Its a heck of a lot better than unlawful status, but it still doesn't make it a legal presence.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the ?Green Card? section.

Edited by Caryh, 18 December 2013 - 02:31 PM.

Caryh

Male

Philippines

2013-12-18 14:30:00

No offense to your link, but it doesn't have many facts. It may well be just a general story made up by the "Visa Experts" in order to get you to use their services. I saw no timeline at all. "They waited too long" is just a bit too generic for me, and the site is considerably less official than I was hoping for as a case study.

But I have seen here on VJ where people wait over a year to file AOS (I believe it was due to an emergency that drained all money), and in fact there are detailed instructions online on how to avoid paying twice by skipping the AOS process and just filing ROC. That means waiting about two years in an out of status condition. Which is perfectly legal for a K1'er, according to USCIS.

But you still fail to answer the question what is her legal status in the states, since you keep claiming its totally legal to not adjust status after entry on the K-1.

I've never said you can't wait and adjust status late. The problem only comes in if the lack of status comes up due to interaction with the enforcement branches, such as border control agents or ICE. Then you're likely to get hauled before a judge and ordered to adjust status. Failure to show up to the court date, or failure to apply to adjust status at that point gets you a deportation. Technically and legally the k-1 is acquiring over stay days from the day the i-94 expires until the day they apply to adjust status. Those are forgiven as spouses of a citizen, but should the marriage fail, the K-1 is totally screwed. Deportable and with an overstay ban, should the time period be greater than 6 months after i-94 expiration.

Caryh

Male

Philippines

2013-12-18 12:53:00

http://k1visaexperts...is-deportation/

Cary, you really can't be putting out bad info like this...

There is no timeframe listed anywhere that I can find. In fact, I have read on other sites that some put off filing AOS on purpose to avoid the 2+1 year GC, and go straight for the 10-year GC. It's financially a LITTLE BIT cheaper to do it this way. And while waiting, the foreign spouse can't work. Period. That is all. She can drive, she can get an ID, she can get a bank account. And reporting marriage does NOT require an EAD or GC. Why? Cuz we reported ours before we filed for AOS. We also got her new passport in maiden name at the same time.

Just like I asked aaron2020 to do, show me one documented case where an out-of-status K1'er got deported. Cuz when I emailed USCIS about it in our situation, an agent explained to a DMV employee that my wife is out of status, but that it's a legal status for her as a K1. She never said anything about "hurry up and file AOS or we will send her back".

Also, IIRC, Hank's wife went in and out of ICE checkpoints just fine after I-94 and prior to AOS. Hope he pipes in to either dispel this or to dispel your claim above of a person having problems in that scenario.

Sorry man, but that is how vicious (and untrue) rumors spread here. Like wildfire. Gotta keep the facts straight.

The majority of states will no longer give a state ID or drivers license unless the applicant proves legal status through at least an EAD and for some states a green card. There are a few states that do not check, but not that many any longer.

After the I-94 expires, what status does the K-1 visa entrant hold? Do they have an unexpired visa or unexpired I-94? Do they have a green card? Are they legally here awaiting adjudication of an application? Since you're so sure the K-1 can not be picked up, what legal status do they have to currently be in the country?

And since you want to know of a case where the k-1 was deported for waiting too long, here's a link to a case.

They had even applied for the green card at the point she was deported, but it was too late as they let it go so long she was already ordered to leave. This may not be a common occurrence, and many people wait with no issue at all, but that does not give the K-1 legal status in the USA once the I-94 expires. At least until they actually apply for the green card.

Edited by Caryh, 18 December 2013 - 09:14 AM.

Caryh

Male

Philippines

2013-12-18 09:11:00

ok so she MAY be out of status for a month or so,,will this impact receiving her temp work/travel papers

after I file AOS?

Actually I had no earthly idea the AOS cost so much,,what a complete rip off,,,

it should be free,,I pay taxes,,,and I'm a veteran.

I will come up with the cash next month so uncle sugar will have to wait.

There will be no impact on receiving her EAD/AP or green card, by waiting a bit. Even those that wait a long time, just explain they didn't have the money, and its all good. But we're talking people waiting over a year. Some wait so long, they push it so long they ten year green card and avoid removal of conditions. Problem is she can't work, can't drive, can't get an ID etc... Even reporting the marriage to the Philippine consulate and they want to see a copy of the EAD or green card.

Ga! guy.. really.. if you have no spare money around take out a credit card and do a money advance.. the fee will be around 3 to 5% based on the card.. That's a fifty dollar penalty which is a grand grand gift for this lack of planning.

edit: So how long does a person have to file AOS.. at what point is it too late to file?

Its too late to file after the divorce. Or if she does get checked by ICE and brought before a judge, its too late after the judge's final date goes by.

Caryh

Male

Philippines

2013-12-17 15:06:00

But if he listens to some on here, we will run around in a panic. According to some people, not filing AOS right away means you are out of status, and deportable...

Technically, yes she is out of status and deportable. In practice, the only time you need worry is if you're passing through immigration check points. If she should get picked up, something that would suck, a judge would order them to file the AOS within so many days and release her. Most people don't live anywhere near where someone would get checked, so its not a big issue to wait a bit.

I planned and set aside the AOS cash before my wife got here to. But I ended up dipping partly into it during the wedding and had to wait a couple weeks. We still filed 21 days before the I-94 expired, but I wasn't worrying about that date. I was worrying about my wife who was so used to working she was going stir crazy stuck in the house.

Caryh

Male

Philippines

2013-12-17 14:57:00

Saw that one today while I was reading the guide from Delta airlines. I just wish I can find it here in the Philippines. If I ask the bf to ship one to me, it may cost $100 just for the shipping plus $55 for the carrier itself.

I wonder if cough syrup will work hahaha! My dog is pretty quiet. I'll just walk him for an hour before our flight so he'll sleep during the flight. what i'm worried about is the pee and poop lol

Not much choice if you want to bring the dog. I wouldn't feed your dog the day before, and the day of travel. You are going to want to hydrate her, and give her water during the trip. I'm not sure if they have puppy pads in the Philippines, but if you take the dog to the cr, you could put down a puppy pad to absorb the urine. She's going to have to go at least a few times over those 19 hours.

Caryh

Male

Philippines

2014-03-11 09:14:00

$200 is not so bad I guess. That person who posted another thread paid $700 and she flew United Airlines. Augh bringing a dog is too much trouble but I know I'll beat myself up when I feel the blues once I arrive in the US and I don't have my dog with me. I wonder if I can put the dog on my lap during the flight. Poor thing would have to stay under the seat for 19h yikes!

Maybe you can sneak the dog in the carrier back to the CR's. They're not much room, but at least she would be out for a little bit. I kinda of doubt they'll let you let the dog out around the cabin. Think about getting a tranquilizer for your dog, so she'll relax and sleep through the flight.

Caryh

Male

Philippines

2014-03-11 09:03:00

http://www.sherpapet.../delta-airlines

Exit fee? Dog isn't human. But being we are talking the Philippines... don't say that too loudly as someone will get that idea to create a new "tax"

Great carry on! still wouldn't work for my fat Shih Tzu cross though.

Funny you thought about the Philippines adding a tax to the dog if they realized they could, the thought went right along with mine.

Caryh

Male

Philippines

2014-03-11 08:59:00

http://www.delta.com...el-options.html

I did call Delta Manila office today and the lady I spoke with told me what size of kennel I need. The only problem is I can't find one in my area

Is there any exit fee for dogs? Do I have to pay for anything at the airport?

It wouldn't surprise me if the Philippines wanted a pet to go through the CFO joke po

Delta does charge a hefty fee to. I'm not sure what you can do about a kennel, the area under seats is pretty small, and the dog needs to be able to turn around.

CARRY ON YOUR PET

Dogs, cats and household birds* can travel with you in the cabin for a one-way fee*, collected at check in, to the following destinations:

U.S./Canada: $125 USD/CAD
Outside the U.S.: $200 USD/CAD/EUR

Caryh

Male

Philippines

2014-03-11 08:52:00

Hi Greenbaum, thanks for the link

I actually read that post before I posted my own thread. The thing is that person flew via United Airlines and I think they dropped their dog off at the cargo bay. can't do that with my dog because Delta won't allow it according to their Animal Breed Restrictions guide. Mine will stay right under the seat hehe.

I'm hoping a person who tried flying their pet via Delta (from Phils to US) can help me.

You're supposed to contact the airline about the size of kennel that will fit under the seat ahead of you on your flight. The space under seats is pretty darn small, so I'm glad your dog is small. We have a Shih Tzu cross, which is about 20 pounds, so no way would she fit in a kennel that fit under a seat. There's also a limit to how many dogs can be in cabin on a flight.

There is also the Pet First program with Delta which allows snub nosed breeds, but it also has the exception of the temps must not exceed 75 Fahrenheit for any portion of the journey. And I have no idea how you'd avoid that from the Philippines.

Caryh

Male

Philippines

2014-03-11 08:16:00

They say it tastes like heaven and smells like hell. I remember the Marco Polo hotel in Davao frisking me before entering to make sure I didn't have any weapons or Durian

The Marco Polo is just a wind shift from smelling like Durian.

Caryh

Male

Philippines

2014-03-17 15:22:00

Durian, no matter the source - Phil, Thai, Chinese....fresh, frozen, ice cream, pastry...no problema, quite delicious.

Balut, sorry I cannot ingest enough San Miguel before attempting to eat balut (again...lol )....

YMMV

Durian tastes good when I can get past the smell. I've only done that so far with durian imported to the USA so far. Next time in Phils will be my big test if I've learned to get past the smell though. As it is, I can tell when we're within a mile of the durian market in Davao City.

Caryh

Male

Philippines

2014-03-17 14:11:00

not where I shop - it's from Malaysia, the 11 shops here in Houston that I attend

Maybe you suffer from the northern passage?

Ship one of them up for my wife. She'll be able to tell me if it reeks enough to compare to her home grown stuff. Don't worry about our post office here, they're used to dried fish even already

Could be we get them from Malaysia to, but the ones I've bought here so far have been from Thailand.

Edited by Caryh, 17 March 2014 - 02:06 PM.

Caryh

Male

Philippines

2014-03-17 14:05:00

no durian? pansies. but for chrissake don't put it in the luggage....

available in usa for purchase, almost every asian market you can find.

Durian in the USA is mostly from Thailand. The smell of which is like roses compared to what they grow down in Mindanao. After having had what gets imported here, I'm prepped to once again try that southern Philippines durian. I am not so sure I'll be able to taste it over the smell though.

Caryh

Male

Philippines

2014-03-17 14:01:00

I don't think I've had durian, only jackfruit....

You would certainly know if you'd tried it. I do not believe most adults trying it for the first time manage to get it down, and it often brings up the last meal to. And that includes Filipinos from the northern islands. Keep away from those Mindanao girls and you should be safe. Jackfruit is good!

Caryh

Male

Philippines

2014-03-17 13:56:00

I love balut, the wife can't abide the thought of it. I always eat it in the dark, however.

Eating it in the dark helps, so does massive amounts of red horse. Nothing helps with durian though. Just enough tries until it actually starts to taste good. Its a little like banging your head into the wall until it feels good.

Caryh

Male

Philippines

2014-03-17 13:48:00

^^^ If it isn't banned, it should be banned!!! lol

The same with tuyo!!! lol

You better be careful with that, your wife might demand you eat balut or durian before ever getting in her panties again.

Caryh

Male

Philippines

2014-03-17 13:17:00

https://help.cbp.gov...50UGw=/search/1

Magic Sarap contains chicken, chicken is not allowed. You can bring personal amounts of dried fish though. Bagoong can be brought, but its pretty easy to buy in the USA and you don't want it getting broken in your bags!

Animal Products and Animal By-Products:

Meat, milk, egg, poultry, and their products, including products made with these materials, such as dried soup mix or bouillon, are either prohibited or restricted from entering the United States, depending on the types of animal diseases which occur in the country of origin. Fresh (chilled or frozen), dried, cured, and fully cooked meat is generally prohibited from most countries. Canned meat is allowed entry, except beef, veal, lamb, mutton, venison, elk, bison, etc., from countries affected by bovine spongiform encephalopathy (BSE).

Products containing raw egg ingredients are prohibited from most regions.

Eggs and egg products from Exotic Newcastle Disease (END) and Highly Pathogenic Avian Influenza (HPAI) affected regions, including cooked eggs, if not accompanied by a USDA Veterinary Service import permit remain prohibited regardless if those items are for personal consumption. Effective February 15, 2012, travelers may once again bring fully cooked eggs from Mexico into the U.S.

Pork should be commercially canned and labeled in unopened containers. Pork and pork products are not admissible from Mexico, except for cooked pork in small amounts for a meal.

Effective January 14, 2010, cooked pork skins (also known as pork rind) entering as commercial cargo or in passenger baggage from regions affected with foot-and-mouth disease (FMD), swine vesicular disease (SVD), African swine fever (ASF), or classical swine fever (CSF) must be accompanied by an original certificate issued by an official of the National Government of the region of origin.

Caryh

Male

Philippines

2014-03-17 10:40:00