US Immigration and Customs Enforcement (ICE) has just detained one of VisaCoach’s K1 Fiancee Visa Clients. She is currently being held at a Texas Detention Center facing deportation.

She married her American fiancee on time, within 90 days of arrival. They had started to work with VisaCoach on her adjustment of status application.

Unfortunately, the couple had some domestic drama. She moved out. She was living at a women’s shelter. Someone, we suppose a member of staff at the shelter got a hold of her passport, noticed she had barely overstayed her visa then called and reported her to ICE. She had been in the USA for 110 days. She had overstayed her visa by only three weeks. We have helped other clients who had overstayed for years without any fuss.

Under normal circumstances, ICE would have ignored this as being too trivial an issue. They have much bigger fish to fry with millions of undocumented aliens who illegally entered the USA.

ICE takes Action to detain and deport

But this time, ICE took action, they came to the shelter in force and picked her up. Now she is in a cage in a detention center on the border with Mexico.

Her husband (they have reconciled) is desperately trying to keep her in the USA.

Now it’s a race between adjusting her status to a lawful resident, or deportation.

Late AOS Filing better than none

We rushed to complete and submit her Adjustment of Status application. The couple’s attorney, advised that when she comes before an immigration judge for her deportation hearing, that showing proof that she was married to a US citizen and that an AOS application had been filed, might sway the judge to deny the deportation order and release her from custody.

But it may be a close race, even though USCIS has by now received her AOS petition, it is usually a few weeks, sometimes months, before USCIS confirms that the application is in process by issuing a receipt. Once the case is “in process” her immigration status changes from “overstayed” to “pending”. Under normal circumstances when an alien’s immigration status is “pending” they can lawfully remain in the USA while the case is adjudicated.

We hope that ICE does not push the case and deport her before evidence of the USCIS receipt can be presented.

ICE responds to White House Pressure

ICE appears to be responding to pressure by the Trump administration, working to detain and deport as many as they can, as quickly as they can.  This action probably taken in order to provide headcount statistics to show Trump’s campaign promises on immigration are being kept.

We don’t know what is going to happen in this case. We hope things will work out, that the gal and her spouse will be reunited on this side of the wire. Maybe in a month or two we will have an answer.

What should You do?

Normally, in the past, USCIS couldn’t care less if a K1 visa traveler overstayed, as long as eventually the Adjustment of Status application was submitted. Routinely clients could be comfortable to hold off submitting their applications as late as 5 months after the 90 day expiry date of the “allowed stay”. Normal practice was that to submit within 240 days of arrival would not cause any issues.

Submit AOS within 90 days of arrival

Based on this recent experience, best practice is that clients apply much earlier, as close to the 90 day allowed stay as possible. And of course, before submitting, the foreign k1 visitor should stay close to home. Don’t go “walk about”. Don’t create an opportunity for some evil person to report an overstay to ICE.

Overstays stated on AOS application 

Under the current Trump Administration a revised version of the I-485 Form was issued. A NEW question has been added. “Have you (ever) been unlawfully present in the United States”?  This means that even if an overstay was a single day, the applicant must now officially report it and bring it to USCIS’s attention. The form is new, and I don’t have too many clients that overstayed, however I worry that one day USCIS may start making trouble for those who have overstayed before submitting their application for lawful residency. The latest I-485 now has their signed confession they overstayed. What USCIS may do with this is unknown but is certainly a concern.

Marry early, work on AOS early too !

My advice going forward is: You should marry as soon after arrival on the K1 fiancee visa as you can, then complete and submit your application for Adjustment of Status within the 90 days of allowed stay.

If you MUST overstay, minimize time “out of status”.

VisaCoach is available to help you prepare a strong and well documented AOS application. But REMEMBER it takes time to do things correctly. It takes time to generate valid evidence and document it.

VisaCoach ready for Fast Start on AOS

When a K1 client returns and hires us for Adjustment of Status, we already know them pretty well, so we immediately start the process off by posting at their online portal, a detailed evidence checklist on what is needed for AOS. On the same day you hire VisaCoach, you get detailed guidance and can get a running start working on the evidence that is needed. You fill out our questionnaires with updated background details and send them to us later. The sooner we start, the earlier we can submit the application while having enough time to do it “right”.

If I have news on developments of my client who is in detention, or learn of other issues with overstays and/or new issues with Adjustment of Status I will be sure to pass it on.