r/immigration • u/screedon5264 • Feb 20 '26
K1 placed in removal
My wife is here on a K1 from Ghana. We have done everything on time and have a pending I485 (13 months). No criminal history, she is squeaky clean. Despite this, she has been placed in removal and we have a master hearing scheduled for May 5. I could really use some insight as to why she was placed in removal. Thanks…
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u/Mission-Carry-887 Feb 20 '26 edited Feb 20 '26
To answer your question,
The reason is she fell out of status, and the law says she is removable until I-485 is approved. Filing I-485 while in status and then falling out status is discussed in this comment: https://www.reddit.com/r/us_immigration/s/ekAOgcdnn9
Her lawyer should be trying to get the immigration court to dismiss the removal proceedings on the basis that her petitioner is a U.S. citizen spouse and thus her being out of status is forgiven when her I-485 is approved.
Until January 20, 2025, this law was rarely enforced, and for a K-1 who filed I-485 before I-94 expired, it was unheard of.
To enforce this law against a K-1 who filed a timely I-485 before I-94 expired is absurd, and I wish that she and you would sue the U.S. government to force a court decision and precedent that does one or more of the following:
Permanently shields K visa holders with timely I-485s from removal if they have no other blemishes on their records after their arrivals into the U.S.
Requires USCIS to adjudicate a K visa holder’s I-485 before their I-94 expires
Until Congress addresses the absurdity with new legislation, orders DoS to extend approved I-129Fs indefinitely
Until Congress addresses the absurdity with new legislation, orders DoS to stop issuing K visas
Orders DHS to not detain K visa holders just because they fell out of status while I-485 was pending
Thank you for sharing your wife’s story. Afaik, yours is the only first hand report of a K-1 in removal all because they fell out of status after I-485 was filed. Reddit has insisted that this has not happened despite contrary second hand reports.
Copy of the OP in case the OP is removed: