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Posted
Hello guys

My I-94 has expired , and now I am applying AOS soon what documents do I need to bring.. ?

I dont have SSN yet

AOS Guide

Make sure you do it ASAP, your currently out of status, and it can cause problems with ICE.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Hello guys

My I-94 has expired , and now I am applying AOS soon what documents do I need to bring.. ?

I dont have SSN yet

AOS Guide

Make sure you do it ASAP, your currently out of status, and it can cause problems with ICE.

Hello

What do you mean out of status ?

Basically you are a illegal alien and if caught you are subject to deportation until you file for AOS!

Doesn't happen much but it has happened. Especially near Mexican border.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted
Hello guys

My I-94 has expired , and now I am applying AOS soon what documents do I need to bring.. ?

I dont have SSN yet

AOS Guide

Make sure you do it ASAP, your currently out of status, and it can cause problems with ICE.

Hello

What do you mean out of status ?

Basically you are a illegal alien and if caught you are subject to deportation until you file for AOS!

Doesn't happen much but it has happened. Especially near Mexican border.

Out of Status:

Out-of-Status

A person is defined "out of status" if the person violates the terms and conditions of the person's immigration status in the United States. The following are examples of a violation of a person's immigration status: unauthorized employment; failure to attend classes without legal excuse; staying in the United States beyond the expiration date of a Form I-94.

Well - I wouldn't go as far as to say "illegal" - the OP entered legally, just merely out of status, a difference, subtle, but still there.

All will be taken care of once they get the NOA for the AOS.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Hello guys

My I-94 has expired , and now I am applying AOS soon what documents do I need to bring.. ?

I dont have SSN yet

AOS Guide

Make sure you do it ASAP, your currently out of status, and it can cause problems with ICE.

Hello

What do you mean out of status ?

Basically you are a illegal alien and if caught you are subject to deportation until you file for AOS!

Doesn't happen much but it has happened. Especially near Mexican border.

Out of Status:

Out-of-Status

A person is defined "out of status" if the person violates the terms and conditions of the person's immigration status in the United States. The following are examples of a violation of a person's immigration status: unauthorized employment; failure to attend classes without legal excuse; staying in the United States beyond the expiration date of a Form I-94.

Well - I wouldn't go as far as to say "illegal" - the OP entered legally, just merely out of status, a difference, subtle, but still there.

All will be taken care of once they get the NOA for the AOS.

Yeah well if caught they may l have to attend a removal proceeding and could be deported. May not be "illegal" but I don't know what else you'd call it.

It recently happened in Texas. Border patrol check a good distance from the border busted a filipina for such. They had to fork up $4,000 for a lawyer to beat the remval proceedings.

Yes MANY get away with not filing for AOS before the I-94 expires. Some even wait 2 years so they won't have to remove conditions and they can get a 10 year GC but they are pushing it. I guess if you lived in Alaska you wouldn't have to worry about much.

Most filipinas are brown skinned and could easily be mistaken for a Mexican.

Bottomline is to stay away from border states if you are out of status.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Scotland
Timeline
Posted

Surely the fact that the fiance/e become an immediate relative of a US citizen gives him/her some leway on that. (I heard this from a Lawyer).

From USCIS = "Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions,"

I only ask because I have seen this question ALL around the board and it seems people have very different opinions that I would like to hear.

29/06/2004 Met online

24/10/2004- Officially started dating!

-Various Trips Between the USA and Scotland-

25/12/2007- Steven Proposed, and gave me a lovely Ring!

29/02/2008- Sent I-129F to VSC

22/09/2008-1pm - Recieved Visa!

04/11/2008 -Steven comes back to Scotland for the Celebrations!

09/11/2008- We return home together!

23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.

09/4/2009- Sent AOS

11/4/2009- Received and signed for

20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)

20/4/2009- USCIS cashed check for $1010

09/5/2009- Biometrics

11/5/2009- Case transferred to CSC

05/6/2009- Received AP

09/6/2009- Received EAD

22/7/2009- Approved!

27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC

23/5/2011-NOA1

12/07/2011- Biometrics

Posted
Its total BS because it is impossible to get a green card before the I-94 expires. Whenever I bring my wife to any sort of appointment I tell her to bring her AOS receipt just in case a problem arises about her "expired" I-94.

Yeah there is NO way you can get the GC in 90 days. However to be legal alls you have to do is file to adjust status. You won't be out of status then. You only need the NOA1 which puts your status as "adjusting status" and you're are OK.

Hard to do that also sometimes as it can be difficult to get the marriage certificate in time sometimes.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted
Surely the fact that the fiance/e become an immediate relative of a US citizen gives him/her some leway on that. (I heard this from a Lawyer).

From USCIS = "Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions,"

I only ask because I have seen this question ALL around the board and it seems people have very different opinions that I would like to hear.

I "heard" especially from a lawyer don't count.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Its total BS because it is impossible to get a green card before the I-94 expires. Whenever I bring my wife to any sort of appointment I tell her to bring her AOS receipt just in case a problem arises about her "expired" I-94.

Yeah there is NO way you can get the GC in 90 days. However to be legal alls you have to do is file to adjust status. You won't be out of status then. You only need the NOA1 which puts your status as "adjusting status" and you're are OK.

Hard to do that also sometimes as it can be difficult to get the marriage certificate in time sometimes.

Well we got caught in the loophole because we tried to get an SSN after the I-94 expired, but after we had a the AOS receipt (and were told we couldn't get the SSN). Basically when you are awaiting AOS you are in limbo & that's the part that irritates me.

FamilyGuy_SavingPrivateBrian_v2f_72_1161823205-000.jpg
Filed: AOS (apr) Country: Philippines
Timeline
Posted
Surely the fact that the fiance/e become an immediate relative of a US citizen gives him/her some leway on that. (I heard this from a Lawyer).

From USCIS = "Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions,"

I only ask because I have seen this question ALL around the board and it seems people have very different opinions that I would like to hear.

you can be married to a USC and still be deported if you do not have "status"... The leeway you are granted is that as long as you entered with inspection then if you are married to a USC then your status can be "repaired" from inside the USA. But you still need to follow the process...

YMMV

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Surely the fact that the fiance/e become an immediate relative of a US citizen gives him/her some leway on that. (I heard this from a Lawyer).

From USCIS = "Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions,"

I only ask because I have seen this question ALL around the board and it seems people have very different opinions that I would like to hear.

you can be married to a USC and still be deported if you do not have "status"... The leeway you are granted is that as long as you entered with inspection then if you are married to a USC then your status can be "repaired" from inside the USA. But you still need to follow the process...

Thanks A lot for your advises guys .. I really appreciated it ...

Filed: AOS (apr) Country: Scotland
Timeline
Posted
Surely the fact that the fiance/e become an immediate relative of a US citizen gives him/her some leway on that. (I heard this from a Lawyer).

From USCIS = "Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions,"

I only ask because I have seen this question ALL around the board and it seems people have very different opinions that I would like to hear.

you can be married to a USC and still be deported if you do not have "status"... The leeway you are granted is that as long as you entered with inspection then if you are married to a USC then your status can be "repaired" from inside the USA. But you still need to follow the process...

Thanks :thumbs: a much more informative answer than Haole.

29/06/2004 Met online

24/10/2004- Officially started dating!

-Various Trips Between the USA and Scotland-

25/12/2007- Steven Proposed, and gave me a lovely Ring!

29/02/2008- Sent I-129F to VSC

22/09/2008-1pm - Recieved Visa!

04/11/2008 -Steven comes back to Scotland for the Celebrations!

09/11/2008- We return home together!

23/01/2009- Wedding!!!

Your I-129f was approved in 108 days from your NOA1 date.

Preparing AOS Forms.

09/4/2009- Sent AOS

11/4/2009- Received and signed for

20/4/2009- Received NOA for AOS/EAD/AP (Dated April 17th)

20/4/2009- USCIS cashed check for $1010

09/5/2009- Biometrics

11/5/2009- Case transferred to CSC

05/6/2009- Received AP

09/6/2009- Received EAD

22/7/2009- Approved!

27/7/2009- Greencard in Hand

Removal of Conditions.

15/5/2011- Received @ VSC

23/5/2011-NOA1

12/07/2011- Biometrics

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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