Does NOA1 or NOA2 keep me safe?

[SuperW 0]

When applying for AOS... If my I-94 has expired, is NOA1 (showing receipt of AOS documents) enough to keep me "safe" from ICE? Or do I have to wait for NOA2 (actual approval)? I see people here who say you are safe from ICE once "NOA" is received, but I never know which one they are referring to - NOA1 or NOA2.

P.S. When I say ICE, I mean Immigration and Customs Enforcement.

[TBoneTX 46,117]

You have no timeline yet; please create one so that we can more readily help you. If you married and also applied for AOS when your I-94 was still valid, you should be just fine. You adhered to the expectations. If you married within the 90 days but applied for AOS shortly after that time (after your I-94 expired), and you have the NOA1 in hand, you should still be fine.

For your peace of mind, I recommend in the strongest terms that you keep with you (at all times) your foreign passport, a copy of your marriage certificate, and a copy of your NOA1 for the AOS. (These three things prove who you "were," who you "are," and who/what you will be.) Also, until you have your Advance Parole (if you applied for it) or your NOA2 for the AOS, try to avoid traveling in the U.S. within 100 miles of the Mexican border, or anywhere where an inland CBP (Customs & Border Protection) station might be.

Perhaps it was overkill, but I had my wife carry EVERY interim piece of documentation with her until her green card arrived. That was for her protection, yes, but even more for MY peace of mind.

Is there anything behind your question that would cause you extra concern, or are you simply trying to cover all of your bases properly?

Edited June 19, 2009 by TBoneTX

[SuperW 0]

I guess a little of both... I'm mainly trying to figure out when to mail in my AOS application, because my I-94 expires on Sunday, but I also want to make sure the paperwork and documents are all correct (to prevent any RFE). I guess I'm a little confused what exactly determines the date it was filed. I had wanted to express mail it today with "proof of receival" option, but couldn't, so now if I mail it tomorrow I'm guessing nobody can sign for it until Monday. I'm guessing this would make it technically late in the ICE's eyes, right? (Like if I ran into one of them or a police officer in two weeks, and they saw that the date and the "proof of receipt/receiving" is showing the package arrived a day late?). I guess we'll call that scenario #1/question #1... Next question (#2) for this same scenario (nobody signing for it until Monday and running into law enforcement 2 weeks later)... What if I have my NOA1 by that point (along with all my other supporting docs)? Will I be safe then, or STILL potentially be in trouble?

Question #3, same scenario as above... What if I have proof showing that I at least mailed it before expiration? Assuming I had this plus all the same docs as above including NOA1, would I be ok?

Sorry, but one more question (#4, more general). I saw another thread saying that you know you are completely safe "once you get the I-797C, which most people call the NOA1." Is the I-797C the same NOA1 I'm talking about, (the document from USCIS acknowledging they have received your AOS application - not to be confused with postal "proof of receival" I talked about earlier). Or does it have something to do with EAD (and if so, what exactly? And does it truly keep me safe..)?

I apologize for so many questions and if that last part got too complex. I have nothing to hide, but I just don't want to have to feel like I'm "hiding" or "laying low" unless I have to - that would be an unsettling feeling. And if I do have to do that, I want to know exactly what document I need to make things things fine again if I file for AOS a few days late. Hopefully you can understand. While it would be nice to have all of the above questions answered, if you can't, 1-3 are the most important.

P.S. I apologize for not having my timeline filled in yet, but will soon - I am new here. I'm glad I've found such a nice forum though.

[Nich-Nick 3,354]

Just an opinion here---I think you are over worrying when you get into proof of mailing, etc. Just do a good job of your paperwork and mail as soon as you can. They don't start looking for you the day your I-94 expires. Better to have it perfect than rushed and something left out (like your check). Then they mail the whole packet back rather than giving you a NOA1/receipt of filing.

Another thing, local law enforcement (city police, state highway patrol) don't really know US immigration laws that well. Even having a NOA1 receipt might not mean a thing to them so you could find yourself explaining away despite any documentation. K1s just have that odd limbo-land where they are in between. Mostly you would be stopped for speeding or traffic violations. If you were working illegally, then your place of work could be raided. So just get on with being a law abiding citizen and you should be fine. If you are Mexican and live or visit close to the Mexican border, then yeah there might be more awareness of looking for illegals. If you're a Brit in middle America then illegals might not be the hot topic. You are safest with a green card or even an EAD, but if it came down to a state trooper turning you over to US immigration, then those are the folks who know you can stay awaiting AOS. You're wise to try to file before the I-94 expires, but if you miss it a day or two, then it's not a huge thing. If you wait a year, then you are assuming more risks, but even those people get green cards with no problems.

[SuperW 0]

Just an opinion here---I think you are over worrying when you get into proof of mailing, etc. Just do a good job of your paperwork and mail as soon as you can. They don't start looking for you the day your I-94 expires. Better to have it perfect than rushed and something left out (like your check). Then they mail the whole packet back rather than giving you a NOA1/receipt of filing.

Another thing, local law enforcement (city police, state highway patrol) don't really know US immigration laws that well. Even having a NOA1 receipt might not mean a thing to them so you could find yourself explaining away despite any documentation. K1s just have that odd limbo-land where they are in between. Mostly you would be stopped for speeding or traffic violations. If you were working illegally, then your place of work could be raided. So just get on with being a law abiding citizen and you should be fine. If you are Mexican and live or visit close to the Mexican border, then yeah there might be more awareness of looking for illegals. If you're a Brit in middle America then illegals might not be the hot topic. You are safest with a green card or even an EAD, but if it came down to a state trooper turning you over to US immigration, then those are the folks who know you can stay awaiting AOS. You're wise to try to file before the I-94 expires, but if you miss it a day or two, then it's not a huge thing. If you wait a year, then you are assuming more risks, but even those people get green cards with no problems.

Thank you so much for replying. Your words sound reassuring, but I just want to be sure I understand one thing completely... In my original question, when I said "safe," I guess what I meant was "safe from being deported." Judging by part of your response, it sounds like this (deportation) cannot happen. But are you sure about this? I only ask because I'm pretty sure I saw a few other posts in here saying it can happen (of course, I forgot to bookmark).

So I guess my main question is this... Suppose a person arrives on a K-1, gets married within 90 days, but their I-94 expires before they file for AOS. They plan to do it in a week or two, but just don't get around to it. In the meantime - before getting a chance to file or even send in their paperwork - they have a run in with law enforcement (like their fiancee gets pulled over for speeding, for example...). When all is said and done, can this person be deported? Or does the fact they got married within 90 days mean that legally, they are ok and cannot be deported?

I know I probably sound paranoid, but I've learned that life can sometimes bring the unexpected, and simply want to know what my rights are.

SuperW

P.S. Since my I-94 expires on Sunday, I suppose it makes no difference whether I mail my AOS package today or next week, right? (I ask this meaning regardless of the answer to the above, but let's not let this last question take over the thread if possible. In other words, if you can answer it, great, but please don't answer it and ignore the main question ).

[griz30 0]

Yeah, just relax...even if your I-94 expires you still have 180 days to mail it before things get hairy.

[SuperW 0]

Yeah, just relax...even if your I-94 expires you still have 180 days to mail it before things get hairy.

Thanks, but answered it and ignored the main question...

[Gary and Alla 3,694]

You have no timeline yet; please create one so that we can more readily help you. If you married and also applied for AOS when your I-94 was still valid, you should be just fine. You adhered to the expectations. If you married within the 90 days but applied for AOS shortly after that time (after your I-94 expired), and you have the NOA1 in hand, you should still be fine.

For your peace of mind, I recommend in the strongest terms that you keep with you (at all times) your foreign passport, a copy of your marriage certificate, and a copy of your NOA1 for the AOS. (These three things prove who you "were," who you "are," and who/what you will be.) Also, until you have your Advance Parole (if you applied for it) or your NOA2 for the AOS, try to avoid traveling in the U.S. within 100 miles of the Mexican border, or anywhere where an inland CBP (Customs & Border Protection) station might be.

Perhaps it was overkill, but I had my wife carry EVERY interim piece of documentation with her until her green card arrived. That was for her protection, yes, but even more for MY peace of mind.

Is there anything behind your question that would cause you extra concern, or are you simply trying to cover all of your bases properly?

Yes, you are safe. As Tbone suggests I would recommend keeping those things tucked into your passport and keep it with you until you have your green card, my wife did and we do not live in an area of the ocuntry where such things are vigorously enforced, but it is a good idea.

[griz30 0]

The ICE are not interested in people who are following the process, The NOA of the AOS stops the clock and puts you in a safe zone, but to carry all that paperwork is just asking to misplace it. I put all my wifes stuff in our Fire proof safe and left it there until we needed it. I just took her to the department of Motor Vechiles and got her an ID card so she could go places (bank, Bar, casinos, etc....places that require ID's)

[Nich-Nick 3,354]

Here, try sorting through this http://www.uscis.gov/files/pressrelease/PofStay4023Pub.pdf

It speaks of timely filing (before your I-94 expires) and "period of stay authorized by the Attorney General". Basically if you file late you are out of status and didn't follow the timely filing rules, but there is verbiage saying it can be forgiven in the discretion of the Service.

So yes, filing late is lawfully bad, but there are thousands of people who provide anecdotal evidence that nothing happened to them. This is something you should have worried about 85 days ago. We planned for AOS and married and filed within 8 days of POE because it was our personal priority. Some people have other priorities like a nice wedding and honeymoon and relatives flying over that takes time. Now just do a good application asap and hope for a speedy approval. There's nothing you can do to make up for your previous procrastination. Get over it and do the best you can and I'm 99.99% sure you won't have deportation proceedings started against you.

[SuperW 0]

The ICE are not interested in people who are following the process, The NOA of the AOS stops the clock and puts you in a safe zone, but to carry all that paperwork is just asking to misplace it. I put all my wifes stuff in our Fire proof safe and left it there until we needed it. I just took her to the department of Motor Vechiles and got her an ID card so she could go places (bank, Bar, casinos, etc....places that require ID's)

Some of last few are closer than others, but I think the main question is still being missed. If you read my post above (#5) carefully, I am talking about before the NOA of the AOS is received. Maybe it will help if I just paste the main question here:

"So I guess my main question is this... Suppose a person arrives on a K-1, gets married within 90 days, but their I-94 expires before they file for AOS. They plan to do it in a week or two, but just don't get around to it. In the meantime - before getting a chance to file or even send in their paperwork - they have a run in with law enforcement (like their fiancee gets pulled over for speeding, for example...). When all is said and done, can this person be deported? Or does the fact they got married within 90 days mean that legally, they are ok and cannot be deported?"

Does anybody know this?

[Nich-Nick 3,354]

Did you miss my post of the memorandum? That's about a close to an official answer that I can find. We don't know the answer.

And I just answered your PM.

[Bobby+Umit 161]

The ICE are not interested in people who are following the process, The NOA of the AOS stops the clock and puts you in a safe zone, but to carry all that paperwork is just asking to misplace it. I put all my wifes stuff in our Fire proof safe and left it there until we needed it. I just took her to the department of Motor Vechiles and got her an ID card so she could go places (bank, Bar, casinos, etc....places that require ID's)

Some of last few are closer than others, but I think the main question is still being missed. If you read my post above (#5) carefully, I am talking about before the NOA of the AOS is received. Maybe it will help if I just paste the main question here:

"So I guess my main question is this... Suppose a person arrives on a K-1, gets married within 90 days, but their I-94 expires before they file for AOS. They plan to do it in a week or two, but just don't get around to it. In the meantime - before getting a chance to file or even send in their paperwork - they have a run in with law enforcement (like their fiancee gets pulled over for speeding, for example...). When all is said and done, can this person be deported? Or does the fact they got married within 90 days mean that legally, they are ok and cannot be deported?"

Does anybody know this?

Short answer, yes, if the I-94 is expired, and you do not have the NOA for the submission of the AOS (as in you never filed for the AOS), you are Out of Status, subject to deportation.

ICE would be the one you would be worried about, not local law enforcement.

Marriage, even if done within the 90 days, does not make them safe. NOA from the AOS makes them safe. From my reading, USCIS isn't that concerned (the ones doing the AOS process), ICE is the one that causes issues.

The NOA actually places their status legally into "applicant to adjust status"

With that said - unless you get ICE on you, your ok. There are posts here where bad things have happened, some even with the NOA, mostly time and trouble proving you are legal. (here is one example - read the 2nd page)

So - don't delay and get that AOS in on time!

[SuperW 0]

Did you miss my post of the memorandum? That's about a close to an official answer that I can find. We don't know the answer.

And I just answered your PM.

Sorry - I think we were writing at around the same time and maybe there was some crossover, so I did miss the post but have seen it now. I will read your PM when I get a chance. Thank you.

[SuperW 0]

Short answer, yes, if the I-94 is expired, and you do not have the NOA for the submission of the AOS (as in you never filed for the AOS), you are Out of Status, subject to deportation.

ICE would be the one you would be worried about, not local law enforcement.

Marriage, even if done within the 90 days, does not make them safe. NOA from the AOS makes them safe. From my reading, USCIS isn't that concerned (the ones doing the AOS process), ICE is the one that causes issues.

The NOA actually places their status legally into "applicant to adjust status"

With that said - unless you get ICE on you, your ok. There are posts here where bad things have happened, some even with the NOA, mostly time and trouble proving you are legal. (here is one example - read the 2nd page)

So - don't delay and get that AOS in on time!

Thanks... The only questions I have left are...

1). - When you say "the NOA for the submission of the AOS", that is simply the notice you receive in the mail stating they've received your application, right?

2). - If the answer to question #1 is correct... How long does it typically take to receive the above notice after mailing in your packet? (I'm assuming it would average within two weeks if I had to guess, but I'm not sure... BTW, I will be express mailing it in, if that helps the overall time estimate).

3). - If something is imperfect or even completely missing from the application (for example, a missing birth certificate or something like that)... Do they ever just send back the entire packet rather than just accepting and sending an RFE? Someone on here said this, but I'm not sure if that is misinformation or true.