Does NOA1 or NOA2 keep me safe?

[Bobby+Umit 161]

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?

Yes - that is why your legal status is called "applicant to adjust status" because the NOA acknowledges that you have applied for AOS.

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).

Avg. time is 2 weeks - that will vary. Sending it in fast by no means it will get back to you faster, but it doesn't hurt.

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.

Depends on what is missing. Wrong check amount, for example, they would probably send back the whole thing. Just like they do with other applications/petitions. When the package gets to the place, they most likely check a checklist to ensure certain things are there, and either accept it or reject. Once it gets really inspected, that is where they look more in depth and would probably generate RFE's then sending it back en masse

Now - stop worrying and put in your AOS if you haven't done so yet.

[Nich-Nick 3,354]

I don't just make this stuff up. From the adjudicators Field Manual:

10.1 Receipting and Acceptance Processing.

( a ) Receipting of Applications and Petitions at Service Centers

(2)

Screen for Applications and Petitions Which Must Be Rejected

. No application form may be accepted for processing unless it is completed and signed and the proper fee submitted [see 8 CFR103.2(a) .]. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.

Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.

( c ) Initial Evidence Requirements . [Chapter 10.1© update effective June 18, 2007] Certain requirements must be met before USCIS may consider an application or petition for possible approval. The instruction sheet for an application or petition includes requirements for proper filing of each type of application or petition. Every application or petition, regardless of the benefit sought, must include complete information in all required blocks, be signed, and – unless the fee is waived – include the correct fee.

If an application or petition lacks the required initial evidence, USCIS may deny the incomplete application or petition, though adjudicators are urged to exercise this option judiciously, or issue a request for evidence (

RFE

). USCIS may assign flexible times for applicants or petitioners to submit a response to an

RFE

. See Appendix 10-9 . However, the maximum time to respond cannot exceed 12 weeks. 8 CFR 103.2( B )( 8 )(iv).

If you want to look at a simple list of some submissions to see how the times vary, then here's our UK AOS Timeline. It does not require a log in, but if you already have a google or gmail account it may redirect you to a google login page. That would be your google login, nothing about restrictions on this document.

Edited June 20, 2009 by Nich-Nick