Received NOA 1, am I considered legal until denied?

[10pmStalker 6]

I filed my I-130 and received NOA1, waiting for NOA2 now. I found this on the forums posted a few years ago. I see so many conflicting posts I have no idea what's correct

"Status pending" is not out of status.

Once the AOS petition has been accepted and the NOA1 been issued, the applicant / beneficiary is legally present in the US pending the adjudication of his or her AOS application. There will be no detainment and no waterboarding of any sort.

[Merrytooth 5,748]

Did you also file I-485 concurrently with your I-130?

thank you

[10pmStalker 6]

No I didn't. Money is a bit tight so we are waiting til the I-130 gets accepted.

[kzielu 1,149]

I filed my I-130 and received NOA1, waiting for NOA2 now. I found this on the forums posted a few years ago. I see so many conflicting posts I have no idea what's correct

"Status pending" is not out of status.

Once the AOS petition has been accepted and the NOA1 been issued, the applicant / beneficiary is legally present in the US pending the adjudication of his or her AOS application. There will be no detainment and no waterboarding of any sort.

All great - except I-130 alone has nothing to do with AOS. You asked this question before. I-130 doesn't give you any status, so if you have any other status (tourist, student, whatever), you are legal, if you don't then you're illegal. I-130 has nothing to do with it.

[Merrytooth 5,748]

You have to file I-130 with I-485 together!

Filing only I-130 give you no legal status in US.

Only when you file I-485 (AOS), then you are official under a "period of stay authorized by the Attorney General".

(FAQ Note: This is due to being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application)

[Pitaya 2,577]

What type of visa are you adjusting from?

[Mollie09 1,543]

No I didn't. Money is a bit tight so we are waiting til the I-130 gets accepted.

You are out of status until you file the I-485, the I-130 doesn't grant you authorized stay.

With a pending I-485 (after USCIS officially accepts it and you have receipt notices) you enter a period of authorized stay until the I-485 is adjudicated. File ASAP, borrow money if you have to. You could get deported before you have the receipt notices showing you filed.

All great - except I-130 alone has nothing to do with AOS. You asked this question before. I-130 doesn't give you any status, so if you have any other status (tourist, student, whatever), you are legal, if you don't then you're illegal. I-130 has nothing to do with it.

This is the same poster who talked about traveling to Hawaii without getting stopped even though they're out of status. So I'm assuming no status as of right now.

Edited July 15, 2014 by F1H1I130

[Merrytooth 5,748]

The OP had been advised on what to do on the previous thread:

http://www.visajourney.com/forums/topic/495597-traveling-within-give-50-states-on-expired-stay/

[funkymunky 11]

Definitely file the AOS asap as suggested by other users, the longer you wait the messier and harder your situation will become.

Would you rather wait and risk being caught out by something mundane like a traffic violation, which would probably lead to your deportation and possibly a ban?

Borrow the money from family and get it done!

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[belinda63 3,038]

All the I-130 does is establish there is a relationship for which you can apply for an immigrant visa. It is the initial step for any spousal visa.......even for the people outside the US. It grants zero rights to be in the US. It is not a visa nor an application for a green card. It is a petition for a spouse to be permitted to file for an immigrant visa.

The I-485 is to adjust status.....it is an application for a green card.

A filed and accepted I-130 grants you no status in the US nor does it give you permission got be here. Only when you receive the NOA-1 for the I-485 (application to adjust status) do you enter a period of authorized stay.

To answer your question: If your spouse filed only the I-130 and no I-485 was filed you are subject to detention and deportation at any time.

[10pmStalker 6]

All the I-130 does is establish there is a relationship for which you can apply for an immigrant visa. It is the initial step for any spousal visa.......even for the people outside the US. It grants zero rights to be in the US. It is not a visa nor an application for a green card. It is a petition for a spouse to be permitted to file for an immigrant visa.

The I-485 is to adjust status.....it is an application for a green card.

A filed and accepted I-130 grants you no status in the US nor does it give you permission got be here. Only when you receive the NOA-1 for the I-485 (application to adjust status) do you enter a period of authorized stay.

To answer your question: If your spouse filed only the I-130 and no I-485 was filed you are subject to detention and deportation at any time.

Thanks for clearing that up. Going to start the process for the I-485 ASAP.