Out of Status Concerns

[reilena 9]

Hello everyone,

My i-94 expires on the first week of November and by now I realized that we won't be able to send in my AOS documents until 2nd or 3rd week of November (insurance and bank docs are such a pain) which effectively puts me on "illegal status". I've done my research and I learned that USCIS / CBP or ICE (Immigration Customs Enforcement) can technically take it against you if you do not adjust status right away. A lot of people say to just stay indoors or don't travel interstate until you get your greencard. This is literally impossible for me especially for Christmas as we've already book tickets way ahead to visit my in-laws in the east coast (I live in LA).

I'm very concerned about this since my passport is literally the only form of ID I use to go to bars, get drinks, or generally any place that needs identification and I don't want them to think that I'm overstaying because of the huge stamp there that says until November only.

I don't know if I'm being overtly paranoid or what although I'm definitely worried. Any advise?

Edited October 14, 2015 by reilena

[Transborderwife 4,666]

First off, the bars won't care for id. You should be fine.

[Umka36 781]

Aren't you able to just print the insurance/bank documents online? I basically did this with all of the back up documents for my wife during her AOS/ROC process.

[rodeo 11]

Hello everyone,

My i-94 expires on the first week of November and by now I realized that we won't be able to send in my AOS documents until 2nd or 3rd week of November (insurance and bank docs are such a pain) which effectively puts me on "illegal status". I've done my research and I learned that USCIS / CBP or ICE (Immigration Customs Enforcement) can technically take it against you if you do not adjust status right away. A lot of people say to just stay indoors or don't travel interstate until you get your greencard. This is literally impossible for me especially for Christmas as we've already book tickets way ahead to visit my in-laws in the east coast (I live in LA).

I'm very concerned about this since my passport is literally the only form of ID I use to go to bars, get drinks, or generally any place that needs identification and I don't want them to think that I'm overstaying because of the huge stamp there that says until November only.

I don't know if I'm being overtly paranoid or what although I'm definitely worried. Any advise?

Kabayan, why don't you just file everything that you have now and just expect to receive an RFE later? In a matter of 7 to 10 days, you will receive the I-485, I-130, I-765 and I-131 receipt, proof that you are adjusting your status to a permanent resident......

[reilena 9]

Kabayan, why don't you just file everything that you have now and just expect to receive an RFE later? In a matter of 7 to 10 days, you will receive the I-485, I-130, I-765 and I-131 receipt, proof that you are adjusting your status to a permanent resident......

Hello kapatid,

I want to frontload our submission so that we can get a potential interview waiver and avoid all RFEs. My husband's company has so many ridiculous requirements and his bank (TD Bank) is only located in the east coast so I can't be added on his account until we physically present ourselves at the bank. That's why it's taking some time.

Aren't you able to just print the insurance/bank documents online? I basically did this with all of the back up documents for my wife during her AOS/ROC process.

I hope it was that easy. My husband's bank (TD Bank) is located only in the east coast and we have to be physically present there so they can add me to his account.

[tayurshu 37]

Correct me if I'm wrong, but you don't need either insurance documentation or bank account statements to send in your AOS documents.

These are only required if you are selected for interview.

[JR loves JR 196]

We filed for AOS and sent in just the bare minimum plus one joint bank statement. We got approved without an interview. You don't need joint insurance or bank accounts to file. If you have an interview, take in more evidence.

As for traveling before your AOS is approved, you'll get an NOA paper that you can carry out with you. That gives you an authorized stay while your AOS is being processed. If you don't apply for AOS before traveling, then it might cause some issues. You can be detained and forced to apply for AOS. Someone else will have to fill in more of the worst case scenarios. But as long as you've applied and received your NOA (and have it with you), you should be able to travel in the US.

[thespoons 33]

We filed our aos without any bank documents or life insurance. So far we havent received any rfe (but who knows). For your peace of mind, file your aos even without those documents. Those are just secondary evidences anyway. The initial evidences are the important ones whic am sure you will before you submit your aos. Goodluck!

[newacct 688]

Hello everyone,

My i-94 expires on the first week of November and by now I realized that we won't be able to send in my AOS documents until 2nd or 3rd week of November (insurance and bank docs are such a pain) which effectively puts me on "illegal status". I've done my research and I learned that USCIS / CBP or ICE (Immigration Customs Enforcement) can technically take it against you if you do not adjust status right away. A lot of people say to just stay indoors or don't travel interstate until you get your greencard. This is literally impossible for me especially for Christmas as we've already book tickets way ahead to visit my in-laws in the east coast (I live in LA).

I'm very concerned about this since my passport is literally the only form of ID I use to go to bars, get drinks, or generally any place that needs identification and I don't want them to think that I'm overstaying because of the huge stamp there that says until November only.

I don't know if I'm being overtly paranoid or what although I'm definitely worried. Any advise?

Once you file AOS (I-485), you are legal to stay in the US. It doesn't matter if you filed AOS while in status or out of status. There is no difference.

You should avoid running into CBP or ICE in the period of time between when your status expires and when you file AOS. But after you file AOS (and preferably have the receipt) you have nothing to fear.

[Ebunoluwa 6,136]

Forget about front loading the AOS application, it is no surefire way to avoid an interview.

Most K1's get an interview waiver letter anyway and some get interviews, it does not depend on front loading.

For your peace of mind, file before traveling and present the evidence if you have an interview, you are overthinking this.

[Hypnos 6,576]

If you know you're going to be traveling then you should file your I-485 before then.

It's highly unlikely you'd run into any problems, but there is a chance, and it's one you can easily head off by filling beforehand.

[visaqueries 111]

My bank wouldn't add my husband on our account until he had his EAD/AP card, so we had no bank accounts to send in. Also, he did not get on my insurance ever. Once he was able to get a job, he found one full time and then signed up for insurance. We filed and got the interview waiver. We did get an RFE, but it was for a document we had sent in (his divorce decree). We sent it to Guam () and within five days of them receiving our RFE, we were approved. There were no hassles or troubles.

[Cyberfx1024 7,980]

You are ok to be out of status for a little bit until you file for AOS initially. It is not uncommon for K1 visa holders to be out of status for a small period of time until you file. Also you live here in California where there are tons of Illegals that are not being deported at all. So do not worry. As soon as you file you will be fine, do not overthink this.

[Hypnos 6,576]

You have no way of knowing they will be fine. It's far more likely than not that they will be, but you can use the search function on these forums and find more than one K-1 who was detained by ICE for being out of status.

Edited October 15, 2015 by Hypnos

[Tm and Je 35]

Hello everyone,

My i-94 expires on the first week of November and by now I realized that we won't be able to send in my AOS documents until 2nd or 3rd week of November (insurance and bank docs are such a pain) which effectively puts me on "illegal status". I've done my research and I learned that USCIS / CBP or ICE (Immigration Customs Enforcement) can technically take it against you if you do not adjust status right away. A lot of people say to just stay indoors or don't travel interstate until you get your greencard. This is literally impossible for me especially for Christmas as we've already book tickets way ahead to visit my in-laws in the east coast (I live in LA).

I'm very concerned about this since my passport is literally the only form of ID I use to go to bars, get drinks, or generally any place that needs identification and I don't want them to think that I'm overstaying because of the huge stamp there that says until November only.

I don't know if I'm being overtly paranoid or what although I'm definitely worried. Any advise?

Hello Reilena, it is not mandatory to file your AOS with bank documents of life insurance. I filed my AOS without any of them. I haven't received a RFE (at least so far)...so just you will be fine.