Out of Status Concerns

[Zedayn 485]

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.

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.

You do not need to send in evidence of a bonafide marriage with your AOS application, except for the required marriage certificate. Stuff like proof of joint insurance and joint bank accounts are not needed with the initial application. If you are scheduled for an interview, you can bring this evidence with you then.

Also, getting an interview waiver is completely random. Front loading your petition will not do anything to help you get an interview waiver.

Edited October 15, 2015 by Zedayn

[Tahoma 2,292]

Send in what you've got. If they want more, they'll RFE you.

On a side note: your hubby needs to change banks. I opened a joint account at Wells Fargo with Chinook before she even arrived in the U.S.

[reilena 9]

Thank you everyone. Okay, I'll do my best to send my AOS docs before flying out. I was wondering though, (worst case scenario) do you think I could just apply for a State ID and use that to board a flight to NJ instead of showing my passport. What do you guys think?

[Transborderwife 4,666]

Thank you everyone. Okay, I'll do my best to send my AOS docs before flying out. I was wondering though, (worst case scenario) do you think I could just apply for a State ID and use that to board a flight to NJ instead of showing my passport. What do you guys think?

Sure, but it'd likely expire with your I-94

[Hypnos 6,578]

Agreed. Any US ID you obtain will have the same expiry date as your I-94.

[usmsbow 802]

Thank you everyone. Okay, I'll do my best to send my AOS docs before flying out. I was wondering though, (worst case scenario) do you think I could just apply for a State ID and use that to board a flight to NJ instead of showing my passport. What do you guys think?

If you're in California, they won't issue any form of ID if your I-94 expires in 60 days or less.

My wife has made a few domestic trips via air since arriving here. Every time the TSA agent has just looked at the ID page in her passport. You should be fine. Make a copy of your wedding certificate and bring it with you if you want to cover all your bases.

Also, my wife was just approved for her green card two days ago. The only financial documents we submitted were my tax transcripts from the past 3 years. No RFEs, no problems. Just apply for the green card now.

[newacct 688]

Thank you everyone. Okay, I'll do my best to send my AOS docs before flying out. I was wondering though, (worst case scenario) do you think I could just apply for a State ID and use that to board a flight to NJ instead of showing my passport. What do you guys think?

You should preferably receive the AOS receipt before you fly out, and take it with you. If as you say you file second or third week of November, then you should easily receive the receipt before Christmas.

[Yanirose 64]

Hey I got a WA state ID recently and it doesnt expire till 2021 although I applied it with my I-94 (due to expire first of November also) and SSN, I was surprised.if you do manage to get one you can travel within the US with it no worries.

Also if you use ur passport its fine they dont even look at any visa or etc, just the ID page. I've travelled with my passport a lot within the US So you should be fine.

Gd luck

[military-wife 9]

You are not an illegal, if you got married within the 90 days. By the way, you do not need bank statements or anything of that sort. I didn't send any evidence besides our marriage certificate. I didn't get my SSN yet (yikes I know I should have), so I can't get my driver's license or bank account. If I was you, I would send AOS paperwork ASAP, it takes forever for everything to be finalize, especially if it's around the holidays, it's an extra month of waiting.

Getting an interview or a waiver is completely random. I just looked at my case status on USCIS and it says I will receive a notice for an interview and the date. Our case is pretty clear cut.

[Hypnos 6,578]

You are not an illegal, if you got married within the 90 days.

Once a K-1's I-94 expires and they have yet to file for AoS they are out of status. This means they can be detained by ICE and, theoretically, deported. Marriage does not change this.

[d3adc0d3 186]

We didn't file for our AOS for over 6 months after my husband was out of status, and we were approved without an interview for his CGC.

[N400applicant 7]

DHS has 20 million illegal aliens to deal with, and couldn't care less for non-immigrant staying a week past I-94.

However, there are strict guielines and requierements for AOS from such non-immigrant visa as K.

You should check if there is a deadline you shouldn't mess with.

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?