I-94 expires before package arrives at the USCIS? + Domestic travel by plane before AOS confirmation?

[HazelTove 0]

I have a couple of questions, we send off the AOS package but it might not arrive until the day after my I-94 expires. Will this be a problem? We have a receipt to show it was send before the I-94 expired. I came over on the VWP as a visitor.

My other question is, we plan to travel by plane (domestic) this weekend but by the time we fly back my I-94 will have expired. Will this get flagged up? What can I do to make sure I won't get deported/held up? We probably won't get a confirmation that the AOS was received by the USCIS and being processed until after we come back from the trip.

Edited May 12, 2016 by HazelTove

[aleful 1,905]

hi

it doesn't matter, the process will take months so it was going to expire anyway

I'm not sure about the travel but the packet not a problem

[abhi_meli 150]

Keep you Marriage Certificate,Copy of your I-94 and of course your passport.Domestic travel is not an issue.They will just check your passport because that is the ID you have right now.No one is going to deport you for this.You are the spouse of US CITIZEN.

[MASH 172]

I have a couple of questions, we send off the AOS package but it might not arrive until the day after my I-94 expires. Will this be a problem? We have a receipt to show it was send before the I-94 expired. I came over on the VWP as a visitor.

My other question is, we plan to travel by plane (domestic) this weekend but by the time we fly back my I-94 will have expired. Will this get flagged up? What can I do to make sure I won't get deported/held up? We probably won't get a confirmation that the AOS was received by the USCIS and being processed until after we come back from the trip.

That is fine, as long as you married within the 90 days it will be ok

[newacct 688]

I have a couple of questions, we send off the AOS package but it might not arrive until the day after my I-94 expires. Will this be a problem? We have a receipt to show it was send before the I-94 expired. I came over on the VWP as a visitor.

My other question is, we plan to travel by plane (domestic) this weekend but by the time we fly back my I-94 will have expired. Will this get flagged up? What can I do to make sure I won't get deported/held up? We probably won't get a confirmation that the AOS was received by the USCIS and being processed until after we come back from the trip.

As others have answered, it doesn't matter when they get it. You don't need to be in status to file AOS as an Immediate Relative.

As for the trip, there's nonzero risk. I mean, yes, TSA is not supposed to have anything to do with immigration status (nor do they know anything about immigration law), but you sometimes hear stories of TSA agents who are wannabe cops who think it's their job to give people a hard time about stuff like this. They could call over a CBP agent or something to look at you. Also, if you travel within 100 miles of the Mexican border there can be CBP checkpoints, on roads and in airports.

Usually, you wouldn't have to worry about going through any checkpoints or anything even if your I-94 is expired if you bring your I-485 receipt, which shows you are authorized to be in the US. However, in your case, you won't have gotten the receipt yet, so that's where the risk is.

That is fine, as long as you married within the 90 days it will be ok

This is not K-1

[HazelTove 0]

As others have answered, it doesn't matter when they get it. You don't need to be in status to file AOS as an Immediate Relative.

As for the trip, there's nonzero risk. I mean, yes, TSA is not supposed to have anything to do with immigration status (nor do they know anything about immigration law), but you sometimes hear stories of TSA agents who are wannabe cops who think it's their job to give people a hard time about stuff like this. They could call over a CBP agent or something to look at you. Also, if you travel within 100 miles of the Mexican border there can be CBP checkpoints, on roads and in airports.

Usually, you wouldn't have to worry about going through any checkpoints or anything even if your I-94 is expired if you bring your I-485 receipt, which shows you are authorized to be in the US. However, in your case, you won't have gotten the receipt yet, so that's where the risk is.

This is not K-1

Yeah that's why I was worried because we don't have a receipt send by USCIS. I took a picture of our packages from the outside and we have a receipt that it was send to USCIS from UPS. Would those help to take along with the marriage certificate?

Edited May 12, 2016 by HazelTove

[newacct 688]

Yeah that's why I was worried because we don't have a receipt send by USCIS. I took a picture of our packages from the outside and we have a receipt that it was send to USCIS from UPS. Would those help to take along with the marriage certificate?

Did you file the G-1145 for E-notification? At least you can get the receipt number quickly that way.

Marriage certificate doesn't prove anything. Being married or being married to a US citizen doesn't give you any immigration status or protection from deportation. It just shows you potentially have a route to legal status. It's the filing of the I-485 that matters.