Scared of time in the AOS

[mohamed el amrani 1]

Hi guys ! I came to the US as k1 visa holder and i merried my wife .so .i have only 2 weeks left from applying .and i am afraid that i do not have time and somthing goes wron .can anybody tells me how this works and how long till the uscis gets my paper .next week i will apply so that i will jave only 10 days left until my 90 days finish

[geowrian 22,337]

Apply and wait. Technically they go by the date received, although you won't have evidence of filing until the NOA1 arrives.

Overstay isn't an issue for AOS purposes as the spouse of a USC anyway.

[Pitaya 2,577]

The sooner that you apply the better. I see that your local office is El Paso, TX. It is likely important for you to have appropriate documentation of your immigrant activity since you are so near the southern US border.  I would suspect that you have seen or heard of mobile Custom and Border Patrol (CBP) checkpoints, checking the legal immigrant status of people. If stopped by a CBP checkpoint without proper immigration papers, could result in your detention, and having to explain your situation before an immigration law judge. That likely will not be a very good day. You need to file for your I-485/I-765/I-131 (AOS/EAD/AP) concurrently, as soon as possible. 

 

Here are some links to VJ guides, VJ example forms, and USCIS links that will be of use to you:

https://www.visajourney.com/content/k1k3aos/

https://www.visajourney.com/content/k1aos/

https://www.visajourney.com/content/examples/

https://www.uscis.gov/i-485

https://www.uscis.gov/forms-filing-tips

 

The sooner that you file, the sooner that you will be better off.

 

Good luck on your immigration journey.

 

 

 

[Eric&Mirella 367]

17 hours ago, Pitaya (火龙果) said:

The sooner that you apply the better. I see that your local office is El Paso, TX. It is likely important for you to have appropriate documentation of your immigrant activity since you are so near the southern US border.  I would suspect that you have seen or heard of mobile Custom and Border Patrol (CBP) checkpoints, checking the legal immigrant status of people. If stopped by a CBP checkpoint without proper immigration papers, could result in your detention, and having to explain your situation before an immigration law judge. That likely will not be a very good day.

 

 

 

Honest question: I'm in San Diego and received my NOA1 for my AOS I never get close to the border. However, is this something I should worry about? 

[Pitaya 2,577]

7 minutes ago, Eric&Mirella said:

Honest question: I'm in San Diego and received my NOA1 for my AOS I never get close to the border. However, is this something I should worry about? 

Hi, my comments were initially directed at the OP.

 

However, what with all of the buzz in the local and national media about enhanced immigration enforcement, I urge all folks similarly situated to be prudent in your activities. It sounds like you will be OK, you have your NOA1. Until you get your GC (and your last name has now been changed due to marriage), I would suggest that you carry your passport, your NOA1, and a copy of your marriage certificate.  Here is a link to a 2015 thread from TBoneTX, a forum mod, who lives in the Houston area, https://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/ His recommendations still hold true today, now more than ever. It sounds like DHS is stepping up their immigration enforcement practices all over the country, from mobile CBP checkpoints on the roads near the southern US border to CBP agents checking documents at chicken egg plants in Minnesota. Be prepared with the proper documents. To be detained and then having to wait for an immigration hearing, sounds like something to avoid if at all possible. 

 

Welcome to the USA,

Good luck on your immigration journey.

 

[Shiran 1,134]

3 hours ago, Eric&Mirella said:

Honest question: I'm in San Diego and received my NOA1 for my AOS I never get close to the border. However, is this something I should worry about? 

This might be relevant:

https://www.avvo.com/legal-answers/how-can-a-person-prove-during-internal-cbp-stop-th-4307244.html

[Nitas_man 3,100]

On 7/12/2019 at 2:42 PM, mohamed el amrani said:

Hi guys ! I came to the US as k1 visa holder and i merried my wife .so .i have only 2 weeks left from applying .and i am afraid that i do not have time and somthing goes wron .can anybody tells me how this works and how long till the uscis gets my paper .next week i will apply so that i will jave only 10 days left until my 90 days finish

You need to apply soonest and carry the NOA1 receipt with you as proof of pending status 

At the same time apply for your AP and your EAD (Employment Authorization).

 

You had 90 days to marry, you did what you were supposed to do, and have nothing to worry about right now.

[mohamed el amrani 1]

On 7/12/2019 at 1:53 PM, geowrian said:

Apply and wait. Technically they go by the date received, although you won't have evidence of filing until the NOA1 arrives.

Overstay isn't an issue for AOS purposes as the spouse of a USC anyway.

Thank you very much .i am just worry i still jave two weeks .but i am just worry if i do it in time or later with maybe 1 day or two .is that will stop my process .cause someone told me that if do not apply before ur expiration of ur time .u will never be able to continue .is that true .?? Thank u

[Allaboutwaiting 2,503]

1 hour ago, mohamed el amrani said:

Thank you very much .i am just worry i still jave two weeks .but i am just worry if i do it in time or later with maybe 1 day or two .is that will stop my process .cause someone told me that if do not apply before ur expiration of ur time .u will never be able to continue .is that true .?? Thank u

Whoever told you so, is wrong; that is not true.

As long as you don't stumble upon a CBP officer -or any other law enforcement officer- AFTER your I-94 permit expires, you are fine. 

 

Just try to file as soon as possible and make no mistakes -include everything needed, check the forms are current, sign everything and pay the right fee-.

 

You can send everything with priority mail express to make sure it arrives -includes tracking and signature confirmation-.

 

[Carpe Vinum 2,327]

We were going to fly to Las Vegas but we still had not received the NOA1 for AOS and we were just slightly past the 90 days so I decided not to chance it. We can go to Vegas anytime but getting caught up in an immigration snafu would not be fun.

[Eric&Mirella 367]

14 hours ago, boris64 said:

We were going to fly to Las Vegas but we still had not received the NOA1 for AOS and we were just slightly past the 90 days so I decided not to chance it. We can go to Vegas anytime but getting caught up in an immigration snafu would not be fun.

I travelled from San Diego to south Carolina last week and my i94 was already expired. The only question I was asked was if my husband was traveling with me.  

[Carpe Vinum 2,327]

 

18 minutes ago, Eric&Mirella said:

I travelled from San Diego to south Carolina last week and my i94 was already expired. The only question I was asked was if my husband was traveling with me.  

Did you already receive your NOA1 for your AOS?

Edited July 16, 2019 by boris64

[Del A. 44]

Hi all, what would be the instances where you can get "caught" without an AOS filed and an expired I-94? Does immigration check up on you at random or do you only get tagged during travel? I think I read something somewhere that immigration knocked on their door and found their I-94 expired... Terribly unlucky or routine check?

[geowrian 22,337]

4 hours ago, Del A. said:

Hi all, what would be the instances where you can get "caught" without an AOS filed and an expired I-94? Does immigration check up on you at random or do you only get tagged during travel? I think I read something somewhere that immigration knocked on their door and found their I-94 expired... Terribly unlucky or routine check?

Just like anybody out of status, you could run into the wrong person at any time.

• ICE has rarely knocked on doors to check up on K-1 visa holders.
• Somebody recently was a passenger in a car during a traffic stop, and was put in jail for several weeks (https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/).
• Anytime you fly, there is a risk of immigration officials working alongside TSA or at the same port.
• Within 100 miles of any US border (land and water), CBP can board vessels and seek documentation of status. This covers the residence of ~67% of the US population. https://www.aclu.org/know-your-rights-100-mile-border-zone
• There are checkpoints near the border, often seen near the southern border.
• Just being in the wrong spot at the wrong time.

[JeanneAdil 6,514]

2 hours ago, geowrian said:

Just like anybody out of status, you could run into the wrong person at any time.

• ICE has rarely knocked on doors to check up on K-1 visa holders.
• Somebody recently was a passenger in a car during a traffic stop, and was put in jail for several weeks (https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/).
• Anytime you fly, there is a risk of immigration officials working alongside TSA or at the same port.
• Within 100 miles of any US border (land and water), CBP can board vessels and seek documentation of status. This covers the residence of ~67% of the US population. https://www.aclu.org/know-your-rights-100-mile-border-zone
• There are checkpoints near the border, often seen near the southern border.
• Just being in the wrong spot at the wrong time.

don't forget they come by bus to many work places that hire employees with lower skills

in Georgia they showed up at a chicken processing plant once a week

i use to drive by it in Macon Ga on the way to work and see the bus and ICE agents