AOS deadline???

[ram1009 42]

I just discovered that it takes 6 weeks minimum to get a certified marriage license in my state.  This means I will not be able to file my AOS before the 90 day K1 timeline expires.  What are the consequences?

[Crazy Cat 41,415]

After an I-94 expires, an individual is out of status and technically subject to deportation.  After filing the I-485, the person is granted "authorized stay" by the US Attorney General.

Edited January 28, 2020 by missileman

[DaveAndAnastasia 2,086]

31 minutes ago, ram1009 said:

I just discovered that it takes 6 weeks minimum to get a certified marriage license in my state.  This means I will not be able to file my AOS before the 90 day K1 timeline expires.  What are the consequences?

I'm assuming you mean a certified marriage certificate (though in some states there marriage certificate and license are the same document, just depending on whether the marriage has happened and it's been signed and such); if it took six weeks to get a license, then you couldn't get married (except by going to another state) and would have more problems.

 

If so, you should have some sort of receipt / copy (in CA you get a "customer copy") of your marriage certificate. There's been at least one report recently of someone successfully filing for AOS with a copy of that in order to get their paperwork in within 90 days.

[Cyberfx1024 7,980]

1 hour ago, ram1009 said:

I just discovered that it takes 6 weeks minimum to get a certified marriage license in my state.  This means I will not be able to file my AOS before the 90 day K1 timeline expires.  What are the consequences?

Once you are out of the 90 day window you can deported if caught. It is very rare but it can happen

[ram1009 42]

On 1/28/2020 at 3:13 PM, missileman said:

After an I-94 expires, an individual is out of status and technically subject to deportation.  After filing the I-485, the person is granted "authorized stay" by the US Attorney General.

How does one prove they have "authorized stay" per the AG?

[Crazy Cat 41,415]

15 minutes ago, ram1009 said:

How does one prove they have "authorized stay" per the AG?

Carry the Noa for submitting the I-485.  The number can be tracked if needed.

[ram1009 42]

4 minutes ago, missileman said:

Carry the Noa for submitting the I-485.  The number can be tracked if needed.

OK, that proves I submitted in a timely manner.  Are you saying it's common knowledge that the AG automatically approves an extended stay?

[payxibka 10,045]

27 minutes ago, ram1009 said:

OK, that proves I submitted in a timely manner.  Are you saying it's common knowledge that the AG automatically approves an extended stay?

Common knowledge for the ICE folks. Which is all that matters 

[ram1009 42]

4 minutes ago, payxibka said:

Common knowledge for the ICE folks. Which is all that matters 

I was thinking more along the lines of proving to a street cop that she wasn't an illegal.  That seems like a very realistic situation in the current immigration climate.

[payxibka 10,045]

11 minutes ago, ram1009 said:

I was thinking more along the lines of proving to a street cop that she wasn't an illegal.  That seems like a very realistic situation in the current immigration climate.

My wife had only her NOA1 for 6 months before her ead was approved, no issues 

[ram1009 42]

On 1/28/2020 at 3:13 PM, missileman said:

After an I-94 expires, an individual is out of status and technically subject to deportation.  After filing the I-485, the person is granted "authorized stay" by the US Attorney General.

So far I have been unable to verify your statement about I 485 filing in USCIS docs, however I have found statements to the contrary.  What's your source?

[ram1009 42]

On 2/13/2020 at 6:30 PM, payxibka said:

My wife had only her NOA1 for 6 months before her ead was approved, no issues 

I assume what you mean by "no issues" is that she was never required to prove her status.  My question remains:  What if she needed to prove her status?  I've been researching this and I think there is NO way for people with pending AOS to prove they are in the US legally and I have trouble believing that USCIS isn't aware of this.  I've tried to ask in an email but can't find an appropriate address.  They have a "contact us" phone number but I suspect I will be on hold for hours to talk with someone reading from a script.

[Crazy Cat 41,415]

Just now, ram1009 said:

I assume what you mean by "no issues" is that she was never required to prove her status.  My question remains:  What if she needed to prove her status?  I've been researching this and I think there is NO way for people with pending AOS to prove they are in the US legally and I have trouble believing that USCIS isn't aware of this.  I've tried to ask in an email but can't find an appropriate address.  They have a "contact us" phone number but I suspect I will be on hold for hours to talk with someone reading from a script.

The I--797 receipt number (after filing the I-485) can be traced to verify the status.  

[Crazy Cat 41,415]

18 hours ago, ram1009 said:

So far I have been unable to verify your statement about I 485 filing in USCIS docs, however I have found statements to the contrary.  What's your source?

https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/unlawful_presence_memo_06_12_2002.pdf

Edited February 24, 2020 by missileman

[ram1009 42]

2 minutes ago, missileman said:

The I--797 receipt number (after filing the I-485) can be traced to verify the status.  

That probably is true but if the I94 has expired ( it is only issued for 90 days) that status will be "illegal".  The USCIS regulations I've read state pretty clearly that the I 797 issued after an AOS filing is for information only and does NOT grant any immigration benefit of any kind.  I've heard the statement about the US attorney General from more than one source (including yourself) but I cannot find it in the regs.  I believe that people with a pending AOS are subject to deportation at any time.  I hope there aren't any ICE agents reading this.