AOS deadline???

[Lil bear 4,252]

10 minutes ago, ram1009 said:

I don't see how you can say the granting of an "authorized stay" isn't a benefit.  The NOA 1 acknowledges a receipt of the I-485 and provides a tracking number to determine the (possibly) evolution of the pending status.  There are many issues concurrent with the pending AOS that could make the immigrant "out of status", all of which subject the immigrant to deportation.  This condition persists until the AOS is adjudicated, which is (at least) many months and could be years.  I am still unable to find any regs mentioning the AG.

It is not considered an “immigration benefit” as the filing of a I 485 grants no immigrant status .. only Authorization to stay in the country until the adjudication is complete. The person is not an “immigrant” until the AOS has been granted and LPR status conferred by such granting. 

[ram1009 43]

4 minutes ago, Lil bear said:

It is not considered an “immigration benefit” as the filing of a I 485 grants no immigrant status .. only Authorization to stay in the country until the adjudication is complete. The person is not an “immigrant” until the AOS has been granted and LPR status conferred by such granting. 

This debate is "tail chasing".  Some people on this board think the existence of a timely I-485 means the filer has an "authorized stay".  However, nobody has shown me the regs saying so.  If nobody here can find it how will anybody find it if/when my wife is taken into custody for looking suspicious?  People keep telling me it's never happened but we also have never had a president like this one.

[waysoftheshadow 24]

13 hours ago, ram1009 said:

I don't see how you can say the granting of an "authorized stay" isn't a benefit.  

because it's not. A benefit would be something like getting a driver's license, being able to work and file taxes, getting a social security number, being able to go to school. you can't do alot of that without the actual green card 

[waysoftheshadow 24]

13 hours ago, ram1009 said:

This debate is "tail chasing".  Some people on this board think the existence of a timely I-485 means the filer has an "authorized stay".  However, nobody has shown me the regs saying so.  If nobody here can find it how will anybody find it if/when my wife is taken into custody for looking suspicious?  People keep telling me it's never happened but we also have never had a president like this one.

I couldn't help but notice you skipped over my replies showing where being in the United States is a requirement for adjustment of status. Why would they deport you to another country if you have to get a special document for you to leave the country while your AOS is pending? It logically doesn't make sense. 

[Mike E 11,741]

Sounds like OP is bound and determined to not file for AOS within 90 days despite there being a plethora of options to get married quickly in these United States and quickly get a marriage certificate. 

We filed for AOS before 90 days and received a receipt before the 90 days. 
 

We also got REAL ID for the K-1 spouse. This is only possible if one aggressively follows at set of steps within 30 days of POE.  With a REAL ID in hand, that is proof of lawful presence for local law enforcers. CBP/ICE will be able lookup the pending AOS in the event a K-1 visa holder is snared. 
 

Perhaps OP will have a story to add to:

 

 

[ram1009 43]

15 hours ago, waysoftheshadow said:

because it's not. A benefit would be something like getting a driver's license, being able to work and file taxes, getting a social security number, being able to go to school. you can't do alot of that without the actual green card 

Sorry, but it takes more than your word to make something "so".  IMHO, the granting of an "authorized stay" is at least as much as of a benefit as any other benefit granted by USCIS.  You'll need to find contradiction in the regs to sway me.  Yes, there's much to do without a green card but no work without a permit plus, whatever you do is under the threat of imminent deportation for the duration.  In the "anti alien" environment promoted by our current president my wife could be detained by the police for any reason or for no reason and she would be unable to prove her status once her I-94 expires.

[arken 4,197]

IMHO, the mods need to look at this thread to see if there is a need to keep this alive. OP’s sole intent of this thread seems to be counterattacking each of the poster’s suggestions.

[ram1009 43]

2 hours ago, Mike E said:

Sounds like OP is bound and determined to not file for AOS within 90 days despite there being a plethora of options to get married quickly in these United States and quickly get a marriage certificate. 

We filed for AOS before 90 days and received a receipt before the 90 days. 
 

We also got REAL ID for the K-1 spouse. This is only possible if one aggressively follows at set of steps within 30 days of POE.  With a REAL ID in hand, that is proof of lawful presence for local law enforcers. CBP/ICE will be able lookup the pending AOS in the event a K-1 visa holder is snared. 
 

Perhaps OP will have a story to add to:

 

 

FYI, the OP married his fiance on Valentines day and our AOS petition was received by USCIS on the 20th of Feb, almost a full month before our 90 days times out.  NOA1 not received yet.  

 

You use the term REAL ID which I have never heard.  Perhaps you would elaborate on what it is and provide the source for your information.  I've read that an immigrant visa must be applied for from the applicant's home country.

[Mike E 11,741]

8 minutes ago, ram1009 said:

FYI, the OP married his fiance on Valentines day and our AOS petition was received by USCIS on the 20th of Feb, almost a full month before our 90 days times out.  NOA1 not received yet.  
 

Then I fail to understand the purpose of this debate.  If you are arguing that your spouse can be dragged into ICE custody right up until the day the green card is issued then the experience of thousands to millions of K-1 visa holders is a counter argument.  
 

If you don’t think an NOA1 from an AOS petition gives your spouse an authorized stay then you have two remedies:

 

* The alien can leave the country. 
 

* The alien can consult with a competent immigration attorney.  
 

If the legal opinion of a trained and experienced attorney doesn’t suffice, then just leave.  I don’t want you to be unhappy in the USA.  
 

Quote

 

You use the term REAL ID which I have never heard.  Perhaps you would elaborate on what it is and provide the source for your information. 
 

https://www.dhs.gov/real-id

 

Quote

 

 

I've read that an immigrant visa must be applied for from the applicant's home country.

 

That is both incorrect and a non sequitur. 

Edited February 28, 2020 by Mike E

[ram1009 43]

6 minutes ago, arken said:

IMHO, the mods need to look at this thread to see if there is a need to keep this alive. OP’s sole intent of this thread seems to be counterattacking each of the poster’s suggestions.

It sounds to me like you're trolling for an argument.   I'm not attacking or counter attacking anyone any more than they are doing the same to me.  I'm looking for answers supported by USCIS rules and not by the interpretation of people potentially affected by the rules.  I'm also looking forward to any credible comments from you.

[ram1009 43]

18 minutes ago, Mike E said:

 

 

Edited February 28, 2020 by ram1009
ERROR

[Lemonslice 4,898]

ICE has been detaining citizens - they do make mistakes, so it is good that you want to be ready.  The best thing you can do is make a copy of your spouse i-94, passport and Notice of Action letter - keep them safe at home. Have your wife keep the originals with her.  

 

Print and review information on what to do if she is arrested by police, or ICE.  Roleplay possible interaction.  Cuddle and watch America; I too. Have her install the Notifica app.  Keep a lawyer's contact details handy.

 

---  Then breathe, enjoy life together.  You know you are ready if something happens, but most probably, you will not interact with the police or ICE. 

[ram1009 43]

21 minutes ago, Mike E said:

Then I fail to understand the purpose of this debate.  If you are arguing that your spouse can be dragged into ICE custody right up until the day the green card is issued then the experience of thousands to millions of K-1 visa holders is a counter argument.  
 

If you don’t think an NOA1 from an AOS petition gives your spouse an authorized stay then you have two remedies:

 

* The alien can leave the country. 
 

* The alien can consult with a competent immigration attorney.  
 

If the legal opinion of a trained and experienced attorney doesn’t suffice, then just leave.  I don’t want you to be unhappy in the USA.  
 

https://www.dhs.gov/real-id

 

 

That is both incorrect and a non sequitur. 

First, no matter how many K1 applicants have NOT been deported it doesn't mean they were not subject to being deported and, I'd bet that some have been deported.

 

Second, I'd love to believe in the "authorized stay theory and I will as soon as anybody shows me the supporting USCIS regs.

 

Third,  I think you're out of line suggesting my wife should leave the country.  And, I may consult an attorney since it appears no credible answer is available here.  BTW, I haven't been happy in America for many years and your heartfelt sympathy won't help, but thanks.

 

Fourth, I don't believe that possession of a REAL ID will make my wife any safer from deportation.  I'm not even certain she would qualify as an alien.

[DELETEME1234 208]

35 minutes ago, ram1009 said:

Second, I'd love to believe in the "authorized stay theory and I will as soon as anybody shows me the supporting USCIS regs.

No one here is compelled to do so. We are all here to offer each other advice, opinion, insight etc. It is up to you to determine if it's reliable or not.

 

To put it bluntly: we don't care if you believe us or not. 

 

Also @Mike E is not out of line suggesting your wife should leave the country. The ToS prevent us from giving advice in contrary to ruling law so logically, in a hypothetical situation that someone resides in this country illegally, the only recourse is to advise them to leave the country. 

 

Personally I'd advise you to slap a couple of grand on the table and let this whole ordeal be handled by a professional from here on out so you can stop worrying yourself. They'll say the same thing we do, but perhaps a degree on the wall and a peppered invoice might give you some peace of mind. 

[arken 4,197]

49 minutes ago, ram1009 said:

BTW, I haven't been happy in America for many years and your heartfelt sympathy won't help, but thanks.

When one is constantly thinking all the forces are coming to get you from everywhere even though all are assuring him that’s not the case, one cannot remain happy.

 

There are thousands of people just in this forum who have lived or are living calmly with pending i485 beyond their i94 expiry with the authorized stay norm while waiting for GC and you are the one overthinking and loosing sleep about it. 

Edited February 28, 2020 by arken