Filing for AOS/EAD on tourist visa, which expires in 3 weeks. Do we need a receipt number before expiration?

[baze92 33]

My wife and I married while she is on her tourist visa. We are sending our filing our AOS this week. I am worried we won't get a receipt number in time (before her visa expires). Does anyone know if this will cause an issue? or does it just need to arrive (tracking) to their facility before her visa expires?

[mushroomspore 3,044]

6 minutes ago, baze92 said:

My wife and I married while she is on her tourist visa. We are sending our filing our AOS this week. I am worried we won't get a receipt number in time (before her visa expires). Does anyone know if this will cause an issue? or does it just need to arrive (tracking) to their facility before her visa expires?

You guys will be fine. They go by date-received.

[baze92 33]

Sweet. Meaning when it arrived by tracking number?

[mushroomspore 3,044]

57 minutes ago, baze92 said:

Sweet. Meaning when it arrived by tracking number?

Correct.

[baze92 33]

Do you happen to have any info you can share with me about this? 

[Free Man 119]

Well I asked a lawyer the same question and i paid $80 for an answer . He said everything with immigration starts when they accept your application/petition or the date they give as PD. 

E.g if they receive it Nov 26 but they accep your request Nov 29, your PD would be Nov 29.

He went to explain USPS may deliver the mail on a Monday but they may open it on a different day. 

To me that make sense. I was just made i paid $80  For something I think I already know. Lmao

In your case,  if your spouse is a US citizen,  overstay is forgiven. 

[JFH 12,190]

Once her I-94 expires she is out of status unless she has the NOA1 from USCIS for her AOS application. It’s possible that there will be a gap between her I-94 expiring and receiving the NOA1 if you have left it this late. She will be out of status but that’s pretty meaningless if she’s filing AOS already. Anyone out of status can be removed but the chances of ICE knocking on the door to remove a law-abiding spouse of a USC who filed AOS a little late in the day are slim at best. ICE have much bigger fish to fry than that. 

Edited November 26, 2020 by JFH

[Calicolom 266]

6 hours ago, JFH said:

Once her I-94 expires she is out of status unless she has the NOA1 from USCIS for her AOS application. It’s possible that there will be a gap between her I-94 expiring and receiving the NOA1 if you have left it this late. She will be out of status but that’s pretty meaningless if she’s filing AOS already. Anyone out of status can be removed but the chances of ICE knocking on the door to remove a law-abiding spouse of a USC who filed AOS a little late in the day are slim at best. ICE have much bigger fish to fry than that. 

In 2021 There will be no more Ice, there will be no more deportations. This way they save a lot of money, and can give it to antifa.

[baze92 33]

@Ras Ous So do you mean before a receipt number is given?

 

@JFH Not entirely sure what you mean. We aware approved for NOA2 on the K1, but had to switch things up and now got married on the tourist visa. Also, I have been told many times that as long as the I-130 is received, she will not have a Over stay on here record (unless denied). Although I am not sure if I am correct on that..

[JFH 12,190]

2 hours ago, baze92 said:

@Ras Ous So do you mean before a receipt number is given?

 

@JFH Not entirely sure what you mean. We aware approved for NOA2 on the K1, but had to switch things up and now got married on the tourist visa. Also, I have been told many times that as long as the I-130 is received, she will not have a Over stay on here record (unless denied). Although I am not sure if I am correct on that..

You need the receipt for the adjustment of status, not the I-130 for her to be in a period of authorized stay. Until such point she will be out of status if her I-94 has expired. It’s not as bad as it sounds as overstay is forgiven for immediate relatives of USCs. But anything is possible. Why chance it?

[baze92 33]

@JFH Ok so basically you are saying that she will temporarily be Overstaying her visa, but once it's approved, that will be removed?

 

And what are you suggesting to do? you said "why chance it"? Why chance what?

 

We are sending in our documents before her visa expires.

[JFH 12,190]

9 minutes ago, baze92 said:

@JFH Ok so basically you are saying that she will temporarily be Overstaying her visa, but once it's approved, that will be removed?

 

And what are you suggesting to do? you said "why chance it"? Why chance what?

 

We are sending in our documents before her visa expires.

That’s good that you are sending everything soon. What I mean by “why chance it?” is that many people think that because overstay is forgiven for immediate relatives of USCs they have plenty of time to send their documents are there’s no rush. It’s not the sending date of the AOS documents that counts, it’s the date it is logged into the USCIS system as received. So allow a few days for the mail to arrive and be logged. 
 

There was a thread not so long ago here where a woman who was married to a USC but her I-94 had expired and they had not yet sent the AOS but were about to. She was the passenger in a car accident and when the police arrived it was discovered she was out of status and she was taken to jail. Who wants that to happen to them? As I say, anything can happen. 

[baze92 33]

Got it! In that scenario, they hadn't mailed out their AOS before visa expired? Can you link me to this post?

[Celebi 136]

17 hours ago, baze92 said:

Got it! In that scenario, they hadn't mailed out their AOS before visa expired? Can you link me to this post?

 and 

 

[Ontarkie 14,225]

~~Moved to AOS from Work, Student & Tourist Visas, form TOurist Visas - the OP is asking about AOS'ing form Tourist visa~~