Travel before applying for AOS

[Rocio0010 5,579]

Just now, lovinglive said:

But during the time between the I-94 expiry and filing the I-485, they are vulnerable.

Yes. And it can happen, like the thread someone posted above. It does not happen frequently, but also not all of them report here in VJ. It is always good to enter into a period of authorized stay before your I-94 expires.

[Crazy Cat 41,887]

1 minute ago, lovinglive said:

OK, thanks for that additional information.  But stepping back further, I thought that even if someone overstays, if they later file the I-485 then it works out OK.  But during the time between the I-94 expiry and filing the I-485, they are vulnerable.

I wouldn't feel comfortable either being in that situation or placing someone else in that situation.  I'm sure she realized the requirement to leave before the expiration of the I-94.  

[lovinglive 24]

17 minutes ago, Misscloud said:

there's always 50-50 chance. never know for sure. i personally saw in front of my eyes when it happened in the airport and it turned bad. there's officers ( not clear where are they from) removed 2 passengers out from the plane. i heard clearly it because of i-94 expiry date

 

 

Thanks, that's another good example.

[lovinglive 24]

19 minutes ago, Crazy Cat said:

Once an I-94 expires, the person is not authorized to even be inside the US.  Once a proper I-485 is submitted, the person is granted "authorized stay" until the I-485 is either approved or denied.  

Does the person have to wait for some kind of documentation of "authorized stay" or is it assumed once they have submitted their paperwork ?  Do they need to have some document to demonstrate that authorization?

[nastra30 2,287]

1 minute ago, lovinglive said:

Does the person have to wait for some kind of documentation of "authorized stay" or is it assumed once they have submitted their paperwork ?  Do they need to have some document to demonstrate that authorization?

Your NOA1 receipt will act as 'proof' of authorized stay.

[lovinglive 24]

1 minute ago, nastra30 said:

Your NOA1 receipt will act as 'proof' of authorized stay.

I think you get the receipt in the mail, right? and how long does it take?

[nastra30 2,287]

3 minutes ago, lovinglive said:

I think you get the receipt in the mail, right? and how long does it take?

A properly submitted application received by USCIS is all you need. The period between that and when you receive receipt is still considered authorized stay. The receipt is extra cushion.

Edited June 3, 2022 by nastra30

[Crazy Cat 41,887]

3 minutes ago, lovinglive said:

I think you get the receipt in the mail, right? and how long does it take?

Likely, a few weeks......but I would keep proof that the I-485 was sent.....

[Mike E 11,739]

55 minutes ago, lovinglive said:

I don't think there's any way we can do it.

What is preventing you from getting married, getting a marriage certificate, and filing the I-485 package, before the I-94 expiration?

Edited June 3, 2022 by Mike E

[P055UM 281]

I am sure your reason for wanting to travel after the expiry of the I-94 is a good and valid one. However, as others have said, merely existing in the US after the expiry of I-94 is risky in and of itself, and any random interaction with law enforcement runs the risk of pretty dire consequences for anybody who is not authorised to be in the country. I guess not flying would reduce the risk by some amount, but it is just not possible to reduce that risk down to zero, and frankly taking any amount of unnecessary risk with your ability to remain in the country is not worth it, imo.

 

Seems to me that small/Utah wedding and I-485 filing before expiry is the way to go - it will allow you to live a life with one less thing to have to worry over

[Loren Y 2,755]

As always, If you can make it to Vegas, I can get you married with certificate in hand in less than an hour. If you bring your 485 packet with you, you can add the certificate, and mail it out the same day ( I have had people do this). Message me if you need a quick ceremony with certificate in hand.

[swiss-miss 55]

I came on the K1 visa, we had planned our big wedding for a little later, but to make sure we fulfilled the 90 day rule we first got legally married. Why don't you do that? we did everything in half a day! No appointments, nothing! We went to the county clerk to get our marriage license that we had to apply online before we went (just a quick online form)  and that took 30 min max incl the waiting in line, then we went to a UPS store that has a notary (make sure to call before if a notary is in, we had to wait an hour for him to start his shift), just bring marriage license and ID's, they will just sign your paper, then we just went straight back to the county clerk with the signed certificate, they registered us and gave us the official marriage certificate right away, filed AOS a few days after. That was in Tennessee so not sure if all of this works the same for you and I know the UPS store is not very romantic, but you can always have an official ceremony and reception after.

[Mike E 11,739]

In some of not most counties, getting married at the courthouse or county office isn’t as easy as it was pre-pandemic.

 

So this might be part of OP’s issue. OP is perhaps unaware of how easy it is to marry online through Utah county.  

[beloved_dingo 1,979]

I agree with the advice to get married ASAP and send the AOS package immediately after that (while still being thorough, of course). If you're concerned about not having your dream wedding, you can still do that at a later date with loved ones.

 

I would not risk traveling domestically without the assurance of being authorized to stay in the U.S. 

[lovinglive 24]

2 hours ago, Crazy Cat said:

Likely, a few weeks......but I would keep proof that the I-485 was sent.....

So do you think that having proof that the I-485 was sent (photocopies and registered mail receipt?) is sufficient then to travel?  Or is that still a risk?