How can I prove I have authorized stay before my NOA1 arrives?

[Broster440 0]

Hi all, I hope you may be able to help. I am applying for AOS based on marriage in a few weeks. I should submit my forms roughly on the 6th of July. I understand it takes a few weeks for USCIS to send a receipt (NOA1) of your filing, which can be used to prove your authorized stay. I go out of status (from ESTA) on the 10th of July. How do I prove that I have authorized stay (through my filing for AOS) before my NOA1 arrives?

 

Thank you.

Edited June 21, 2023 by Broster440

[OldUser 6,645]

Do you have a real need to prove your status or is this hypotetical?

 

You're not out of status on July 10th as long as USCIS accepts the petition before it.

 

I would send AOS 2 weeks before July 10th minimum to ensure you don't go out of status.

[Broster440 0]

Just now, OldUser said:

Do you have a real need to prove your status or is this hypotetical?

 

You're not out of status on July 10th as long as USCIS accepts the petition before it.

 

I would send AOS 2 weeks before July 10th minimum to ensure you don't go out of status.

 

I'm asking how I would hypothetically prove my status if asked (if stopped by police, etc.)

 

I cannot send AOS before around the 5th or 6th, as I'm getting married on the 2nd July, and won't get my marriage certificate until the 3rd.

[Lil bear 4,201]

4 minutes ago, Broster440 said:

 

I'm asking how I would hypothetically prove my status if asked (if stopped by police, etc.)

 

I cannot send AOS before around the 5th or 6th, as I'm getting married on the 2nd July, and won't get my marriage certificate until the 3rd.

No you cant. You might talk your way round with documents demonstrating you have filed .. but until the NOA1 is issued you are out of status from July 11. That's why it’s recommended to not file so close to your expiry date 

Edited June 21, 2023 by Lil bear

[OldUser 6,645]

7 minutes ago, Broster440 said:

I cannot send AOS before around the 5th or 6th, as I'm getting married on the 2nd July, and won't get my marriage certificate until the 3rd.

I see. From purely immigration standpoint this plan is risky. You may be out of status for a year or so while your AOS is pending if USCIS doesn't receive petition before July 10th. Which makes you deportable.

[Broster440 0]

2 minutes ago, OldUser said:

I see. From purely immigration standpoint this plan is risky. You may be out of status for a year or so while your AOS is pending if USCIS doesn't receive petition before July 10th. Which makes you deportable.

Could you please explain? I will be deportable despite having submitted a marriage-based I-485 adjustment while I was legally in status?

[OldUser 6,645]

2 minutes ago, Broster440 said:

Could you please explain? I will be deportable despite having submitted a marriage-based I-485 adjustment while I was legally in status?

If your AOS isn't at USCIS by July 10th you're going to be out of status for 1+ year. It's not unusual for packet to take 5-7 days to reach USCIS. Even when mailed with UPS / FedEx overnight as exceptions occur.

Edited June 21, 2023 by OldUser

[Broster440 0]

Just now, OldUser said:

If your AOS isn't at USCIS by July 10th you're going to be out of status for 1+ year. It's not unusual for packet to take 5-7 days to reach USCIS. Even when mailed with UPS / FedEx overnight as exceptions occur.

Can others on the forum please confirm that this is true? Everything I have read online suggests that you are wrong – that once my AOS packet is received, even if I am out of status, then I am given authorized stay until a decision on it has been made.

[powerpuff 6,697]

13 minutes ago, Broster440 said:

Can others on the forum please confirm that this is true?

Yes it’s true 

 

14 minutes ago, Broster440 said:

Everything I have read online suggests that you are wrong – that once my AOS packet is received, even if I am out of status, then I am given authorized stay until a decision on it has been made

Sure but you won’t have actual proof of that until you receive NOA1 in the mail. Best you can do is probably tracking/delivery receipt but that’s not really proof like the NOA1 is. This is why it’s strongly recommended to file while your I-94 so you don’t have to worry about procuring proof of authorized presence. Nothing you can do about it but sit tight and wait for NOA1.

[Broster440 0]

4 minutes ago, powerpuff said:

Yes it’s true 

 

I'm going to have to request that you both clarify this here... you are both saying that if I submit my package on the 6th of July, with my ESTA expiring on the 10th of July, then I will be deportable for a year, if my NOA1 doesn't arrive before the 10th of July?

 

 

Edited June 21, 2023 by Broster440

[powerpuff 6,697]

Just now, Broster440 said:

 

I'm going to have to request that you both clarify this here... you are both saying that if I submit my package on the 6th of July, with my ESTA expiring on the 10th of July, then I will be deportable for a year?

 

 

Im saying is that you won’t have proof that you’re not deportable until you have NOA1. If you’re that worried then do not come out of the house to reduce the risk of encountering CBP.

[Lemonslice 4,838]

You can also keep a copy of your package in a secure location, should you ever encounter a check point/be detained, your spouse can show them you have already filed to adjust your status.  Where are you located?  The probabilities of such an encounter vary greatly depending on your location/activity. 

[OldUser 6,645]

FYI @Broster440 ^^

 

[OldUser 6,645]

Also, @Broster440 check this out:

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

 

"If in unlawful immigration status, the noncitizen’s unlawful status generally begins:

 

On the day the noncitizen enters the United States without inspection; 

 

On the day the noncitizen violates the terms or conditions of his or her nonimmigrant status;[15] or

 

On the day after the noncitizen’s authorized status has been violated, has expired, been rescinded, revoked, or otherwise terminated while he or she is physically present in the United States.[16]

 

Unlawful immigration status generally ends when either of the following events occur, whichever is earlier:

 

The noncitizen obtains lawful immigration status, or

 

The noncitizen departs the United States."

 

Obtains lawful immigration status = when your GC is approved.

 

Authorized stay is not the same as immigration status.

[Crazy Cat 41,845]

8 hours ago, Broster440 said:

Hi all, I hope you may be able to help. I am applying for AOS based on marriage in a few weeks. I should submit my forms roughly on the 6th of July. I understand it takes a few weeks for USCIS to send a receipt (NOA1) of your filing, which can be used to prove your authorized stay. I go out of status (from ESTA) on the 10th of July. How do I prove that I have authorized stay (through my filing for AOS) before my NOA1 arrives?

 

Thank you.

Copy of the I-485 and USPS Priority Mail receipt.....and keep out of trouble.   That's the best you can do until you get the USCIS receipt.