evidence and NOA

[spiderbonge 0]

can an NOA be enough evidence that my husband is staying here in the US legally???

we already submitted our AOS, EAD and AP application (we already got our NOAs for all 3 said documents)

his visa expires next month... can an NOA be enough evidence that my husband is staying here in the US legally while waitng for our AOS papers to finish??

[payxibka 10,044]

For what purpose?

His visa expiration is meaningless... Do you mean his I-94?

Edited June 16, 2008 by fwaguy

[maztec 0]

can an NOA be enough evidence that my husband is staying here in the US legally???

we already submitted our AOS, EAD and AP application (we already got our NOAs for all 3 said documents)

his visa expires next month... can an NOA be enough evidence that my husband is staying here in the US legally while waitng for our AOS papers to finish??

It is a grey area of the law - but you are fine. It isn't considered an overstay unless your petition is denied and even then it is rarely useable against you unless CIS can show the relationship was not bona fide and was entered to circumvent immigration law.

He can stay here legally, but he cannot work until he receives his EAD or travel until he receives his AP/TD [travel document]. The EAD should arrive within 90 days.