Proof of pending I-485 after expiration of I-94

[seward 0]

Once my husband's I-94 expires, I know he is still legal after filing for AOS, even before he is given the Green Card. But how does he prove that he has applied for AOS? It makes me nervous to have an expired I-94 and no other documentation.

Also, we are having trouble obtaining his immunization record, since Mexico generally wants the person in question to request it in person. Right now, we have a record saying that his immunization in Mexico is "updated." And if the record of all his vaccines does not arrive before the I-94 expires, that is all we have to send in. Has anyone ever gone through this too?

Thank you!

[I Miss Her 0]

Once my husband's I-94 expires, I know he is still legal after filing for AOS, even before he is given the Green Card. But how does he prove that he has applied for AOS? It makes me nervous to have an expired I-94 and no other documentation. Notice of Action for “Adjustment of Status”.

Also, we are having trouble obtaining his immunization record, since Mexico generally wants the person in question to request it in person. Right now, we have a record saying that his immunization in Mexico is "updated." And if the record of all his vaccines does not arrive before the I-94 expires, that is all we have to send in. Has anyone ever gone through this too?

Thank you!

Edited April 5, 2009 by I Miss Her

[k84 11]

But how does he prove that he has applied for AOS?

Should he ever be asked for proof of status, you will need to show the NOA1 (letter from USCIS that says they received the application and payment). That (along with the K1 visa in the passport) is usually enough to satisfy anyone who asks (if that happens) that he is allowed to be here.

I made a copy of that letter and keep it in my wallet in case I ever need it - the original copy is stored at home.

It makes me nervous to have an expired I-94 and no other documentation.

I was the same way - I didn't like the period between the I-94 expiring and receiving the NOA1 from USCIS, but it is unlikely that he will be asked for it unless he goes through an airport or is picked up by the police.

[Gary and Alla 3,696]

Once my husband's I-94 expires, I know he is still legal after filing for AOS, even before he is given the Green Card. But how does he prove that he has applied for AOS? It makes me nervous to have an expired I-94 and no other documentation.

Also, we are having trouble obtaining his immunization record, since Mexico generally wants the person in question to request it in person. Right now, we have a record saying that his immunization in Mexico is "updated." And if the record of all his vaccines does not arrive before the I-94 expires, that is all we have to send in. Has anyone ever gone through this too?

Thank you!

You will receive an I-797C receipt for filing the AOS a few days after they receive your filing. This is proof he has filed. Technically, legally, he should carry this with him along with the passport and I-94 to be able to prove he is legally here. In our area it is not something anyone checks so my wife did not, in other parts of the country I would recommend he carries this with him (copy, not the original I-797C, which you should keep in a safe climate controlled vault for future use and posterity)

[seward 0]

Thank you everyone for your replies!