Jump to content

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline
Posted

I have another topic going on, but I wanted to ask another question.

We're definitely going to mail in the i-485 before the 90-day mark, but I was wondering if we are risking my husband getting deported because of not filing any sooner.

Is he immune to being sent out of the country after we file for the AoS or is there something we need to do in order to prevent that?

Thank you in advance!

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi,

When your fiance entered the US, he was allowed to stay for 90 days. He is legally here for those 90 days, so there is no risk of deportation since he is still in status.

Once you file the AOS, he is authorized to be in the US until the case is decided. Keep a copy of the NOA1 (receipt) from filing the I-485 with him.

DO NOT WORRY ABOUT DEPORTATION. It's a non-issue as long as you file the I-485 before his 90 days are up.

Posted (edited)

I have another topic going on, but I wanted to ask another question.

We're definitely going to mail in the i-485 before the 90-day mark, but I was wondering if we are risking my husband getting deported because of not filing any sooner.

Is he immune to being sent out of the country after we file for the AoS or is there something we need to do in order to prevent that?

Thank you in advance!

No. It is actually a gray area and no definite deadline to file AOS within the 90 days from POE. It's just highly advisable that people file as soon as possible to avoid that very small risk of getting caught once the I-94 expires. So far, I only read of one case here and he was detained. Avoid states by the border where there are actively roving CBP patrol officers.

Once he submitted his AOS application and received the NOA for this, it will be his new proof of authorized stay until he receives his EAD/AP card or GC, whichever comes first. :)

Edit: Yes, as what Aaron said. :D.

Edited by sweet cakes

heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

Filed: K-1 Visa Country: Canada
Timeline
Posted

Thanks a lot! That takes a bit of stress off my chest ;w;

I was a little worried because we're going to be kind of pushing the time limit. We're likely going to send the form by July 2nd, and his 90 days end on the 13th, so yeah, pretty close to the end there x) thanks again for answering!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...