Jump to content
ATLLN

TN visa to AOS for marriage question

 Share

3 posts in this topic

Recommended Posts

Hey everyone,

I've been scouring various message boards and websites trying to find a concrete answer but haven't gotten a clear picture yet.

 

Long story short, my husband who was here in the US under a TN visa filed an adjustment of status for permanent residence based on marriage (March 2019). The AOS was sent in April (compiling the documents is a royal PITA and took more time than I had allotted), and we received a text notice saying the forms had been received late April. CC was charged the $1225 + $535 fees the same day. The issue is as follows: his I-94 expires in a little more than a week. The text message said a letter would be mailed within a month, but that potentially is after his current TN visa expires. We've pulled the I-94 hoping to see a notice that it is pending AOS but so far just has the original VISA and expiration date. We are concerned about the (admittedly) remote chance of police/immigration interaction before we receive the 797. Has anyone experienced this? What do you suggest? Also ever so slightly afraid of an eventual rejection since the case won't be fully processed before the last visa expired (I've read that one is just paranoia).

 

Any stress-relieving information or experiences would be appreciated. 

Link to comment
Share on other sites

Filing AOS doesn’t grant a legal status. Accordingly the I-94 won’t be updated be updated.

 

It does grant a period of authorized stay. This would be evidenced via the NOA1. Until you get that, there would be no evidence of your authorized stay to present. I would suggest having a copy of the marriage certificate if you are really concerned, although the NOA1 likely will arrive shortly.

 

The case won’t be fully processed for months to over a year on average, depending on local USCIS field office. You just need it accepted, which would be the case if they charged you already.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

3 hours ago, geowrian said:

Filing AOS doesn’t grant a legal status. Accordingly the I-94 won’t be updated be updated.

 

It does grant a period of authorized stay. This would be evidenced via the NOA1. Until you get that, there would be no evidence of your authorized stay to present. I would suggest having a copy of the marriage certificate if you are really concerned, although the NOA1 likely will arrive shortly.

 

The case won’t be fully processed for months to over a year on average, depending on local USCIS field office. You just need it accepted, which would be the case if they charged you already.

Thanks for the clarification! 

Link to comment
Share on other sites

 
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...