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TN visa to AOS for marriage question

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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. 

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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:

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

12/1/17: sent

12/14/17: 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

 

 

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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! 

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