If you have an AOS marriage to USC filed ALONG with a petition to extend an ongoing work status, does one affect the other?

[Yogalife 3]

Hi all!

 

So if someone has been here on an H1B , TN or E status and has filed for an extension, if they also file an AOS bec of marriage to USC, will the cases be decided on individually? Will one case affect the other? Do AOS cases get adjudicated by a different dept than non AOS cases?  Worst case, if the work extension gets denied, will that affect the outcome or the types of questions that an IO will ask an applicant during their marriage interview?

[payxibka 10,044]

6 minutes ago, Yogalife said:

Hi all!

 

So if someone has been here on an H1B , TN or E status and has filed for an extension, if they also file an AOS bec of marriage to USC, will the cases be decided on individually? Will one case affect the other? Do AOS cases get adjudicated by a different dept than non AOS cases?  Worst case, if the work extension gets denied, will that affect the outcome or the types of questions that an IO will ask an applicant during their marriage interview?

They are independent of each other.

[Yogalife 3]

Thanks! So if for whatever reason the work extension gets denied, the applicant wont' be questioned on that during AOS marriage interview?

[payxibka 10,044]

1 minute ago, Yogalife said:

Thanks! So if for whatever reason the work extension gets denied, the applicant wont' be questioned on that during AOS marriage interview?

Maybe,  maybe not.  The interviewer will ask questions based on your facts and circumstances as they deem necessary 

[eckoin 211]

On 7/18/2019 at 2:27 PM, Yogalife said:

Hi all!

 

So if someone has been here on an H1B , TN or E status and has filed for an extension, if they also file an AOS bec of marriage to USC, will the cases be decided on individually? Will one case affect the other? Do AOS cases get adjudicated by a different dept than non AOS cases?  Worst case, if the work extension gets denied, will that affect the outcome or the types of questions that an IO will ask an applicant during their marriage interview?

Really quite different for H1 and TN. One is dual intent, the other isn't. If I were to have extended (applied for a new one, technically) my TN - via USCIS processing - it would have been adjucated separately from my AOS. If my TN were denied, it wouldn't impact my AOS. Chances are, my TN application would have been automatically denied due to immigrant intent via AOS, but if that information didn't catch up to my TN, I suppose it's possible that it's be approved separately. Unlikely though. If I applied at the border - not via USCIS - then I'd be denied 95%. 5% for if they happened to not ask me any questions about my life and focused on the job, and didn't look into other pending applications; otherwise I have clear immigrant intent. 

 

H1 and E I'm not sure, since they are dual intent. But getting denied for one doesn't affect AOS by marriage, since the latter is about family reunification and doesn't take your employability into consideration. With some exceptions I suppose. 

[Yogalife 3]

Ok so if the TN expires while your extension for the TN is pending does that mean you are out of status? If you file AOS at this time while the TN extension still pending does that mean you are back in status?

 

i know this sounds confusing but if worst case scenario an IMmigration officer stops you at a routine freeway check and asks for your status, what is the official thing to say? My TN is expired but an extension is pending AND I have an AOS pending too ?

 

 

[azblk 338]

On 7/20/2019 at 4:36 PM, Yogalife said:

Ok so if the TN expires while your extension for the TN is pending does that mean you are out of status? If you file AOS at this time while the TN extension still pending does that mean you are back in status?

 

i know this sounds confusing but if worst case scenario an IMmigration officer stops you at a routine freeway check and asks for your status, what is the official thing to say? My TN is expired but an extension is pending AND I have an AOS pending too ?

Stop overthinking it. Immigration officers do not stop random people on the freeways. 

 

 

[Yogalife 3]

2 hours ago, azblk said:

 

Referring to the cbp checks on I5 from the Mexican border going up to LA. They have these checks in Texas and other border states too.

[eckoin 211]

On 7/20/2019 at 4:36 PM, Yogalife said:

Ok so if the TN expires while your extension for the TN is pending does that mean you are out of status? If you file AOS at this time while the TN extension still pending does that mean you are back in status?

I believe that a pending TN application by definition means that you are out of status but have authorized stay while it's processing; same with a pending AOS. You're legally in the US, but you don't have a status per se. 

On 7/20/2019 at 4:36 PM, Yogalife said:

i know this sounds confusing but if worst case scenario an IMmigration officer stops you at a routine freeway check and asks for your status, what is the official thing to say? My TN is expired but an extension is pending AND I have an AOS pending too ?

An AOS I-797 is all you need. It's so unlikely that you would be asked for this--if you're the driver, they'll look at your drivers licence which better be valid, and if you're the passenger, you can refuse to show anything at all (... Technically)--but overall, a valid ID + an I797 for a pending application is what allows you to remain in the US. 

[Yogalife 3]

Thanks! So under the "pending" status how do you fill otu the EAD request under the field what is your current status?