Proof of legal status to be in US after submitting AOS

[azuki 1]

In this climate with the politics around immigration and ICE conducting raids, I'm worried about my husband being able to prove he's able to be in the US legally. In other threads I've read that while USCIS is deciding a case you're free to be in the US, but does this update the I-94? Because that expires on August 11. We'll be sending the packet in this week. I'm assuming a NOA is enough proof, but I also know that it can take 30 days to receive anything that they've received the AOS.

 

Probably overthinking the situation, but the visa in his passport is expired since it's past 3 months since the US embassy issued it and the I-94 will also end soon as well.

[Just Paul 4,591]

Don't stress too much.   I-94 is good until expired.   The NOA1 comes in a few weeks.

[Allaboutwaiting 2,500]

The visa became invalid as soon as your husband entered. Once the I-94 expires, you're correct, the NOA1 for AOS will be proof of authorized/ legal presence. 

 

Though there could be delays, the notification generally arrives around a week after filing.

[Pitaya 2,576]

36 minutes ago, azuki said:

In this climate with the politics around immigration and ICE conducting raids, I'm worried about my husband being able to prove he's able to be in the US legally. In other threads I've read that while USCIS is deciding a case you're free to be in the US, but does this update the I-94? Because that expires on August 11. We'll be sending the packet in this week. I'm assuming a NOA is enough proof, but I also know that it can take 30 days to receive anything that they've received the AOS.

 

Probably overthinking the situation, but the visa in his passport is expired since it's past 3 months since the US embassy issued it and the I-94 will also end soon as well.

A couple of things to keep in mind. The K1 visa is a one-way, one-time visa that was invalidated by the CBP officer at your husband''s Port of Entry (POE) into the United States. His electronic Form I-94 is his document of legal presence in the US. If you haven't already, go to CPB website and print out his Form I-94, https://i94.cbp.dhs.gov/I94/#/home . That is why it is important to file for Adjustment of Status/Employment Authorization Document/ Advanced Parole (AOS/EAD/AP, I-485/I-765, I-131) as soon as possible after the alien fiance marries their US Citizen (USC) petitioner. Upon receipt of the AOS NOA1 (document of receipt of AOS petition), the alien spouse enters into another period of legal presence in the US, due to the filing of the AOS petition/awaiting adjudication. 

 

I would encourage you to also concurrently file for AOS/EAD/AP. There are no extra fees associated with filing of EAD/AP apps, if done at the same time. See the "Special Instructions" tab on the USCIS AOS link, https://www.uscis.gov/i-485 . Due to the current  quite prolonged AOS processing times (up to 18 months at some local USCIS offices), the opportunity to work, or travel home (if needed), obtained through filing of the EAD/AP apps can be helpful. EAD/AP processing is currently taking 6-10 months. You should also attempt to obtain a SSN for your husband, a copy of the Marriage Certificate can be useful. Fill out Form SS-5 at the SSA online site, print it out and take it and requested documentation to apply at your local SSA office. Filled out examples of the common immigration forms is easily available on this site, go to the top of the forum page, tap on the Immigration Guides tab, click on the Example Forms tab, find the example form you need. Good luck on your immigration journey.

Edited July 30, 2019 by Pitaya (火龙果)

[fip & jim 452]

Before marriage - passport with valid I-94

After marriage - copy of marriage certificate and passport with valid I-94

After filing for AOS - copy of marriage certificate, passport and copy of cover letter for filing for AOS/EAD/AP

After filing for AOS has been received by USCIS - copy of marriage certificate, passport and copy of NOA1 (I-797) for AOS

If EAD/AP is issued before green card - copy of marriage certificate, passport and EAD/AP

[Pitaya 2,576]

To answer your initial question, in these interesting times of "enhanced immigration enforcement" that we currently live in, I would suggest until such time that all similarly situated alien spouses have their EAD/AP combo card (I-760), or 2-yr conditional Green Card (I-551), they should consider carrying their valid passport, a copy of their Form I-94, a copy of the Form I-797C (NOA1) receipt of AOS acceptance of application, and a copy of their marriage license. Hopefully to stave off your detention by the jack-booted, black-shirted agents of DHS/USCIS/CBP.

 

Good luck on your immigration journey.