Jump to content
Eric Bargemann

Domestic Air Travel, Expired K-1/I-94, No AOS NOA Yet

37 posts in this topic

Recommended Posts

Hi everyone,

 

My wife and I are slightly concerned. We submitted our completed AOS paperwork to our attorney for his final review/signature/sendoff on 09/03/19 and have yet to receive confirmation from him that he received the packet (thus, it has still not been sent to USCIS). We have an upcoming trip to Denver (10/5) and I am worried about us not receiving the NOA by that time. My wife's I-94 expires 09/18. We of course have a copy of our marriage certificate but at this point that's all. Our attorney has advised in the past that in the event we do not have the NOA in time, he can provide us with a letter to provide to TSA (if they inquire) confirming AOS process has been inititated. My question though is -- is that sufficient? Has anyone had success with this method (atty letter) in the past? Are there still risks posed by us flying domestically with no AOS NOA yet?

 

Your feedback is greatly appreciated.

Edited by Eric Bargemann

Share this post


Link to post
Share on other sites
9 minutes ago, Eric Bargemann said:

Hi everyone,

 

My wife and I are slightly concerned. We submitted our completed AOS paperwork to our attorney for his final review/signature/sendoff on 09/03/19 and have yet to receive confirmation from him that he received the packet (thus, it has still not been sent to USCIS). We have an upcoming trip to Denver (10/5) and I am worried about us not receiving the NOA by that time. My wife's I-94 expires 09/18. We of course have a copy of our marriage certificate but at this point that's all. Our attorney has advised in the past that in the event we do not have the NOA in time, he can provide us with a letter to provide to TSA (if they inquire) confirming AOS process has been inititated. My question though is -- is that sufficient? Has anyone had success with this method (atty letter) in the past? Are there still risks posed by us flying domestically with no AOS NOA yet?

 

Your feedback is greatly appreciated.

Why hasn't it been sent?  We got our NOA1 within a week of submission .  There is always a risk.

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites
7 minutes ago, Eric Bargemann said:

Our attorney has advised in the past that in the event we do not have the NOA in time, he can provide us with a letter to provide to TSA (if they inquire) confirming AOS process has been inititated.

Your attorney is wrong........Once the I-94 has expired, your wife is out of status and subject to deportation.......until the I-485 is filed....only the I-797 is evidence of having filed.......It probably won't be an issue with TSA........but CBP is a different matter......

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
2 minutes ago, missileman said:

Your attorney is wrong........Once the I-94 has expired, your wife is out of status and subject to deportation.......until the I-485 is filed....only the I-797 is evidence of having filed.......It probably won't be an issue with TSA........but CBP is a different matter......

If we're flying just from PHX to DEN, we'd only be passing through TSA. So as long as her foreign passport (which remains current/valid) matches the name on her ticket (which it does), should we be okay?

Share this post


Link to post
Share on other sites
4 minutes ago, payxibka said:

Why hasn't it been sent?  We got our NOA1 within a week of submission .  There is always a risk.

We completed everything already, but our attorney still needs to sign the docs himself before he then sends it off to USCIS.

 

You received your NOA1 in 1 week? Whew, so there is hope after all! I was hearing 3-4 week timeframes.

Share this post


Link to post
Share on other sites
2 minutes ago, Eric Bargemann said:

If we're flying just from PHX to DEN, we'd only be passing through TSA. So as long as her foreign passport (which remains current/valid) matches the name on her ticket (which it does), should we be okay?

Most do without issue.   However,  the CBP has been known to "hangout" at the TSA checkpoint from time to time 


YMMV

Share this post


Link to post
Share on other sites
2 minutes ago, Eric Bargemann said:

If we're flying just from PHX to DEN, we'd only be passing through TSA. So as long as her foreign passport (which remains current/valid) matches the name on her ticket (which it does), should we be okay?

Probably won't be an issue........but this thread is interesting:

 

 


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
1 minute ago, Eric Bargemann said:

We completed everything already, but our attorney still needs to sign the docs himself before he then sends it off to USCIS.

 

You received your NOA1 in 1 week? Whew, so there is hope after all! I was hearing 3-4 week timeframes.

Been people all over the board, but it is possible 


YMMV

Share this post


Link to post
Share on other sites
12 minutes ago, Eric Bargemann said:

he can provide us with a letter to provide to TSA

The TSA has nothing to do with it. The CBP or ICE are the ones you should be worried about. The lawyer's letter means nothing. However, I believe they (CBP/ICE) have the ability to verify that an I-485 is pending for such person. The question is,  if she is stopped and detained, how much time is she gonna spend in detention until someone gets around to verify her status. Could be few hours or few days. In rare circumstances, ICE has actually detained US citizens for weeks/months.

 

https://www.washingtonpost.com/nation/2019/07/23/francisco-erwin-galicia-ice-cpb-us-citizen-detained-texas/?noredirect=on

Share this post


Link to post
Share on other sites

Just spoke with our attorney. He confirmed as long as our AOS has been filed with USCIS (which it will be by the time of our trip), we will be fine. Worst case, if questioned, they'd have to look it up in the system if we didn't receive our NOA yet. The letter from him would be basically just to further support/reinforce that we have already filed AOS/are awaiting the NOA

 

Question answered. Thanks for the input everyone!

Share this post


Link to post
Share on other sites

 

21 minutes ago, Eric Bargemann said:

Just spoke with our attorney. He confirmed as long as our AOS has been filed with USCIS (which it will be by the time of our trip), we will be fine. Worst case, if questioned, they'd have to look it up in the system if we didn't receive our NOA yet. The letter from him would be basically just to further support/reinforce that we have already filed AOS/are awaiting the NOA

 

Question answered. Thanks for the input everyone!

 This is what can happen if the AOS is delayed..........the OP spent 5 weeks in jail..........I would demand that the AOS be filed asap.

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

He isn't charging us anything extra for the letter (if it's even necessary--we could very well have our NOA by then), and confirmed he is indeed filing it ASAP. We have over 3 weeks until the trip so I'm not worried about USCIS receiving the file in that timeframe. The OP in the attached topic had not actually filed AOS yet (was awaiting some tax documents), which is a different circumstance altogether. I was just concerned about not yet having the NOA while AOS was already filed.

Share this post


Link to post
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...