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portorusa Rising Star

portorusa   431

Posted
Filed: AOS (pnd) Country: France
 Timeline
Posted

According to the stamp in his passport, my husband's ESTA expires 5/10. We applied for AOS but did not receive NOA yet. We will be passing through Border Patrol checkpoint the same day, 5/10.

Question: Will my husband be considered out of status on 5/10, or on the following day (5/11)? 

We are nervous...

Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted (edited)

If you applied for AOS and he does not have his AP yet he can’t leave the country. Well he can he just has to come back on a CR1 visa. One draw back of adjusting status while on a tourist visa is the inability to leave the country for a period of Time.

 

 

EDIT- I may have misunderstood this. You will be driving through a checkpoint in the US, not across the border correct? He will be considered out of status on the 11th. I would expect some questioning as well. Is it possible you can avoid traveling until you have your NOA1 which shows proof of legal (pending) status?  I highly recommend not traveling until that NOA1 is in hand especially since you live near the border; why chance it?

Edited by Luckycuds

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
1 hour ago, portorusa said:

We will be passing through Border Patrol checkpoint the same day, 5/10.

Question: Will my husband be considered out of status on 5/10, or on the following day (5/11)? 

5/10 in status; 5/11 out of status

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

portorusa Rising Star

portorusa   431

Posted
Filed: AOS (pnd) Country: France
 Timeline
  • Author
Posted

Thanks to everyone who answered! That’s right, we are not leaving the US. We live near the border, and there are checkpoints everywhere. Yes, looks like my husband has to be confined pretty much to staying put in the city until NOA is received. People who filed later than us, already got their NOAs. I have a feeling that our package going to be returned for some reason. Oh well.. 

portorusa Rising Star

portorusa   431

Posted
Filed: AOS (pnd) Country: France
 Timeline
  • Author
Posted
1 hour ago, Tjg312 said:

when did you submit your packet? just curious because I sent mine out on 5/1 and just saw CC charges on my credit card from Chicago Lockbox but haven't received any NOAs from text or mail

We submitted on 4/24. It was received on 4/28. Still no charges, nothing.

 
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