Paperwork in process in writing?

[mekamac25 0]

Just now, Chancy said:

 

Thanks.  Are you a US citizen?

 

Yes

[Chancy 6,233]

10 minutes ago, mekamac25 said:

Yes

 

Then it won't be a big problem even if you and your future husband submit the AOS package after his I-94 expires.  Of course, it would still be best to send it as soon as possible, for his peace of mind.

 

Edit: added qualifier.  Being out of status could a problem, as technically, the alien would be deportable.  But, this is not a deal-breaker for adjusting status.  Just keep a low profile while waiting for the I-485 NOA1 letter.

 

Edited October 20, 2020 by Chancy

[Co6aka 17]

23 hours ago, Chancy said:

 

Being out of status could a problem, as technically, the alien would be deportable.

I thought ICE had guidelines re not apprehending or deporting, something about under 180 days, and then 181 to 360 days, and if legally married to a USC and preparing to file AOS, especially not when the entry was legal.

 

Anyway, FWIW, my wife carries a copies of our marriage certificate, her passport's ID page and visa page, plus she has scans of those and my passport on her mobile phone.  When we received the I-797 notices she added scans of all to her phone, plus a photocopy of the I-797 for the I-485 to her purse.  (Use an encrypted folder on a mobile phone for such documents.)

[Chancy 6,233]

4 minutes ago, Co6aka said:

I thought ICE had guidelines re not apprehending or deporting, something about under 180 days, and then 181 to 360 days, and if legally married to a USC and preparing to file AOS, especially not when the entry was legal.

 

They will not be deported immediately but they could be detained if they're unlucky, like this other VJ member who did not file for AOS in a timely manner --

 

 

[mekamac25 0]

On 10/21/2020 at 10:28 AM, Chancy said:

 

They will not be deported immediately but they could be detained if they're unlucky, like this other VJ member who did not file for AOS in a timely manner --

 

 

His was a K1. Would that still be an issue with a H2B visa? 

[Chancy 6,233]

On 10/24/2020 at 11:18 AM, mekamac25 said:

His was a K1. Would that still be an issue with a H2B visa? 

 

Once your future husband's I-94 expires, he would be out of status regardless of the type of visa he used to enter the US.  If his luck is specially bad, he could be detained.  But like I said before, being out of status would not be a deal-breaker for AOS for a spouse of a US citizen.  Just file the AOS paperwork as soon as possible and keep a low profile while waiting for the I-485 receipt notice.