Expired I-94 and still no NOA

[alv&josh 34]

Hello,

I'm a little concerned to be outside our house with my I-94 date expired. What could I reply if I'm stopped and don't have any document from the USCIS that proves that I'm in the middle of a process of AOS. 

We send our papers mid february (before my I94 expiring, and probably won't have any documentation that states that we are in the middle of the AOS process.

 

I'm not freaking out becuase I read nothing will happen, but just wondering the worst case scenario.

Thanks!

[Magda M 9]

Why would they stop you ? I don't see any reason to panic here, you're good. You have your marriage certificate and you entered the country legally. Im just curious what are your concerns 

[Crazy Cat 41,981]

22 minutes ago, Magda M said:

Why would they stop you ? I don't see any reason to panic here, you're good. You have your marriage certificate and you entered the country legally. Im just curious what are your concerns 

Marriage, in itself,  conveys no immigration benefit or legal status in the US.  Once a person submits a proper I-485, then that person is granted "authorized stay" in the US until the I-485 is adjudicated.  However, authorized stay is not a legal immigration status.  

The OP is concerned because the I-797, receipt for the I-485, is the evidence that he/she has been granted authorized stay.  

 

Any non-immigrant is technically subject to removal after the expiration of the I-94 (married or not).  In this case, the OP is legally authorized to remain in the US until the I-485 is either approved or denied if a proper I-485 was submitted.  The issue here is proving that a proper I-485 has been submitted.

 

Edited March 13, 2021 by Lucky Cat

[alv&josh 34]

12 minutes ago, Magda M said:

Why would they stop you ? I don't see any reason to panic here, you're good. You have your marriage certificate and you entered the country legally. Im just curious what are your concerns 

mhmm basically that I always read that I should be carrying always documentation and ID, and when in the US I should have my i94 with me because the last two times I came here my passport wasn't stamped

[Lucky2Lucky 2,526]

16 minutes ago, alv&josh said:

mhmm basically that I always read that I should be carrying always documentation and ID, and when in the US I should have my i94 with me because the last two times I came here my passport wasn't stamped

Do you live near the border? If not then don’t worry about it.
I’ve never heard of someone carrying their I-94 I assume the vast majority of people who come to the US for immigration or tourism don’t even know what that is.

[Skyman 327]

On 3/14/2021 at 3:51 AM, alv&josh said:

Hello,

I'm a little concerned to be outside our house with my I-94 date expired. What could I reply if I'm stopped and don't have any document from the USCIS that proves that I'm in the middle of a process of AOS. 

We send our papers mid february (before my I94 expiring, and probably won't have any documentation that states that we are in the middle of the AOS process.

 

I'm not freaking out becuase I read nothing will happen, but just wondering the worst case scenario.

Thanks!

You should receive the receipt(s) soon.  Give it another week or 2 and then call.

[alv&josh 34]

On 3/16/2021 at 1:41 AM, Skyman said:

You should receive the receipt(s) soon.  Give it another week or 2 and then call.

yes! Next week will be one month after they received our packet!