Travel before applying for AOS

[lovinglive 24]

Hello everyone, 

 

My fiance and I have decided to apply for AOS instead of spousal visa.   But we will not be able to do the wedding and submit the AOS application before my fiance's visa entry expires.  I read before that there is a small chance that my fiance could be detained for overstaying her visa.  But we also need to travel before our wedding.  Will it be a problem to take flights after the visa entry expires?  Would we be better to stick to other forms of transport?  Thanks in advance for any thoughts or experience you have.

[Crazy Cat 41,974]

I would highly suggest you marry and file the I-485 package BEFORE she overstays her I-94.  Going through an airport after the I-94 expires would not be wise, imho.  

[Crazy Cat 41,974]

Small chance?  Maybe.....Maybe not...

 

 

[lovinglive 24]

21 minutes ago, Crazy Cat said:

I would highly suggest you marry and file the I-485 package BEFORE she overstays her I-94.  Going through an airport after the I-94 expires would not be wise, imho.  

Thanks for your feedback, I appreciate that.  Unfortunately I don't think there's any way we can do it.  It will be about a month after the I-94 expires.  Would other forms of transport be better, in your view?

Edited June 3, 2022 by lovinglive
typo

[lovinglive 24]

13 minutes ago, Crazy Cat said:

Small chance?  Maybe.....Maybe not...

 

That's a good example, thanks! 

 

13 minutes ago, Crazy Cat said:

 

 

[Verrou 1,962]

what visa does she have right now? and the travel is within US?

[lovinglive 24]

1 minute ago, Misscloud said:

what visa does she have right now? and the travel is within US?

Travel is within the US, of course.  She's using a B2 visa.

[Verrou 1,962]

1 minute ago, lovinglive said:

Travel is within the US, of course.  She's using a B2 visa.

u never know nowdays, that's why i ask. just travel when i-94 still valid, she should be good. 

[lovinglive 24]

2 minutes ago, Misscloud said:

u never know nowdays, that's why i ask. just travel when i-94 still valid, she should be good. 

Yes, thanks, we need to travel after the i-94 expires, that's why I'm asking.

[Rocio0010 5,579]

36 minutes ago, lovinglive said:

Will it be a problem to take flights after the visa entry expires?

It might or might not be a problem. I personally would not risk it. Why are you waiting to send the package?

[Crazy Cat 41,974]

2 minutes ago, lovinglive said:

Yes, thanks, we need to travel after the i-94 expires, that's why I'm asking.

Once an I-94 expires, the person is not authorized to even be inside the US.  Once a proper I-485 is submitted, the person is granted "authorized stay" until the I-485 is either approved or denied.  

[Verrou 1,962]

6 minutes ago, lovinglive said:

Yes, thanks, we need to travel after the i-94 expires, that's why I'm asking.

there's always 50-50 chance. never know for sure. i personally saw in front of my eyes when it happened in the airport and it turned bad. there's officers ( not clear where are they from) removed 2 passengers out from the plane. i heard clearly it because of i-94 expiry date

 

 

Edited June 3, 2022 by Misscloud

[Rocio0010 5,579]

When making a decision like this, always assume the worse.

[lovinglive 24]

8 minutes ago, Crazy Cat said:

Once an I-94 expires, the person is not authorized to even be inside the US.  Once a proper I-485 is submitted, the person is granted "authorized stay" until the I-485 is either approved or denied.  

OK, thanks for that additional information.  But stepping back further, I thought that even if someone overstays, if they later file the I-485 then it works out OK.  But during the time between the I-94 expiry and filing the I-485, they are vulnerable.

[lovinglive 24]

8 minutes ago, Rocio0010 said:

When making a decision like this, always assume the worse.

That's a good idea, thanks.