Jump to content

84 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States 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

 

 

Share this post


Link to post
Share on other sites

Small chance?  Maybe.....Maybe not...

 

 


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States 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

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
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 by lovinglive
typo

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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?


From AOS to ROC (So far)

 

AOS😎

Filing date: 10.17.2019

Biometrics: 12.12.2019

RFE: 01.15.2020

RFE response: 01.22.2020

RFE response acknowledgment: 01.30.2020

READY TO BE SCHEDULED FOR AN INTERVIEW: 02.07.2020

INTERVIEW SCHEDULED: 02.07.2020

(hold on, this is where it gets interesting)

INTERVIEW DATE: 03.18.2020

The day before: rrrrriiiiiiing riiiiiiiing *my cell phone rings as we were loading the car to spend the night at a hotel prior to our interview. Interview cancelled because of COVID.🙄🙄😷🤒

READY TO BE SCHEDULED: 03.19.2020

RFE FROM THE FIELD OFFICE FOR US TO SEND THE EVIDENCE: Somewhere in early April.🙄

EVIDENCE SENT: 04.14.2020

CASE APPROVED: 04.29.2020.

GREEN CARD IN HAND: 05.01.2020🟩

 

ROC (so far).

PACKAGE RECEIVED AT PHOENIX LOCKBOX: 02.01.2022.

NOTIFICATION (TXT): 02.04.2022. LIN service center

BIOMETRICS: 03.28.2022 (USCIS Case tracker update Case Was Updated to Show Fingerprints Were Taken) and also email update *biometrics used from AOS*

 

Share this post


Link to post
Share on other sites
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.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States 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

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
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 by Misscloud

Share this post


Link to post
Share on other sites

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


From AOS to ROC (So far)

 

AOS😎

Filing date: 10.17.2019

Biometrics: 12.12.2019

RFE: 01.15.2020

RFE response: 01.22.2020

RFE response acknowledgment: 01.30.2020

READY TO BE SCHEDULED FOR AN INTERVIEW: 02.07.2020

INTERVIEW SCHEDULED: 02.07.2020

(hold on, this is where it gets interesting)

INTERVIEW DATE: 03.18.2020

The day before: rrrrriiiiiiing riiiiiiiing *my cell phone rings as we were loading the car to spend the night at a hotel prior to our interview. Interview cancelled because of COVID.🙄🙄😷🤒

READY TO BE SCHEDULED: 03.19.2020

RFE FROM THE FIELD OFFICE FOR US TO SEND THE EVIDENCE: Somewhere in early April.🙄

EVIDENCE SENT: 04.14.2020

CASE APPROVED: 04.29.2020.

GREEN CARD IN HAND: 05.01.2020🟩

 

ROC (so far).

PACKAGE RECEIVED AT PHOENIX LOCKBOX: 02.01.2022.

NOTIFICATION (TXT): 02.04.2022. LIN service center

BIOMETRICS: 03.28.2022 (USCIS Case tracker update Case Was Updated to Show Fingerprints Were Taken) and also email update *biometrics used from AOS*

 

Share this post


Link to post
Share on other sites
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.

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...