Travel before applying for AOS

[lovinglive 24]

3 hours ago, Quell said:

I'm confused! Did you file original paperwork in order to do AOS?? why mention visa if she's already on a visa? And where are you traveling?? Out of the country?? You should be able prioritize her legal status over traveling unnecessarily. 

Hi, thanks, I think this question has been answered by a few people.  

On 6/6/2022 at 1:55 PM, Demise said:

Oh okay. Honestly I wouldn't bother with I-539 since well trying to extend a period of admission as a tourist while she is trying to adjust can constitute fraud.

 

Try your best to tie the knot and file for AOS as soon as you can while she is still in status, but if falls out of it, it won't be a big deal, she will still be allowed to adjust.

Thanks, that's good advice and it sounds like the way forward is clear.

[poh 125]

On 6/3/2022 at 3:45 AM, lovinglive said:

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

Should be No problems with air or land Travel within US with REAL ID compliant valid state ID or driver license.  As long as you don't go out of the country and try to reenter.   

Edited June 15, 2022 by poh

[lovinglive 24]

15 hours ago, poh said:

Should be No problems with air or land Travel within US with REAL ID compliant valid state ID or driver license.  As long as you don't go out of the country and try to reenter.   

Hi, Thanks Poh.  She has her passport and no driver's license here yet.  

 

So you're saying even after her I-94 has expired its safe to travel by air?

 

At this point we are looking to submit her I-485 packet before traveling, but even then, we probably won't have time to get the NOA1 receipt back from USCIS in time to travel.  I saw that you can request e-notification with the G-1145 but am not sure if that is sufficient.   

[Crazy Cat 39,227]

15 hours ago, poh said:

Should be No problems with air or land Travel within US with REAL ID compliant valid state ID or driver license.  As long as you don't go out of the country and try to reenter.   

The person is inside the US via a B2 visa.......No REAL IDs, no authorization to be in the US after expiration of the I-94.

[lovinglive 24]

On 6/3/2022 at 3:50 PM, Demise said:

You killed the I-129F by not filing in time. File I-130, I-485, I-765, I-131, I-864, and I-693. When she flies have the receipt letter from I-485 with you since it'll serve as proof that she is legally in US by the virtue of being an applicant for AOS.

How long does it take to get the receipt letter for the I-485?  Is the notification from the G-1145 sufficient for this purpose?

[Villanelle 4,121]

@lovinglive

 

I don't really understand your reluctance to answer questions users are asking. No one has asked for sensitive/extremely private information. There are ways to answer while still maintaining your privacy. And you can always ask the mods to edit out anything you may have posted if you later feel uncomfortable with how much you disclosed publicly. 

 

As others have explained often people ask questions with tunnel vision. They don't realize they are asking the wrong questions and specifics matter. One small detail can make a huge impact. 

 

But regardless,  you do realize there are a significant number of people w/o status in the US. Many can go for years,decades even never encountering issues. There are also people who aren't so lucky! The advice of plan for the worst case scenario is good advice. 

 

The worst case scenario here involves your partner being detained. This is not a clear cut users can walk you through step by step what would happen as yes, there is policy guidance but it also involves a lot of discretion by the Officers involved. It's almost like if you asked what happens if I am stopped by the cops for speeding? Will I get a ticket? Will I be able to get it reduced in court? No one can say. We can tell you the laws and what should happen but that doesn't mean it will play out that way..

 

Your partner is on a B visa. Until you marry your partner is an alien with no qualifying relatives (I assume unless she has other family here). An alien with no qualifying relatives on an expired B visa will have a variety problems if 'caught'. All can be generally resolved if you were to marry and file the appropriate paperwork but it will be costly and time consuming. Not really a path you should take. 

 

Once married the alien does have a qr (qualifying relative), but the marriage itself does not confer benefits . You must file the paperwork for such. So if the alien is 'caught' prior to it being filed there will be a variety of issues. Again they can all be resolved but your goal should be avoiding them. 

 

To avoid issues you need to file the AOS package (which you need to be married to do). Once it's accepted by USCIS the auth stay takes effect. However you will NOT have proof of such until you receive the NOA in the mail for it. This is where discretion comes in to play. The Officers can see what you filed but what most USCs have a hard time understanding is the immigration system has a guilty until proven innocent set up.  And its your burden not theirs! You should not expect them to look into the system and determine auth stay applies, because while they can they probably won't.  You claim to have auth stay you need to show them and the NOA is the documentation you need. 

 

Detention centers are not known for being pleasant rather the opposite. So if this urgent need for travel is because of a 'fun' trip that has already been planned and paid for (odd to have made such plans for a period of time they had no auth to be here for), well the fun trip will no longer be fun if detained and you will both be asking afterwards if it was worth it. Most likely it wasn't.  Or it can impact the relationship if the alien is uncomfortable but you pushed them because that's all they will be thinking about in detention. Traveling or remaining with no status or auth needs to be the aliens decision. 

 

There are a few posts from users who were detained on VJ you all can read through as well as on the internet in general. I would suggest you do such. 

[lovinglive 24]

34 minutes ago, Villanelle said:

@lovinglive

 

I don't really understand your reluctance to answer questions users are asking. No one has asked for sensitive/extremely private information. There are ways to answer while still maintaining your privacy. And you can always ask the mods to edit out anything you may have posted if you later feel uncomfortable with how much you disclosed publicly. 

 

As others have explained often people ask questions with tunnel vision. They don't realize they are asking the wrong questions and specifics matter. One small detail can make a huge impact. 

 

But regardless,  you do realize there are a significant number of people w/o status in the US. Many can go for years,decades even never encountering issues. There are also people who aren't so lucky! The advice of plan for the worst case scenario is good advice. 

 

The worst case scenario here involves your partner being detained. This is not a clear cut users can walk you through step by step what would happen as yes, there is policy guidance but it also involves a lot of discretion by the Officers involved. It's almost like if you asked what happens if I am stopped by the cops for speeding? Will I get a ticket? Will I be able to get it reduced in court? No one can say. We can tell you the laws and what should happen but that doesn't mean it will play out that way..

 

Your partner is on a B visa. Until you marry your partner is an alien with no qualifying relatives (I assume unless she has other family here). An alien with no qualifying relatives on an expired B visa will have a variety problems if 'caught'. All can be generally resolved if you were to marry and file the appropriate paperwork but it will be costly and time consuming. Not really a path you should take. 

 

Once married the alien does have a qr (qualifying relative), but the marriage itself does not confer benefits . You must file the paperwork for such. So if the alien is 'caught' prior to it being filed there will be a variety of issues. Again they can all be resolved but your goal should be avoiding them. 

 

To avoid issues you need to file the AOS package (which you need to be married to do). Once it's accepted by USCIS the auth stay takes effect. However you will NOT have proof of such until you receive the NOA in the mail for it. This is where discretion comes in to play. The Officers can see what you filed but what most USCs have a hard time understanding is the immigration system has a guilty until proven innocent set up.  And its your burden not theirs! You should not expect them to look into the system and determine auth stay applies, because while they can they probably won't.  You claim to have auth stay you need to show them and the NOA is the documentation you need. 

 

Detention centers are not known for being pleasant rather the opposite. So if this urgent need for travel is because of a 'fun' trip that has already been planned and paid for (odd to have made such plans for a period of time they had no auth to be here for), well the fun trip will no longer be fun if detained and you will both be asking afterwards if it was worth it. Most likely it wasn't.  Or it can impact the relationship if the alien is uncomfortable but you pushed them because that's all they will be thinking about in detention. Traveling or remaining with no status or auth needs to be the aliens decision. 

 

There are a few posts from users who were detained on VJ you all can read through as well as on the internet in general. I would suggest you do such. 

This is similar to what many others have posted here already.

 

My question at this point is "How long does it take to get the receipt letter for the I-485?  Is the notification from the G-1145 sufficient for this purpose?"

 

See my post above about one hour ago.  ^^^^

 

You reply seems to be related to that in a way as you are saying that until you receive the NOA1, you can't rely on the immigration officer to look into the system to see that they have already submitted an I-485.

[Lil bear 3,831]

2 hours ago, lovinglive said:

How long does it take to get the receipt letter for the I-485?  Is the notification from the G-1145 sufficient for this purpose?

Varies from 1 week through a month. No the G 1145 is mot sufficient. Only adequate document is the original NOA 1 for the I 485.  No CBP/ICE Officer has a duty to “ look into the filing record of the detained person”. 

[lovinglive 24]

12 minutes ago, lovinglive said:

This is similar to what many others have posted here already.

 

My question at this point is "How long does it take to get the receipt letter for the I-485?  Is the notification from the G-1145 sufficient for this purpose?"

 

See my post above about one hour ago.  ^^^^

 

You reply seems to be related to that in a way as you are saying that until you receive the NOA1, you can't rely on the immigration officer to look into the system to see that they have already submitted an I-485.

Or perhaps an additional question is what the G-1145 notification enables you to do.

 

On the G-1145 form itself it states that "We will send the e-notification within 24 hours after we accept your application...The e-mail or text message will display your receipt number and tell you how to get updated case status information... The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  USCIS will also mail you a receipt notice (I-797C), which you receive within 10 days after your application has been accepted; use this notice as proof of your pending application or petition".

 

I assume the I-797C is the NOA1 people on this forum are referring to.

 

What's unclear to me from this is exactly what case status information you can get with the receipt number and the e-notification.

 

 

 

 

Edited June 16, 2022 by lovinglive

[Lil bear 3,831]

1 minute ago, lovinglive said:

Or perhaps an additional question is what the G-1145 notification enables you to do.

 

On the G-1145 form itself it states that "We will send the e-notification within 24 hours after we accept your application...The e-mail or text message will display your receipt number and tell you how to get updated case status information... The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  USCIS will also mail you a receipt notice (I-797C), which you receive within 10 days after your application has been accepted; use this notice as proof of your pending application or petition".

 

What's unclear to me from this is exactly what case status information you can get with the receipt number and the e-notification.

 

 

 

 

It gives you the current status of your filing. Nothing else. Current as of the last time USCIS updated it. It is nothing that you can use.
 

Honestly multiple ways or different questions isn't going to give  you any different   answers. 5+5=9+1=6+4=10

 

 

Take a flight after B visa expiry date and she will use her passport as ID. CBP will often look in the passport for the visa and its expiry date. Whammo. No NOA 1 for the AOS.. no evidence of authorised stay. Whammo.

 

Are you prepared to take the risk and live with the possible consequences ? Your choice.

 

Everyone on here has given good information. Nothing more to add. No loophole still to find .. no unique answer none of us knows .. no magic solution .. 

[Villanelle 4,121]

7 hours ago, lovinglive said:

Or perhaps an additional question is what the G-1145 notification enables you to do.

 

On the G-1145 form itself it states that "We will send the e-notification within 24 hours after we accept your application...The e-mail or text message will display your receipt number and tell you how to get updated case status information... The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  USCIS will also mail you a receipt notice (I-797C), which you receive within 10 days after your application has been accepted; use this notice as proof of your pending application or petition".

 

I assume the I-797C is the NOA1 people on this forum are referring to.

 

What's unclear to me from this is exactly what case status information you can get with the receipt number and the e-notification.

 

 

 

 

You answered your own question. 

 

What does the g1145 enable you to do? The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  

 

The online system is a courtesy and has various disclaimers about how its simply a courtesy, may be inaccurate, but most importantly does not grant any benefit. 

Typically people receive the NOA within 30 days. Yes, it says 10 days but read carefully. See how it says 'accepted'? Accepted doesn't mean when your package is delivered. You are not the only one sending mail to them. So your package will be received by the mail room and be processed. This means they check for things like signatures, all fields completed (not evaluating the content they are just the mail room-  but rather to ensure the Officers who ultimately get the package have an application they can adjudicate), they check for correct payment, etc. Think of it like a pre-screening.  Once they are done your package is either accepted and put in line to go to an Officer or rejected and sent back to you. The NOA will be sent with in 10 days and then it's in USPS hands.. Sometimes people have problems with the post office not delivering mail in a new name /person to their address. 

 

And yes, I thought it was pretty clear but @Lil bear said it better "No CBP/ICE Officer has a duty to “ look into the filing record of the detained person”. ".Again this can be a hard concept for citizens to grasp as we are accustomed to the burden being on 'them' to prove you are doing something wrong to prosecute you. Immigration is backwards. You must prove to them and they have no problem holding you until you do so. It's actually their job!! Aliens are specifically told they need to carry proof of status on them at all times to present upon demand. 

[lovinglive 24]

13 hours ago, Villanelle said:

You answered your own question. 

 

What does the g1145 enable you to do? The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers.  

 

The online system is a courtesy and has various disclaimers about how its simply a courtesy, may be inaccurate, but most importantly does not grant any benefit. 

Typically people receive the NOA within 30 days. Yes, it says 10 days but read carefully. See how it says 'accepted'? Accepted doesn't mean when your package is delivered. You are not the only one sending mail to them. So your package will be received by the mail room and be processed. This means they check for things like signatures, all fields completed (not evaluating the content they are just the mail room-  but rather to ensure the Officers who ultimately get the package have an application they can adjudicate), they check for correct payment, etc. Think of it like a pre-screening.  Once they are done your package is either accepted and put in line to go to an Officer or rejected and sent back to you. The NOA will be sent with in 10 days and then it's in USPS hands.. Sometimes people have problems with the post office not delivering mail in a new name /person to their address. 

 

And yes, I thought it was pretty clear but @Lil bear said it better "No CBP/ICE Officer has a duty to “ look into the filing record of the detained person”. ".Again this can be a hard concept for citizens to grasp as we are accustomed to the burden being on 'them' to prove you are doing something wrong to prosecute you. Immigration is backwards. You must prove to them and they have no problem holding you until you do so. It's actually their job!! Aliens are specifically told they need to carry proof of status on them at all times to present upon demand. 

OK, no problem, thanks for your extensive response.  That's an interesting up-close view of what happens when you send your documents.

[Quell 3]

On 6/3/2022 at 9:40 AM, lovinglive said:

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?

Whatever stops u from walking into the courthouse and get married in 30 mins is beyond yourself. You have a reaso. That you're intentionally delaying this wedding. 

[lovinglive 24]

On 6/4/2022 at 12:28 AM, Loren Y said:

I can have certified copies in the same day, I request them when I file the marriage license. I can pick people up at the airport, drive them to the License bureau (10 Min) for license, drive to Symphony Park ( I do many marriages there), walk or drive to the county clerks office ( It's that close to the park) , record and get certified copies in hand then and now. Only time you need to wait is if you do it on Sunday, Clerks office isn't open that day, and I can get them first thing Monday morning.

Do we need a marriage certificate for this or a final certified marriage license?  The place where we are going said they normally just sign and certify the original marriage license on the day of the ceremony.  But they also said they will issue a marriage certificate for a fee.

 

And how many copies do we need?

[Loren Y 2,732]

11 minutes ago, lovinglive said:

Do we need a marriage certificate for this or a final certified marriage license?  The place where we are going said they normally just sign and certify the original marriage license on the day of the ceremony.  But they also said they will issue a marriage certificate for a fee.

 

And how many copies do we need?

In Las Vegas I sign off on the marriage license,  then I take it to the clerks office and get the license recorded,  then they can issue the marriage certificate that you need for immigration purposes.  Copies are 20 dollars each. Most people get 2 to start. And can always order more online if needed.