Chica79

Thank you for reading my question, understanding what I was asking for, and providing an answer.
 

Your evidence will be the receipt notice for submission of the I-485.  It will likely take several weeks.

Technically, when the I94 expires the immigrant starts to accrue unlawful presence, however that is forgivable for an immediate relative such as a spouse once the AOS package is submitted.  There is no actual time requirement to file the I485 after a K1 marriage, and we often hear stories of people waiting a year or more before they file, however that can lead to problems.  The best course is to try and file for AOS soon after the marriage and if possible prior to the I94 expiring to avoid any issues.  There are stories out there where people got called before an IJ after something like a minor traffic incident where they were asked for proof of legal status and they had not filed the I485 yet.  I believe the IJ told them to file the I485 ASAP.

As I read more cases involving ICE/CBP detaining aliens at various stages the I-485 process and the timing of that filing with respect to the expiration of the I-94 this is my current thinking / understanding: 
 
* Aliens with no break in authorized presence are never illegal: Neither CBP (at an internal check point within 100 miles of an international border) nor ICE has any legal authority to detain or apprehend the alien beyond the normal check point processing that even US citizens are forced to experience.  
 
* Aliens with any break in authorized presence are illegal (CBP/ICE have authority to derail or apprehend) until they become LPRs or are readmitted for entry into the USA at a lawful port of entry.  
 
Thus it is best to file I-485  before the I-94 expires, and have proof of the filing such as a USPS tracking number.  This avoids a break in authorized presence.   Feel free to be somewhere in the USA where CBP or ICE are known to be.  Wanna go to Roswell to learn the true about UFOs? Enjoy.  

If I-485 is filed after the I-94 is expired, the alien is illegal but has authorized presence.  Even after filing I-485,  avoid  encounters with CBP and ICE until the I-485 is decided.  If you have an Advance Parole document I believe encounters with CBP are safe, but no so sure about ICE.  Consider delaying  that trip to New Mexico.  

If the I-485 is denied the spouse’s authorized presence will terminate (typically in 33 days from the date of the denial) unless an appeal is filed or in some cases a new I-485 is filed that addresses the reason for the denial (typically for denials due to the petitioner’s income being insufficient).  
 
It is immediate upon filing the I-485.  Never file an I-485 without proof of mailing: USPS Priority Mail is the minimum bar and at under $10 for a flat rate mailing it is inexpensive ICE insurance.  Ideally you get the actual receipt for the filing before the I-94 expires.  

Go to the interview.  You may get back together.

Go to the interview.  You may get back together.

Go to the interview.  You may get back together.

Go to the interview.  You may get back together.

Slow down. Is it something you can work out?

Slow down. Is it something you can work out?

Our struggle is close to over.
 
Jan 2020 filed 129F petition.
February 2020 Got receipt for petition
August 2020 Petition was approved
US Embassy closed for remainder of 2020
March 2021 Did not wait for anyone to contact me from NVC.  Paid MRV fee and scheduled appointment for late July 2021
March 2021 Appointment was moved to April 2021 and notice was received from embassy with instructions
April 2021, Was mortified visa would was going into the blackhole of admin processing
April 2021, visa was approved and issued.
 
The main deal at the interview was they did an extensive background check on name and associated numbers like passport, drivers license ssn etc on fiance.  Mostly all questions asked were based on verifying relationship.  That made me happy because, I had been to see my fiance 6 times while waiting and we had lots of loving pics with me his family.  We even went on vacation together to another country.  Even still, they asked him for more pics.  I feel like the pandemic made this process really longer.

Thank you so much!
 

Our struggle is close to over.
 
Jan 2020 filed 129F petition.
February 2020 Got receipt for petition
August 2020 Petition was approved
US Embassy closed for remainder of 2020
March 2021 Did not wait for anyone to contact me from NVC.  Paid MRV fee and scheduled appointment for late July 2021
March 2021 Appointment was moved to April 2021 and notice was received from embassy with instructions
April 2021, Was mortified visa would was going into the blackhole of admin processing
April 2021, visa was approved and issued.
 
The main deal at the interview was they did an extensive background check on name and associated numbers like passport, drivers license ssn etc on fiance.  Mostly all questions asked were based on verifying relationship.  That made me happy because, I had been to see my fiance 6 times while waiting and we had lots of loving pics with me his family.  We even went on vacation together to another country.  Even still, they asked him for more pics.  I feel like the pandemic made this process really longer.

Lol!  Thank you for what you could provide.

Senegal upgraded our appointment 3 weeks earlier than expected.  It was July 6, then April 20, not April 6.

Senegal upgraded our appointment 3 weeks earlier than expected.  It was July 6, then April 20, not April 6.

Yes.  Thank you.  The fees need to be paidi in person and in cash in Senegal.
 

Having a baby or becoming pregnant do not help your process or make anything quicker and does not even qualify for an expedited process.  Because being pregnant is considered everyday life.