lovinglive

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.

Hi, I thought the I-129F is only for applying for a fiance visa when the fiance is still overseas?

55 minutes ago, Jorgedig said:

Then that’s your personal decision, based on your own tolerance for risk.   It is not a chance-based system or a question anyone here can answer.

Thanks, actually many people were able to provide useful answers.

1 hour ago, Rocio0010 said:

Unless they are interested in your SO for something specific, like a crime, I don’t think there is going to be a need to even ask her for her I-94.

Just curious, why are you reluctant to send the application before the expiration date?

Just in my experience today, people on here ask a lot of questions and it's not clear why we don't have the option not to answer!  

3 hours ago, Crazy Cat said:

It will be 1000% better than not having submitted it at all if she is detained/jailed by ICE......

Thanks for all your advice, and I can't believe that you have 27,000 posts on here!   So just to be clear, if we do a marriage ceremony at the courthouse, and it is already past the I-94 expiry, is there also a risk of getting in legal trouble at the court house itself?  It seems there are police there as well.

I ask because there are other people who have authority to perform the ceremony so there could be other options. 

12 minutes ago, ghostinthemachine said:

We only filed around 6 weeks after my I-94 "expired". We only just got married a few days before the expiration date with about a couple of weeks planning ahead so just didn't have enough time to gather all the docs, especially from my husband's work. 

 

Specifically didn't travel anywhere during this time as we were super paranoid that we'd randomly be stopped as it just so happens sometimes... if you can avoid to travel, whether it's by air or car, I absolutely would for peace of mind. I definitely would steer clear of any foreign or state borders too, depending on where you live. 

 

If you still have time now I'd suggest gathering all the AOS docs you can now, schedule a quick civil wedding somewhere or have someone just officiate one in their office if that's an option for you and file before the I-94 is too far gone. Wish we would've done it that way last year.

And the reason that you wish you'd done it that way is just because of all the stress and fear of being randomly stopped?

5 hours ago, Loren Y said:

As always, If you can make it to Vegas, I can get you married with certificate in hand in less than an hour. If you bring your 485 packet with you, you can add the certificate, and mail it out the same day ( I have had people do this). Message me if you need a quick ceremony with certificate in hand.

So I guess we will get more than one copy of your marriage certificate- including one to send to mail in with the I-485 packet?

2 hours ago, Crazy Cat said:

Likely, a few weeks......but I would keep proof that the I-485 was sent.....

So do you think that having proof that the I-485 was sent (photocopies and registered mail receipt?) is sufficient then to travel?  Or is that still a risk?

1 minute ago, nastra30 said:

Your NOA1 receipt will act as 'proof' of authorized stay.

I think you get the receipt in the mail, right? and how long does it take?

19 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.  

Does the person have to wait for some kind of documentation of "authorized stay" or is it assumed once they have submitted their paperwork ?  Do they need to have some document to demonstrate that authorization?

17 minutes ago, Misscloud said:

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

 

 

Thanks, that's another good example.

8 minutes ago, Rocio0010 said:

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

That's a good idea, thanks.

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.

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.

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.

13 minutes ago, Crazy Cat said:

Small chance?  Maybe.....Maybe not...

That's a good example, thanks! 

13 minutes ago, Crazy Cat said:

 

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?

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.

Thanks everyone for your replies so far.  For some reasons, we could not do the wedding and submit the AOS application before my fiance's visa expires.  I read before that this is not so much of a concern except the 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 with a visa that is past due?  Would we be better to stick to other forms of transport?

18 hours ago, Jorgedig said:

It does vary greatly by local field office.  That's why it's helpful for people to fill out their timelines here.

I think I read somewhere that Advanced Parole is handled by one central processing entity.  So times will not vary much for that.  Is that true?

But I get your point that the length of time for AOS depends on the field office.  How do you find out what local field office handles your location (where you live)?

15 hours ago, Longingfor said:

I got married in the US and left and went home and did the CR1 because it made sense for us as a couple.  I didn't want to be in the US doing nothing while I waited for AOS.  I had a good job and was able to travel back and forth to the US until my CR1 was approved.  

 

I think your decision will come down to what you and your finance wants. Will you both be ok during the AOS process or will you both be ok waiting for CR1 interview.  

Yes it sounds like your situation is better than my fiancee's because you had a visa that allowed you to come and go as you wanted, while you waited. 

I noticed in your timeline it looks like your process took from Jan. 2017 to August, 2021?  That's a long time but it looks like you didn't take any action for a while.

1 hour ago, Crazy Cat said:

Advance Parole can take as long as 8 months from the filing date.   Theoretically, he/she could leave the US for up to a year.  However, that might not be practical....depending on interview date, RFE responses, etc.  

Thank you, that is very helpful.  You seem like you are helping a lot of people on Visa Journey. Do you agree that there is a risk of not being allowed back in, even having advanced parole and having applied for AOS?

From the time of submitting application for AOS, what is an approximate length of time to receive the green card approval?

1 hour ago, Misscloud said:

usually when the interview letter arrive, you have around 3 weeks before the interview date

and like i said, use AP cautiously, there's possibility that she will be denied coming back in ( at CBP discretion)

Thanks that's helpful to understand.  Does it often happen that CBP deny people that have applied for AOS to come back in?

10 minutes ago, Crazy Cat said:

Most people in your situation would marry and file for adjustment.  Just be aware of the travel and work restrictions...... Otherwise, the spousal visa is an option.

Hi, thank you for that input.  That helps.  So the question is how long it usually takes to get an advanced parole?  And are there really any restrictions on travel once you have it?  Are there any risks of travel once you have it?  other than missing your interview.

Just now, JeanneAdil said:

The u can marry here and AOS $1225 for EAD,   green card,  and AP 

or she can marry here and  leave and u marry in her county and u apply CR1 visa (18 to 24 months wait time)

 

sorry,  if this doesn't make sense crazy cat makes more sense than me and i am writing when tired

Yes, that is exactly my question:

Marry here and AOS, or

marry here, leave and apply for CR1 visa.

Which one is better?  That is what I'm asking your help to decide.

Just as a note to everyone, I say my fiancee but in my mind it is a simple process to get married- one can go from being a fiancee to a spouse in a matter of days.  So as I said my main thought is AOS vs. spousal visa process overseas through consular..