Could it help him to send an incomplete AOS?

[JohnJohnJohn]

This is for a friend of mine.

He has been out of status for almost 6 months and married a USC 2 months ago.

He is now filing the AOS package but some documents such as birth certicate of USC wife and IRS transcripts are missing.

It will take 10-15 days to get them.

He wants to know if sending all the FORMS and FEES right now will stop the unlawfull presence?
He will send the missing evidence when he gets them.

Or will the unlawfull presence only stop when the BCIS receives the completed package?

[JohnJohnJohn]

This is for a friend of mine.

He has been out of status for almost 6 months and married a USC 2 months ago.

He is now filing the AOS package but some documents such as birth certicate of USC wife and IRS transcripts are missing.

It will take 10-15 days to get them.

He wants to know if sending all the FORMS and FEES right now will stop the unlawfull presence?
He will send the missing evidence when he gets them.

Or will the unlawfull presence only stop when the BCIS receives the completed package?

[Me2]

I am not very sure about not having Birth Cert. But for tax returns, I just submitted the W2's and they processed the application.

Does she has the photocopy of the birth cert? She can use that. If not try to submit copy of US passport. Anyway hope someone else can highlight this matter.

If not enough evidence submitted, they might get RFE...and USCIS will not process the application until they submitted the RFE.

[JohnJohnJohn]

Yes I know that they wont process it until complete, but maybe the unlwafull presence stops when they receive the fees and forms.

[Me2]

Until it processed, he still considered unlawful or out of status. By USCIS receiving the forms, doesn't means he is lawful. When the checks cashed and he got the receipt, then he will be okay. This won't happen until they received the RFE. Thats what my understanding is, I don't know if other ppl have different view.

[Tak]

Normally BCIS cash the check upon receipt of even incomplete case. Once they cash it, you sould be ok. Tyr to send personal check instead of money order so that you have copy of check with you and date they cashed it.