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JFMMZZ

legal to remain in USA with pending AOS application?

By JFMMZZ in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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JFMMZZ Contributor

JFMMZZ   0

Posted
Filed: K-1 Visa Country: Russia
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Is it legal to remain in USA with pending AOS application or does AOS need to be approved to have "legal" status? Please explain in as much detail as possible. (Sorry I have not updated our timeline, I will ASAP....AOS applied for already )

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happywifeymom Proficient

happywifeymom   4

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Filed: Citizen (pnd) Country: Philippines
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Is it legal to remain in USA with pending AOS application or does AOS need to be approved to have "legal" status? Please explain in as much detail as possible. (Sorry I have not updated our timeline, I will ASAP....AOS applied for already )

Correct me if am wrong ppl,, you are legal as long as you have proof of pending AOS application.

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reeses16 Proficient

reeses16   8

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Filed: Citizen (apr) Country: Ethiopia
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Yes, you are allowed to stay while your AOS is pending. If you leave during its processing without advanced parole, then your AOS application will be terminated and you will have to apply for a spousal visa to enter the US. You will not become a "legal permanent resident" until your AOS is approved.

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Otto Grand Master

Otto   83

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Filed: Lift. Cond. (apr) Country: Germany
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Most people certainly do not want to leave while AOS is pending - at least not without AP (Advance Parole). If you do leave without PR/Green Card or AP in hand, you would not be (since you're a K1 entrant) allowed to re-enter. :thumbs:

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