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Visa Expires while AOS is pending

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

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dpds Contributor

dpds   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted

Dear Friends

My wife's K1 visa will expires on April 17th 2010. As of April 1st our AOS is pending and we already has received NOA1. Since her K1 visa expires in 7 days will this cause any issue later on? You input is appreciated.

Thanks

K-1 Visa
Service Center:California Service Center
Consulate:Mumbai, India
I-129F sent:04/08/2009
I-129F NOA1:04/23/2009
I-129F NOA2:08/06/2009
Packet 3 received:08/28/2009
Packet 3 sent:09/02/2009
Interview Date:10/08/09
Visa Received on 10/08/2009
US Entry:01/17/2010
Marriage:02/05/2010
Comment:AOS
I-485 sent:03/20/2010
I-485 NOA1:04/03/2010
I-131 Approved:06/04/2010
I-765 Approved:06/04/2010
I-485 Interview:07/12/2010
I-485 Approved:07/12/2010
Comment: Petition to Remove the Conditions of Residence
I-751 sent:04/16/2012
I-751 payment was cleared on 04/25/2012
I-751 NOA1: receipt date 04/18/2012, received date 04/28/2012
ASC appointment(BIO) schedule on 05/16/2012
I-751 Approved:10/19/2012
I-551 received on 10/25/2012

Comment: Application of Naturalization

N-400 sent:07/15/2013
N-400 payment was cleared on 07/19/2013
N-400 NOA1: receipt date 07/18/2013, received date 07/20/2013

Biometrics on 08/08/2013

N-400 Interview:10/08/2013

N-400 Approved:10/08/2013

Oath Ceremony:10/29/2013

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Actually the K1 expired upon use. Her I-94 expires on April 17. This time "out of status" is normal for those who enter on a K1. The AOS application process will take some time. You've got the NOA1 to show that the I-485 has been filed. Her status is "protected" during this time. If she needs to travel outside the US then be sure to get the Advance Parole document (ideally before leaving the US).

You should not have anything to worry about.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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dpds Contributor

dpds   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
  • Author
Posted (edited)

Actually the K1 expired upon use. Her I-94 expires on April 17. This time "out of status" is normal for those who enter on a K1. The AOS application process will take some time. You've got the NOA1 to show that the I-485 has been filed. Her status is "protected" during this time. If she needs to travel outside the US then be sure to get the Advance Parole document (ideally before leaving the US).

You should not have anything to worry about.

Thaks for quick reply:)-

Edited by dpds

K-1 Visa
Service Center:California Service Center
Consulate:Mumbai, India
I-129F sent:04/08/2009
I-129F NOA1:04/23/2009
I-129F NOA2:08/06/2009
Packet 3 received:08/28/2009
Packet 3 sent:09/02/2009
Interview Date:10/08/09
Visa Received on 10/08/2009
US Entry:01/17/2010
Marriage:02/05/2010
Comment:AOS
I-485 sent:03/20/2010
I-485 NOA1:04/03/2010
I-131 Approved:06/04/2010
I-765 Approved:06/04/2010
I-485 Interview:07/12/2010
I-485 Approved:07/12/2010
Comment: Petition to Remove the Conditions of Residence
I-751 sent:04/16/2012
I-751 payment was cleared on 04/25/2012
I-751 NOA1: receipt date 04/18/2012, received date 04/28/2012
ASC appointment(BIO) schedule on 05/16/2012
I-751 Approved:10/19/2012
I-551 received on 10/25/2012

Comment: Application of Naturalization

N-400 sent:07/15/2013
N-400 payment was cleared on 07/19/2013
N-400 NOA1: receipt date 07/18/2013, received date 07/20/2013

Biometrics on 08/08/2013

N-400 Interview:10/08/2013

N-400 Approved:10/08/2013

Oath Ceremony:10/29/2013

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decker Explorer

decker   1

Posted
Filed: AOS (apr) Country: Vietnam
 Timeline
Posted

Linh was "out of status" for over three months during our troubles with the AOS application. Everything seems to be OK now. Biometric appt notice came in the mail today. You should not have anything to worry about.

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justashooter Experienced

justashooter   430

Posted
Filed: Country: China
 Timeline
Posted

the NOA1 indicates an application to adjust, so she is not out of status. she is in the application process.

she must not leave without AP document or green card in hand. doing so is abandonment of residency.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

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dpds Contributor

dpds   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
  • Author
Posted

Linh was "out of status" for over three months during our troubles with the AOS application. Everything seems to be OK now. Biometric appt notice came in the mail today. You should not have anything to worry about.

Thanks and good luck.

K-1 Visa
Service Center:California Service Center
Consulate:Mumbai, India
I-129F sent:04/08/2009
I-129F NOA1:04/23/2009
I-129F NOA2:08/06/2009
Packet 3 received:08/28/2009
Packet 3 sent:09/02/2009
Interview Date:10/08/09
Visa Received on 10/08/2009
US Entry:01/17/2010
Marriage:02/05/2010
Comment:AOS
I-485 sent:03/20/2010
I-485 NOA1:04/03/2010
I-131 Approved:06/04/2010
I-765 Approved:06/04/2010
I-485 Interview:07/12/2010
I-485 Approved:07/12/2010
Comment: Petition to Remove the Conditions of Residence
I-751 sent:04/16/2012
I-751 payment was cleared on 04/25/2012
I-751 NOA1: receipt date 04/18/2012, received date 04/28/2012
ASC appointment(BIO) schedule on 05/16/2012
I-751 Approved:10/19/2012
I-551 received on 10/25/2012

Comment: Application of Naturalization

N-400 sent:07/15/2013
N-400 payment was cleared on 07/19/2013
N-400 NOA1: receipt date 07/18/2013, received date 07/20/2013

Biometrics on 08/08/2013

N-400 Interview:10/08/2013

N-400 Approved:10/08/2013

Oath Ceremony:10/29/2013

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