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bogartnoir

Waiting for AOS; Visa almost expired

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Filed: K-1 Visa Country: Canada
Timeline

Filed for AOS last week. I-94 expires June 3rd. Do I need to have any type of papers that show I am waiting for my AOS to be approved? Do I just sit tight and wait for a response while my papers expire? Thanks!

AOS

05.17.10 - I-485/I-765 mailed

05.25.10 - NoA

06.25.10 - biometrics appt

07.02.10 - emailed that our case is moved to CSC!

07.14.10 - touched

07.21.10 - touched

08.03.10 - approved for EAD

08.05.10 - uscis mailed out EAD

08.09.10 - EAD received!

01.05.11 - a ###### RFE over 6 ###### months after the fact

02.01.11 - touched

02.14.11 - APPROVED (finally)!

02.25.11 - received green card in the mail

DONE WITH USCIS FOR 2 YEARS!

(thank christ)

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Filed: AOS (apr) Country: Philippines
Timeline

Filed for AOS last week. I-94 expires June 3rd. Do I need to have any type of papers that show I am waiting for my AOS to be approved? Do I just sit tight and wait for a response while my papers expire? Thanks!

all you can do is wait for the NOA

YMMV

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Filed: Citizen (apr) Country: Canada
Timeline

all you can do is wait for the NOA

To amplify:

As a K-1 entrant the primary condition you have to meet to AOS is to marry your USC petitioner named on your visa before your 90 day I-94 expires. You appear to have done this - married and filed AOS - before the 90 day time limit. You have therefore done everything right, and are fine to stay in the US until your AOS case is adjudicated.

What will happen is that USCIS will receive your AOS packet, and send you a receipt notice, called an NOA1. Actually you will receive three separate NOA1's, one for the I-485, one for the I-765, and one for the I-131. Each will arrive separately, in separate envelopes. The receipt for the AOS application - the I-485 NOA1 - becomes your primary proof of legal status. If it actually a good idea to keep that notice on you, as you would a green card. It proves to any inquisitive federal law enforcement or other civil authority that you have filed for AOS, and can therefore stay in the US legally until that AOS case, and any necessary appeals, G-d forbid, are resolved, one way or the other.

This response should arrive within 2 weeks of you mailing off the AOS packet. So yeah, you just sit tight, don't worry about your I-94 expiring, and wait for that response. Once you get that I-485 NOA1, it is your primary proof of status. Until then, try to avoid coming to the attention of federal law enforcement. If you're really paranoid about it, put one of the copies (you DID make at least another full copy of your entire AOS packet, right? :) ) of your I-485 in your car/wallet, so you have something on you to show to an inquisitive police officer/federale that plausibly indicates that you filed AOS.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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