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AlbertEPT

If I-485 is returned, is my fiance considered out of status?

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

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Brit Abroad   166

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Filed: Lift. Cond. (apr) Country: United Kingdom
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Her permission for her current I-94 expires on August 31st. I am submitting her I-485 application package tomorrow. If for some reason, they send something back, is she considered illegally in the country?

OK, she's legally out of status between expiry of the I-94 and when she receives her green card, and that is totally normal. USCIS handle this by issuing the NOA1 as soon as they receive your I-485. This confirms that your wife has legal status to remain until her application is processed and a decision made.

USCIS will return it only if the check value is incorrect, so make sure you understand the filing fees involved PLUS the cost of biometrics. Check uscis.gov for the latest pricing. There is no other reason for the application to be returned. Anything else will be dealt with by an RFE, after the NOA1 is issued.

ROC

AR11 filed: 02/05/11

I-751 filed at Vermont Service Center: 02/07/11

NOA: 02/14/11

Biometrics appt: 03/21/11

RoC Interview: Not required

RoC Approved: 08/04/2011

10 yr Green card received: 08/10/2011

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