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rick313

What is your legal status after filing I-485?

By rick313 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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rick313 Contributor

rick313   5

Posted
Filed: Citizen (pnd) Country: Thailand
 Timeline
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Hi. This is a general question that I haven't found a clear answer on yet: If you entered the country on a K-1, got married, and then submitted the I-485 AOS packet, what is your official status until you receive your green card? My fiance entered the country in October of 2011. We promptly got married, and have since received a SSN for her (in her married name). We submitted the AOS material (I-485 as well as Employment Authorization and Advanced Parole) earlier this month (December), and are prepared to wait several months for the green card. In the meantime, her K-1 visa is set to expire 3 months from when she entered (i.e. it will expire in a few weeks in late January of 2012).

Between now and the time we receive her green card, what is my wife's legal status? Is there anything we need to do besides wait to hear back on the green card application? Thanks in advance.

K-1 Visa

11-08-2010: I-129F sent to USCIS.
11-15-2010: NOA1 received.
4-27-2011: NOA2 sent out.
5-5-2011: NVC confirmation sent.
5-30-2011: Packet 3 received from US Embassy in Bangkok.
6-28-2011: Packet 3 sent to US Embassy.
7-28-2011: Packet 4 and interview appointment notification received.
8-30-2011: Interview appointment: Approved.
10-24-2011: My fiance arrived in the US!
12-9-2011: Married!
12-23-2011: I-485/I-765/I-131 submitted to Chicago lockbox.
12-29-2011: I-485/I-765/I-131 materials received.
1-23-2012: Notice of transfer of I-485 application to California.
2-3-2012: Bio-metrics.
3-2-2012: EAD/AP Approved/Received.
8-29-2012: I-485 Approved.
9-4-2012: Conditional Green Card Received.

*****

5-19-2014: I-751 sent to California Service Center.

5-21-2014: I-797 NOA receipt issued.

7-9-2014: I-797 NOA Biometrics appt issued.

7-23-2014: Biometrics appt.

9-11-2014: AOS Lifted.

9-19-2014: 10 Year Green Card Received.

*****

8-17-2015: N-400 sent to Arizona.

8-21-2015: NOA.

9-18-2015: Biometrics appointment

11-19-2015: Interview passed!

******

Citizenship!

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

She is "in a period of authorized stay". That is all.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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menina Proficient

menina   50

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

She is "in a period of authorized stay". That is all.

The K-1 is already expired since she used it to enter the country. She is authorized to stay because she married you within the 90 day time limit and you have filed AOS. If you are concerned about status, you could carry the NOA1 with you. We never had an issue and just waited for the green card which came about 2 and a half months after filing.

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rick313 Contributor

rick313   5

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

The K-1 is already expired since she used it to enter the country. She is authorized to stay because she married you within the 90 day time limit and you have filed AOS. If you are concerned about status, you could carry the NOA1 with you. We never had an issue and just waited for the green card which came about 2 and a half months after filing.

Thanks for the replies. Guess we'll just wait for the green card. Seems like there is not much else to do at this point.

K-1 Visa

11-08-2010: I-129F sent to USCIS.
11-15-2010: NOA1 received.
4-27-2011: NOA2 sent out.
5-5-2011: NVC confirmation sent.
5-30-2011: Packet 3 received from US Embassy in Bangkok.
6-28-2011: Packet 3 sent to US Embassy.
7-28-2011: Packet 4 and interview appointment notification received.
8-30-2011: Interview appointment: Approved.
10-24-2011: My fiance arrived in the US!
12-9-2011: Married!
12-23-2011: I-485/I-765/I-131 submitted to Chicago lockbox.
12-29-2011: I-485/I-765/I-131 materials received.
1-23-2012: Notice of transfer of I-485 application to California.
2-3-2012: Bio-metrics.
3-2-2012: EAD/AP Approved/Received.
8-29-2012: I-485 Approved.
9-4-2012: Conditional Green Card Received.

*****

5-19-2014: I-751 sent to California Service Center.

5-21-2014: I-797 NOA receipt issued.

7-9-2014: I-797 NOA Biometrics appt issued.

7-23-2014: Biometrics appt.

9-11-2014: AOS Lifted.

9-19-2014: 10 Year Green Card Received.

*****

8-17-2015: N-400 sent to Arizona.

8-21-2015: NOA.

9-18-2015: Biometrics appointment

11-19-2015: Interview passed!

******

Citizenship!

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

The K-1 is already expired since she used it to enter the country. She is authorized to stay because she married you within the 90 day time limit and you have filed AOS. If you are concerned about status, you could carry the NOA1 with you. We never had an issue and just waited for the green card which came about 2 and a half months after filing.

The marriage in 90 days doesn't protect her status at all, it just enables her to adjust status based on the K1 visa. She is authorized stay ONLY because they filed AOS.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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