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laz2011

What status between AOS & Green Card?

By laz2011 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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laz2011 Rookie

laz2011   0

Posted
Filed: Timeline
Posted

I've arrived in US with K-1 visa, married my love and now I've sent in the AOS package. My question is: What sort of status do I have between now and when I get the green card? My K-1 visa runs out in a week, so what sort of legal standing do I have to remain in the country? If I was to encounter ICE or police or something they'd see my visa has run it's course, what and how would I be able to show to explain that i'm in the progress of AOS and still fully legally present in this country?

Thank you in advance!

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Inky Grand Master

Inky   1,110

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

You have to show the NOA1 from the AOS filing.

Your status is considered pending when you have filed AOS.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Anh map Grand Master

Anh map   2,098

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

Your visa expired upon entry. Your I-94 expires 90 days after entry.

Your status post I-94 expiry is adjustment of status applied for / pending. The NOA1 acknowledging the AOS application would "confirm" this status.

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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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

When an alien has an adjustment of status application pending then the law refers to them as being in a "period of authorized stay". In other words, your immigration status does not change, but you are not accumulating unlawful presence, and you are protected from removal. The receipt notice for the I-485 serves as proof of your authorized stay.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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TBoneTX Grand Master

TBoneTX   44,864

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

In answer to my question about this same thing, a very sharp immigration attorney told me that people at this stage are referred to as "applicants for adjustment" or (more simply) as "adjustment applicants."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Lainie B Proficient

Lainie B   465

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted

Thank you everyone, I appreciate your respose.

Addition quick question. Will I be able to extend my driver's license with the AOS since it runs out the day my 3 month visa is suppose to run out as well? Will DMV accept NOA to prong it?

Thank you again!

That depends on what state your in and what their rules are.

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Inky Grand Master

Inky   1,110

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

Thank you everyone, I appreciate your respose.

Addition quick question. Will I be able to extend my driver's license with the AOS since it runs out the day my 3 month visa is suppose to run out as well? Will DMV accept NOA to prong it?

Thank you again!

You have to ask the DMV. All of them are different.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Rachel and Ryan Contributor

Rachel and Ryan   3

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Thank you everyone, I appreciate your respose.

Addition quick question. Will I be able to extend my driver's license with the AOS since it runs out the day my 3 month visa is suppose to run out as well? Will DMV accept NOA to prong it?

Thank you again!

I can only speak for California but no they won't. I have just been on the phone to them, they wouldn't even grant me a license on my I94. You have to wait until your green card comes through, NOA is not proof of legal status.

So pissed off about this right now! Sometimes I think the US is even more bureaucratic that the UK!!

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jueribizu Contributor

jueribizu   0

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

Everything has changed since 9/11. I can't blame US for all the changes and stricter rules because of what those people

did.

Before, in California even if your on a b1/b2 visa, you can still get drivers license

but now you have to have a social security # or your green card

Adjusting from B1/B2

01-30-2012 - Mailed I-130 Petition thru USPS Express Mail

02-05-2012 - Received Email Confirmation with Receipt Number

02-09-2012 - Received I-797C NOA in the mail

05-23-2012 - Received Email that I-130 was Approved

05-29-2012 - Received I-797 Approval Notice

06-13-2012 - Mailed I-485 & I-765 Packet thru USPS Express Mail

06-15-2012 - Packets received by USCIS Chicago Lockbox

06-19-2012 - Received Email that application/petition transferred to National Benefits Center

06-23-2012 - Received I-797C NOA (for I-485 & I-765) in the mail with receipt #'s, USCIS# and payment information

07-12-2012 - Received I-797C NOA for Biometrics Schedule Appointment in the mail

08-06-2012 - Biometrics Appointment taken at local USCIS Office

08-17-2012 - Received Email & Text Status Updated: Card Production for I-765 EAD

08-22-2012 - Received Email & Text Alert: EAD on Production & AOS Interview Schedule

08-22-2012 - Received I-797C NOA for Initial Interview Schedule in the mail

08-25-2012 - Received EAD thru USPS Priority Mail

09-24-2012 - Interview date and we got Approved on the spot

09-24-2012 - Received Text Status Update: Card / Document Production for Green Card

09-25-2012 - Received Text Status Update: Decision: mailed a notice that we had registered this customer's new permanent resident status

09-28-2012 - Received Text Status Update: Card / Document Production: We mailed the new card directly to the address we have on file

10-01-2012 - Green Card Received in the mail with I-797 Welcome Notice

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easyukraine Enthusiast

easyukraine   1

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

FYI in Ohio your notice from immigration is all you need to renew your license. The work authorization card that also serves as advance parole showed up quickly allowing my son to obtain his ss card. I think they used the form number I 797.

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