VISA Status while AOS is Pending

[tucker2583 0]

My wife came to the States on a J-1 (Au Pair) VISA.

Her J-1 status was revoked by the Au Pair agency after notifying them of our marriage but after we filed for AOS to CR1. She is completing some paperwork for college and needs to specify what her current VISA status is. Can anyone please tell me what her current status is?

Filed AOS on 7/14

Confirmation of AOS acceptance on 7/17

___________________________________________________________

First time posting here so please forgive me if I am not

following the protocol for posting a topic. I'll get the

hang of it soon enough

[Caryh 5,206]

AOS Pending. She's not a LPR, she's not out of status either. Did you apply for an EAD and AP at the same time? It might be a very long wait.

[Penguin_ie 5,996]

**** Moving from CR-1 to AOS from Student, Work etc visa form as OP's wife is not going for a CR-1 visa, but Adjustment of Status to greencard holder ****

[Little_My 464]

You don't file for AOS to get a CR-1 - CR-1 is a spousal visa, meant for foreign spouses of US citizens who are abroad, and need a visa to enter the US. AOS means adjusting status from a non-immigrant visa status to permanent resident, i.e. greencard holder.

Did you file both the I-130 and I-485, or just the I-130..? And did you send the package to Chicago Lockbox?

[Dave&Roza 748]

My wife came to the States on a J-1 (Au Pair) VISA.

Her J-1 status was revoked by the Au Pair agency after notifying them of our marriage but after we filed for AOS to CR1. She is completing some paperwork for college and needs to specify what her current VISA status is. Can anyone please tell me what her current status is?

Filed AOS on 7/14

Confirmation of AOS acceptance on 7/17

___________________________________________________________

First time posting here so please forgive me if I am not

following the protocol for posting a topic. I'll get the

hang of it soon enough

Authorized legal stay. Or limbo until the AOS is approved. All she really has is the NOA1 for the AOS which most people do not know what it means. She is like a K-1 visa holder in that the visa is no longer valid, the I-94 has expired, but she has filed for AOS--in her case the J-1 is no longer valid, the I-94 has expired, and she has filed for AOS. I would either put down authorized legal stay or GC pending or both. Once the GC arrives she will be a LPR, but there is that slight chance the GC will not be approved. Until then it wil be hard to put anything down that will make the people at school happy unless you get someone who knows about this process.

Good luck,

Dave

[tucker2583 0]

*

Edited July 26, 2012 by tucker2583

[tucker2583 0]

You don't file for AOS to get a CR-1 - CR-1 is a spousal visa, meant for foreign spouses of US citizens who are abroad, and need a visa to enter the US. AOS means adjusting status from a non-immigrant visa status to permanent resident, i.e. greencard holder.

Did you file both the I-130 and I-485, or just the I-130..? And did you send the package to Chicago Lockbox?

Yes, filed the I-130, I-485, I-131, and I-765 all together to Chicago lockbox. Received four NOA forms (1 for each). Status of I-485 is being processed at National Benefits Center.

____________________________

Adjustment of Status from J-1 to Legal Permanent Resident

06/13/2012 - Married

07/14/2012 - AOS - mailed to Chicago Lockbox

07/16/2012 - AOS -package delivery confirmation from USPS

07/18/2012 - Checks cashed

07/19/2012 - E-mail notification received for petitions

07/21/2012 - NOA forms arrive in mail

[Little_My 464]

Okay, good. Just got confused with the CR-1 reference.

I would also call her status "AOS pending" at the moment.