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Filed: Other Timeline
Posted

My husband's K1 visa was granted in the middle of July and came here at the end of July. Now he has been here for over three months but the office hasn't completed his AOS yet. Because he has been here for over three months and doesn't have a completed AOS yet, is he currently in the US illegally?

Sept 2011 - We met in Seoul

Oct 2011 - We began dating

February 2013 - NOA 1

July 2013 - Arrived in the US

September 2013 - Married

October 26th 2013 - Received AOS NOA1

November 15th, 2013 - Biometrics Appointment

March 14th, 2014 - Received notification that we may now schedule an interview

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Filed: Citizen (apr) Country: Venezuela
Timeline
Posted

by his "office" you mean you or a lawyer you hired? cause if you or a lawyer don't fill out and send the AoS, it's not going to be send by itself, just FYI. He is not illegal but definitely out of status. He is in a some sort of limbo until you guys adjust his status. The k1 allows a foreign fiance of a US citizen to legally entry for marriage purposes, with a legal window of 90 days. Once he uses his one and only entry and fullfill the requirement, he needs to adjust as soon as u can. While you dont do it he cannot drive, get a ssn (in case he didnt request one while he was on his k1), work or travel outside the US (I mean, he can but not reenter). So basically it's pretty much like being an illegal.

OUR AMAZING JOURNEY 

 

2011

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2012

YIRsm4.png   Mi1Gm4.pngTh37m4.png    

 

2013                                                  2014                                                     2015

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2016

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Filed: Citizen (apr) Country: Venezuela
Timeline
Posted

and the more you wait, the more issues he can encount. He is basically overstaying but normally is forgiven in cases like this and people get their greencards without issues. But if you reach the 180 days mark without sending his AOS and then he gets his travel permit (while he waits for his gc), even with that, his reentry to the States is not guarantee (in case he decide to travel outside the US). The travel permit allows you to "travel" outside the US and reentry while your gc petitions is pending. If you adjust before 180 days you can use it without issues, but if you do it later, you can get ban to reenter the states even with a gc pending. So in conclusion try to work with that as soon as u can

OUR AMAZING JOURNEY 

 

2011

UiSpm4.pngHWwxm4.png

 

2012

YIRsm4.png   Mi1Gm4.pngTh37m4.png    

 

2013                                                  2014                                                     2015

fNidm5.png NXDpm4.png    VaECm4.png 

 

2016

VRj7m4.png4IFnm4.png

 

                                                                                                                                                                                                                                   

                  

 

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

If the AOS package has been submitted but hasn't been approved yet (it's unclear what the status is, and the OP's timeline isn't up to date), he is an "applicant for adjustment" (or, more simply, "adjustment applicant").

Edited by TBoneTX

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(!).

Filed: Country: Vietnam (no flag)
Timeline
Posted

My husband's K1 visa was granted in the middle of July and came here at the end of July. Now he has been here for over three months but the office hasn't completed his AOS yet. Because he has been here for over three months and doesn't have a completed AOS yet, is he currently in the US illegally?

After you got married, did you file the I-485 to adjust his status?

Filed: Other Timeline
Posted

Sorry.. I'm not great at using VisaJourney :-/ However, I'm really grateful that at times like these it has been a wonderful resource.

We have started the AOS process. We got a notice from the National Center recently to tell us he's being processed. However, the process isn't complete so I just wasn't sure of his current legal status in the US.

Sorry again but thanks for the help


After you got married, did you file the I-485 to adjust his status?

Yes :) it was filed and we got our first notice back

Sept 2011 - We met in Seoul

Oct 2011 - We began dating

February 2013 - NOA 1

July 2013 - Arrived in the US

September 2013 - Married

October 26th 2013 - Received AOS NOA1

November 15th, 2013 - Biometrics Appointment

March 14th, 2014 - Received notification that we may now schedule an interview

heart.gifheart.gifheart.gifheart.gifheart.gif

Filed: Other Timeline
Posted

by his "office" you mean you or a lawyer you hired? cause if you or a lawyer don't fill out and send the AoS, it's not going to be send by itself, just FYI. He is not illegal but definitely out of status. He is in a some sort of limbo until you guys adjust his status. The k1 allows a foreign fiance of a US citizen to legally entry for marriage purposes, with a legal window of 90 days. Once he uses his one and only entry and fullfill the requirement, he needs to adjust as soon as u can. While you dont do it he cannot drive, get a ssn (in case he didnt request one while he was on his k1), work or travel outside the US (I mean, he can but not reenter). So basically it's pretty much like being an illegal.

Thanks for the info :) His AOS papers have been filed and we did notice that his state issued drivers license is expired.

The following might be a dumb question, but just because you seem to know a lot more than I do about this process I might as well ask, right? So, before coming to the US he got an "international drivers license." People with this license can legally driving in our state. Therefore, he should still be able to drive using that right? He's gotten used to driving to his English classes and back during the week so it would be a bummer if he couldn't do that. Thanks again for the help!

Once the I-485 was accepted, your husband has protected status. This means he is in the US legally until his adjustment is granted or denied.

Wonderful to hear! Thank you so much!

Sept 2011 - We met in Seoul

Oct 2011 - We began dating

February 2013 - NOA 1

July 2013 - Arrived in the US

September 2013 - Married

October 26th 2013 - Received AOS NOA1

November 15th, 2013 - Biometrics Appointment

March 14th, 2014 - Received notification that we may now schedule an interview

heart.gifheart.gifheart.gifheart.gifheart.gif

Filed: Timeline
Posted

Thanks for the info smile.png His AOS papers have been filed and we did notice that his state issued drivers license is expired.

The following might be a dumb question, but just because you seem to know a lot more than I do about this process I might as well ask, right? So, before coming to the US he got an "international drivers license." People with this license can legally driving in our state. Therefore, he should still be able to drive using that right? He's gotten used to driving to his English classes and back during the week so it would be a bummer if he couldn't do that. Thanks again for the help!

Wonderful to hear! Thank you so much!

Short answer: His international driver license is not legal to drive on if he has established residency in a state and has an expired driver license from that state (the situation you described above).

My wife is in the same situation here in Nevada. Her driver license expires on the 90th day after entry to the US on the K-1 visa. Although she's filed the paperwork to adjust status, it is not likely that her status will be adjusted before her driver license expires in December. Even though she has a valid Korean driver license, and international driver license, it will not be legal for her to drive until her green card arrives at which time she can extend the expiration date of her Nevada driver license.

Filed: AOS (apr) Country: Nigeria
Timeline
Posted

Thanks for the info smile.png His AOS papers have been filed and we did notice that his state issued drivers license is expired.

The following might be a dumb question, but just because you seem to know a lot more than I do about this process I might as well ask, right? So, before coming to the US he got an "international drivers license." People with this license can legally driving in our state. Therefore, he should still be able to drive using that right? He's gotten used to driving to his English classes and back during the week so it would be a bummer if he couldn't do that. Thanks again for the help!

Wonderful to hear! Thank you so much!

Did you guys apply for his work permit? That takes about 3-4 months ( usually) to come in, so he should be getting his shortly. once he gets it he can go an apply for a driver's license.

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

You are here in the mean time until completion of AOS due to the graces of the Attorney General's Office. Arizona like Nevada the DL is tied to your expiration dates of your green card, or your initial I797entry date until the extension letter arrives giving you the one year to get your AOS completed.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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