Will I be out of Status? (Split from "B2 Visa How Long to Wait for Marriage"

[MaKo1017 0]

My visa will expire august, i just filed my aos May. Will i already be out of status then come august? i only received noa1 and it says that it is only a document that they already received my application.

[Harpa Timsah 13,258]

My visa will expire august, i just filed my aos May. Will i already be out of status then come august? i only received noa1 and it says that it is only a document that they already received my application.

Now that your I-485 is pending, you are in a new period of authorized stay, until a decision is made on it.

[MaKo1017 0]

even if i only have, for now, i-797c?

ok, thank you.

[Harpa Timsah 13,258]

I-797 is called a Notice of Action, hence the term here, NOA1. That means first Notice of Action. You will get another I-797 Notice of Action when it is approved. VJ calls that NOA2.

[MaKo1017 0]

not until i receive my noa2 will i be able to stay legally?

[Harpa Timsah 13,258]

Your NOA1 for the I-485 puts you in a temporary period of authorized stay, until a decision is made on the I-485.

[Kathryn41 3,205]

The above posts were split from a separate thread unrelated to this question. It is never a good idea to ask your question in someone else's thread as it can become very confusing, and you may not get answered. Please always start a separate thread when you wish to ask a question about your own situation.

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Moderator Hat off:

As Harpa explained, once you filed for your green card and it was accepted by USCIS, even after your visa expires you are still considered legally present in the US. In this case, it is a special status called "temporary period of authorized stay". That 'stay' ends when your application for a green card is approved or denied.

The I-797 form (Notice of Action 1) is your receipt from Immigration saying they have accepted your I-485 petition so that means you will be legally present in the US even after your visa expires. Since you also applied for Work Authorization (EAD) and Advance Parole Travel permission (AP) you will also receive a card that proves you have permission to work and to travel while you are waiting for your decision. You should receive that approximately 2 months after you sent in your I-485 package. That card will also prove you are legally present in the US so if anyone questions you about your status, you can show them the EAD/AP card. If you don't get this card before your visa expires, you can carry a copy of the I-797 form with you to show you have legal permission to be in the US.

You should be receiving another letter soon from USCIS. This one will tell you about when and where to go to have your biometrics - your fingerprints - taken. This is a very straight-forward appointment. USCIS will use the biometrics to verify your background and your security and a copy of your fingerprint will also be on your green card when the I-485 petition is approved. You will get another I-797 form (NOA 2) telling you USCIS' decision about your I-485 petition in a few months, although that time can vary. Until you receive that decision you are legally in the US.

Edited June 5, 2014 by Kathryn41