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gtewks

Status between marriage and AOS? doesn't seem to be any.

By gtewks in K-1 Fiance(e) Visa Process & Procedures

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gtewks Explorer

gtewks   1

Posted
Filed: K-1 Visa Timeline
Posted

K1 question:

 

So we get married within 90 days of arrival. (and her visa expires after 90 as well)

Then we submit AOS paperwork.

 

However, AOS can take a very long time.

What is her status between the expiration of the visa and approval of AOS?

From what i can tell we don't get any temporary paperwork of any kind while we wait.

and from what I can tell there is not even a deadline to apply for AOS,

So does'nt that kind of leave her in legal limbo?

 

 

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Ben&Zian Experienced

Ben&Zian   4,398

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

It's kind of a 'limbo' state where you have no real legal status; but you're not illegal or overstay because the AOS is in process.

 

If you were to go somewhere like another state I would definately carry with you marriage license, first notice from the AOS packet to show it's processing, and such paperwork so you did not run into any issue though.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Mmagic Collaborator

Mmagic   127

Posted
Filed: AOS (apr) Country:
Timeline
Posted

You got married and you applied for AOS...You don't need to worry about her legal status or the visa. She is legally in the states while her AOS is being processed, no need to worry about that. Also, if she applied for a Work permit and Advance Parole, this takes around 90 days to be issued. If she works or finds work without work permit she is breaking the law and might affect her AOS if caught. Also, she can't leave the country without AP and travel document while under AOS.

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KierenHby Experienced

KierenHby   899

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

Only time she'd be on unauthorized stay is after the expiration of 90-day stay and AOS not filed. Good all other times. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Suss&Camm Experienced

Suss&Camm   2,213

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

The i-94 expires not the visa. The visa is only for the entry.

And she's in a period of authorized stay as others have mentioned.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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  • 2 weeks later...
pantonia Enthusiast

pantonia   39

Posted
Filed: Lift. Cond. (pnd) Country: Chile
 Timeline
Posted (edited)

Agreed with everyone above. What I used the entire time until I got my EAD for proof legal status was a copy of my NOA1 showing that the petition for AOS has been received and is being processed. 

Edited by pantonia
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