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vosovski

Going from "out of status" to "status pending" and what can be done while we wait?

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

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vosovski Explorer

vosovski   33

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Filed: Citizen (apr) Country: Ukraine
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My wife has been out of status since December but we are finally in the AOS, EAD, AP process right now. There were reasons why we couldn't file for AOS earlier.

Anyway, I read that after we file AOS my wife's status will change to status pending. Does anyone have information at which point this is true? At the moment of filing/mailing AOS, moment we receive text messages with receipt, or the day we get NOA in mail for AOS.

 

We got a joint account but her old name, which we would like to change to new, is on there. Banker told us that she needs at least state driver license with new name. Also at the social security office we couldn't have her name on SSN changed to a new one, which in turn delayed my tax by month or so. Can't seem to find if social security office will be okay with her status pending to get new name on social security, anyone looked into this?

Now when we went to DMV for driver license, they had to do verification against SAVE database and nothing good came out. They hinted that she is out of status and we gotta wait for at least pending status so they can issue driver license. Thank DMV for temporary driver license they can issue. They couldn't say for sure if pending status will be enough for SAVE verification to comeback positive but asked to wait couple weeks and come back again. Anyone know anything on this matter?

 

The point for anyone else reading, don't become out of status. File for AOS, etc as soon as possible and better deal with RFE and not with out of status. I guess.

3/24/2017 : AOS, EAD, AP mailed to Chicago, IL PO box

3/25/2017 : AOS, EAD, AP delivered to Chicago, IL PO box

3/27/2017 : AOS, EAD, AP picked up from Chicago, IL PO box

4/5/2017 : Received 3 NOA text messages

4/10/2017 : Received 3 NOA letters in mail. Notice date April 4 2017; Received date 3/27/2017

4/14/2017 : Received letter in mail for biometrics appointment. Scheduled on April 24th

4/24/2017 : Biometrics completed in 30 minutes, no problemo.

5/11/2017 : Status for AOS updated, RFIE

5/15/2017 : Received RFIE letter. I-864 does not meet requirements

5/16/2017 : RFIE Response sent with co-sponsor's I-864 as well as copy of DS-3025

5/17/2017 : RFIE Response delivered and signed for

5/19/2017 : Status for AOS updated, RFIE response received

6/12/2017 : Filed online service request for I-765 (EAD)

6/14/2017 : Received response to I-765 (EAD) online service request. Case within processing time

7/10/2017 : Filed second online service request for I-765 (EAD)

7/18:2017 : Received response to second I-765 (EAD) online service request. Case is under review and decision or notice will be sent soon.

8/2/2017 : 75 days since USCIS received RFIE response. 

8/22/2017 : Interview for AOS is scheduled on September 27th, Portland OR office

9/1/2017 : EAD case status changed to new EAD card is being produced

9/6/2017 : AP case status changed to "Case was approved"

9/6/2017 : EAD case status changed to "Card was mailed to me"

9/9/2017 : EAD/AP combo card received in mail

9/27/2017 : AOS Interview: Approved

9/28/2017 : AOS case status changed to "New card is being produced"

10/2/2017 : AOS NOA Approval letter received in mail. Approval date 9/28/2017

10/4/2017 : Green Card mailed via USPS Priority Mail (info from USPS Informed Delivery)

10/6/2017 : Green Card received in mail

 

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vosovski Explorer

vosovski   33

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Filed: Citizen (apr) Country: Ukraine
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3 minutes ago, Transborderwife said:

Yes this is quite a commonly dealt with question and/or predicament on VJ.  Once you have EAD/AP you can get a licence

Having temporary driving license or even her old name on bank account and social security card is least of our concerns for us right now, however being able to deal with those would be lovely.

Main concern right now is being out of status. I just don't quite understand when her "out of status" becomes "status pending" after we "file" for AOS,EAD,AP. Haven't come across definite definition of what "file" means in this context.

3/24/2017 : AOS, EAD, AP mailed to Chicago, IL PO box

3/25/2017 : AOS, EAD, AP delivered to Chicago, IL PO box

3/27/2017 : AOS, EAD, AP picked up from Chicago, IL PO box

4/5/2017 : Received 3 NOA text messages

4/10/2017 : Received 3 NOA letters in mail. Notice date April 4 2017; Received date 3/27/2017

4/14/2017 : Received letter in mail for biometrics appointment. Scheduled on April 24th

4/24/2017 : Biometrics completed in 30 minutes, no problemo.

5/11/2017 : Status for AOS updated, RFIE

5/15/2017 : Received RFIE letter. I-864 does not meet requirements

5/16/2017 : RFIE Response sent with co-sponsor's I-864 as well as copy of DS-3025

5/17/2017 : RFIE Response delivered and signed for

5/19/2017 : Status for AOS updated, RFIE response received

6/12/2017 : Filed online service request for I-765 (EAD)

6/14/2017 : Received response to I-765 (EAD) online service request. Case within processing time

7/10/2017 : Filed second online service request for I-765 (EAD)

7/18:2017 : Received response to second I-765 (EAD) online service request. Case is under review and decision or notice will be sent soon.

8/2/2017 : 75 days since USCIS received RFIE response. 

8/22/2017 : Interview for AOS is scheduled on September 27th, Portland OR office

9/1/2017 : EAD case status changed to new EAD card is being produced

9/6/2017 : AP case status changed to "Case was approved"

9/6/2017 : EAD case status changed to "Card was mailed to me"

9/9/2017 : EAD/AP combo card received in mail

9/27/2017 : AOS Interview: Approved

9/28/2017 : AOS case status changed to "New card is being produced"

10/2/2017 : AOS NOA Approval letter received in mail. Approval date 9/28/2017

10/4/2017 : Green Card mailed via USPS Priority Mail (info from USPS Informed Delivery)

10/6/2017 : Green Card received in mail

 

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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2 minutes ago, vosovski said:

Having temporary driving license or even her old name on bank account and social security card is least of our concerns for us right now, however being able to deal with those would be lovely.

Main concern right now is being out of status. I just don't quite understand when her "out of status" becomes "status pending" after we "file" for AOS,EAD,AP. Haven't come across definite definition of what "file" means in this context.

Once AOS is received you begin a period of authorized stay.  Don't overthink it.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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13 minutes ago, vosovski said:

Having temporary driving license or even her old name on bank account and social security card is least of our concerns for us right now, however being able to deal with those would be lovely.

Main concern right now is being out of status. I just don't quite understand when her "out of status" becomes "status pending" after we "file" for AOS,EAD,AP. Haven't come across definite definition of what "file" means in this context.

Filing for AOS does not actually grant a legal status. It grants authorized stay, so she can't be deported just for being in the country. However, since she technically has no legal status, places like SSA and DMV and many banks won't deal with her. Once you get EAD, you can should be able to use that to satisfy the DMV and banks and such.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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vosovski Explorer

vosovski   33

Posted
Filed: Citizen (apr) Country: Ukraine
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Posted (edited)
24 minutes ago, geowrian said:

Filing for AOS does not actually grant a legal status. It grants authorized stay, so she can't be deported just for being in the country. However, since she technically has no legal status, places like SSA and DMV and many banks won't deal with her. Once you get EAD, you can should be able to use that to satisfy the DMV and banks and such.

 

33 minutes ago, Transborderwife said:

Once AOS is received you begin a period of authorized stay.  Don't overthink it.

Thank you. That pretty much clears it up. As soon as her papers are received she is authorized to stay and/or her status is pending.

Edited by vosovski

3/24/2017 : AOS, EAD, AP mailed to Chicago, IL PO box

3/25/2017 : AOS, EAD, AP delivered to Chicago, IL PO box

3/27/2017 : AOS, EAD, AP picked up from Chicago, IL PO box

4/5/2017 : Received 3 NOA text messages

4/10/2017 : Received 3 NOA letters in mail. Notice date April 4 2017; Received date 3/27/2017

4/14/2017 : Received letter in mail for biometrics appointment. Scheduled on April 24th

4/24/2017 : Biometrics completed in 30 minutes, no problemo.

5/11/2017 : Status for AOS updated, RFIE

5/15/2017 : Received RFIE letter. I-864 does not meet requirements

5/16/2017 : RFIE Response sent with co-sponsor's I-864 as well as copy of DS-3025

5/17/2017 : RFIE Response delivered and signed for

5/19/2017 : Status for AOS updated, RFIE response received

6/12/2017 : Filed online service request for I-765 (EAD)

6/14/2017 : Received response to I-765 (EAD) online service request. Case within processing time

7/10/2017 : Filed second online service request for I-765 (EAD)

7/18:2017 : Received response to second I-765 (EAD) online service request. Case is under review and decision or notice will be sent soon.

8/2/2017 : 75 days since USCIS received RFIE response. 

8/22/2017 : Interview for AOS is scheduled on September 27th, Portland OR office

9/1/2017 : EAD case status changed to new EAD card is being produced

9/6/2017 : AP case status changed to "Case was approved"

9/6/2017 : EAD case status changed to "Card was mailed to me"

9/9/2017 : EAD/AP combo card received in mail

9/27/2017 : AOS Interview: Approved

9/28/2017 : AOS case status changed to "New card is being produced"

10/2/2017 : AOS NOA Approval letter received in mail. Approval date 9/28/2017

10/4/2017 : Green Card mailed via USPS Priority Mail (info from USPS Informed Delivery)

10/6/2017 : Green Card received in mail

 

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