AOS from K-1 time limit?

[Scandi 4,166]

3 hours ago, PJD said:

Thanks, it does states on the USCIS website though, even with advance parole they can deny you based on overstay of 180. I'd advise anyone to apply for AOS prior to those 180 days of illegal stay to reduce any issues like that. 

When you file for AOS that overstay will be forgiven, so travelling with your AP won't be an issue at all. 180 days or not, doesn't matter.

[zilchfox 296]

Best case? Do it before your I-94 expires so you do not accrue any out-of-status time at all. Worst case? Do it whenever you want, but you won't really be treated like a real person (i.e. you can't get a drivers license, a petty "crime" such as jaywalking could make you deportable if caught, etc.) since you won't have any legal status or protection at all — you'll basically be confined to your house and you'll most likely be very, very miserable.

 

Do whatever you can to file ASAP, OP.

 

Overstaying isn't forgiven, it's ignored when filing for AOS.

Edited April 29, 2017 by zilchfox

[doggieandsam 765]

So you guys are saying that once your i-94 expires then you become out of status. Would submitting your aos automatically mean you get legal status again? Or are you still kind of in between until you get your green card?

[geowrian 22,337]

4 minutes ago, iamdegie said:

So you guys are saying that once your i-94 expires then you become out of status. Would submitting your aos automatically mean you get legal status again? Or are you still kind of in between until you get your green card?

Yes. Filing for AOS grants authorized stay, not legal status. That means they can't deport you just for being in the country.

Edit: Clarification - this applies for somebody filing for AOS while meeting certain conditions (i.e. spouse of a USC for somebody who entered the country with inspection and such).

Edited April 29, 2017 by geowrian

[doggieandsam 765]

6 minutes ago, geowrian said:

Yes. Filing for AOS grants authorized stay, not legal status. That means they can't deport you just for being in the country.

When do you get legal status? Receipt of green card? noa1 for aos? Maybe ead or ap?

[geowrian 22,337]

Just now, iamdegie said:

When do you get legal status? Receipt of green card? noa1 for aos? Maybe ead or ap?

Upon approval of your AOS application you become an LPR. The green card acts as proof of your LPR status.

 

NOA1 is proof of your authorized stay only. EAD lets you legally work, and sometimes is necessary for an SSN, driver's license, etc.

[zilchfox 296]

It's recommended you keep a photocopy of your NOA1 for your AOS handy at all times, too, especially in this day and age. Once you receive your EAD, you can carry that instead as it will also have your A number on it, so if for some reason or another you encounter ICE, they can look up your status with that A number and let you go.

 

The moment you get your green card, by law you must carry it with you at all times.

[inloveVEN 46]

21 hours ago, PJD said:

Thanks for the quick response both of you. That all makes sense, and I am very eager to get it handled quickly.

 

I have read that if 180 days has passed you can't file form I-131 for advance parole, is that correct? 

when you fill the AOS, at the same time you can file for AP and EAD, with no additional cost. I will allow you to work and travel while your AOS is pending and the most important you won t be out of status as soon as they receive your application