Will I be considered to be in the US illegally if I don't have an AOS NOA number before my k1 visa expires?

[jp1000 25]

K1 expires Feb 26th,

 

I filed AOS at the end of December and they sent it back rejected after 3 weeks.

 

I noticed a mistake in the i-485 so printed a new one and filled it out (hopefully) correctly.

 

I then sent it back off with the package they sent back to me, again, and they've received it.

 

I hope they will give me a NOA number this time but if there's something else wrong and they reject it again and send it back after three weeks, I'll have to try again and maybe seek legal help.

 

In this situation it seems unlikely that there would be any chance of getting an NOA number back from the AOS before the K1 expires, so I'm wondering what my status would be in that case?

 

Could I be in any trouble?

[Verrou 1,962]

as long as you got married within 90 days when u are entered USA u are okay

K1 expired date is unrelated

Edited January 30, 2023 by Misscloud

[Chancy 6,241]

14 minutes ago, jp1000 said:

K1 expires Feb 26th,

 

What matters is the expiry date on your I-94, not on your K1 visa.  After your I-94 expires, you will be out of status.  But with an I-485 receipt, you have proof of authorized stay, so no issue even out of status.

 

[jp1000 25]

8 minutes ago, Chancy said:

 

What matters is the expiry date on your I-94, not on your K1 visa.  After your I-94 expires, you will be out of status.  But with an I-485 receipt, you have proof of authorized stay, so no issue even out of status.

 

But if they just send the AOS back again and reject it a second time, by the time I've sent it off a third time (after correcting any further mistakes I find, possibly after having a lawyer look it over) I won't have a receipt before the i-94 expires (02/26/2023) - so could I get into trouble in this scenario?

[Chancy 6,241]

6 minutes ago, jp1000 said:

I won't have a receipt before the i-94 expires (02/26/2023) - so could I get into trouble in this scenario?

 

Possible, but unlikely.  Keep a low profile to minimize encounters with law enforcement, while waiting for your I-485 NOA1.

 

[Mike E 11,739]

40 minutes ago, jp1000 said:

 - so could I get into trouble in this scenario?

 

32 minutes ago, Chancy said:

 

Possible, but unlikely.  Keep a low profile to minimize encounters with law enforcement, while waiting for your I-485 NOA1.

 

An example of someone who failed to keep a low profile:

 

I’ve never heard of these cases ending well.  The OP for that case hasn’t visited VJ in over 3 years. 
 

When you know you will be up against the I-94 deadline, a competent lawyer is recommended. 

[jp1000 25]

17 minutes ago, Mike E said:

 

An example of someone who failed to keep a low profile:

 

I’ve never heard of these cases ending well.  The OP for that case hasn’t visited VJ in over 3 years. 
 

When you know you will be up against the I-94 deadline, a competent lawyer is recommended. 

Yeah that's my worry. USCIS rejecting because of an error I've made in the form is essentially the same as if I didn't file?

 

I have to just wait 2-3 weeks now to see what happens and if they send it back again I'll have to seek legal advice I think.

[JeanneAdil 6,492]

Have u kept a copy of the petitions u filed?  

always keep copies of all u submit to prove you followed the guides and immigration rules

 

I remember the Space Age posts

the member was told their is no time limit but the immigrant is out of status during the time of I 94 expiration and receipt of the AOS petition

So they let it go past the 90 days of the I 94 causing their own issues 

he had good advice ,  he chose to ignore it

 

BTW  the K1 visa expired the day u entered 

[jp1000 25]

16 minutes ago, JeanneAdil said:

BTW  the K1 visa expired the day u entered 

Yes my mistake I was confusing it with the i-94

[JeanneAdil 6,492]

i should have said welcome to the US

and wished you a successful process with all the remaining proceedures

 

[iwannaplay54 985]

5 hours ago, jp1000 said:

K1 expires Feb 26th,

 

I filed AOS at the end of December and they sent it back rejected after 3 weeks.

 

I noticed a mistake in the i-485 so printed a new one and filled it out (hopefully) correctly.

 

I then sent it back off with the package they sent back to me, again, and they've received it.

 

I hope they will give me a NOA number this time but if there's something else wrong and they reject it again and send it back after three weeks, I'll have to try again and maybe seek legal help.

 

In this situation it seems unlikely that there would be any chance of getting an NOA number back from the AOS before the K1 expires, so I'm wondering what my status would be in that case?

 

Could I be in any trouble?

No

[MCOBAQ 26]

Non-immigration lawyer here who is patiently (sometimes not patiently) waiting for my husband’s AOS to be approved. I’m all for folks handling their own matters if they can, but sometimes it’s just better to seek out a professional consult. Even if it’s just to get some advice on your issue and not to take you through the whole process, it could be well worth it. I know you can setup an online consult through VJ, and there are plenty of immigration lawyers with YouTube channels that also offer online consults. 
That having been said, I think the SpaceAge example was pretty extreme. Try to get everything corrected for the next submission, keep a low profile like someone else posted, and you’ll have your NOA1 soon. You might also keep a copy of your rejected AOS forms handy in the car just in case you get pulled over - can’t hurt. 
Good luck!

[jp1000 25]

I got the notice of action i-797C!

 

Hooray! 🙂

 

 

I'm sure this is a stupid question but on the biometrics letter under what to bring it says:

 

Quote

You must bring a valid government-issued photo identification document.

I take it a UK passport should be fine for this, and I don't need to quickly apply for a US ID card?

[powerpuff 6,697]

Your passport is fine. If you changed your name, bring change of name document (marriage certificate).

[jp1000 25]

Just now, powerpuff said:

Your passport is fine. If you changed your name, bring change of name document (marriage certificate).

Lovely jubbly