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Franz09

Whats gonna happen if my k1 visa expires, with a pending AOS

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hello,

I recently applied for the AOS package and now received the schedule for my biometrics. I check the web for the process time for when ill receive the Authorization for work and its gonna take around 3 months. My question is, am i in any risk of being deported if my passport says that im only admitted until May?

thank you.

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Your K1 expired on entry, as long as you file to adjust before the expiry of your I 94 your are OK.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Your NOA1 from AOS will serve as a kind of proof of status. You'll be in a bit of limbo, but not at any risk of trouble since you're still here legally.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Thanks, so it doesnt matter how long the process will take, since i already applied before the expiry ,im good?

Yes you are good, don't worry. To be on the safe side, have your NOA1 and a copy of your marriage certificate with you whenever you leave the house.

Edited by Babyface1

~ AOS from K1 visa ~

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Your current status is "applicant for adjustment of status" -- or, more briefly, "adjustment applicant."


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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We are also in this situation. Although we married within a week of entering the US and filed for AOS, EAD, and AP within the next 10 days after that, his I-94 expires this week.

I think that VJers know that he is legal, but would the average police officer? I don't think so, so is there any law or procedure we can also keep a copy of in our car? Is it written anywhere that he is legal by virtue of us applying and having an NOA1 (which might be pretty meaningless to most officers)

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We are also in this situation. Although we married within a week of entering the US and filed for AOS, EAD, and AP within the next 10 days after that, his I-94 expires this week.

I think that VJers know that he is legal, but would the average police officer? I don't think so, so is there any law or procedure we can also keep a copy of in our car? Is it written anywhere that he is legal by virtue of us applying and having an NOA1 (which might be pretty meaningless to most officers)

Police officers are officers of the state and do not have anything to do with immigration, which is a federal matter. You will not run into any federal officers in daily life, and even most types of federal agents do not have any understanding of immigration law either. The only realistic cases where someone could ask about immigration status out of the blue are if 1) you come across one of the CBP interior checkpoints within 100 miles of the Mexican border, or 2) if ICE conducts a raid on your house or company or something.

In the unlikely case you come across CBP or ICE, they should know that it's their general policy to not deport someone with pending AOS just for being out of status, and let you get on your way. And, ultimately, even in the highly unlikely case you do get put into removal proceedings for some reason, the immigration judge will not remove you while your AOS is pending just for being out of status.

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Police Officers are not involved in immigration.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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