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newbie2k6

AOS and Visa Expiration

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Can I ask you a question about visa status?

I'm in a situation with my wife where we waited almost 4 months before we filed AOS after entering and marrying here. The problem is her visa expires in September and we'll probably get an interview after that date.

So what will happen since her visa expires before she receives her green card? Does she have to do anything special to have it 'extended' or is it OK since we've already filed for AOS and immigration knows this and won't do anything.

Thanks..

Newbie

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Can I ask you a question about visa status?

I'm in a situation with my wife where we waited almost 4 months before we filed AOS after entering and marrying here. The problem is her visa expires in September and we'll probably get an interview after that date.

So what will happen since her visa expires before she receives her green card? Does she have to do anything special to have it 'extended' or is it OK since we've already filed for AOS and immigration knows this and won't do anything.

I assume your wife entered as a K-1. She just needs to sit tight unless she wants to work or leave the country and return while the AOS is being processed. Then she needs to file for and EAD card and/or Advance Parole.

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Sorry. She entered on a K1 visa at JFK. She's not working yet and doesn't need to go back home to visit yet. Will she be OK with immigration?

Thanks

She is still here legally as you fulfilled the requirements of the K1 visa and filed for AOS. Her immigration status is still in limbo though until her AOS is approved. Once that happens she will become a conditional legal permanent resident.

Edited by vamsi

K1 Visa Saga

7/27/2005 Went to India to see Sowmya

7/31/2005 Proposed and she said "yes"!

08/05/2005 Held official engagement ceremony

08/07/2005 Returned to US

08/26/2005 Sent in I-129F petition

08/31/2005 Received online NOA1

09/02/2005 Received NOA1 through snail mail

11/22/2005 Received online NOA2!!! (Day 88)

11/26/2005 Received NOA2 through snail mail.

11/28/2005 NVC receives case

12/1/2005 Case sent to Chennai consulate via DHL

1/12/2006 Interview date - Visa approved!!!

1/16/2006 Received visa by courier

1/20/2006 Arrival in US - Chicago O'hare POE (Reunited at last!!!)

1/21/2006 Returned home to Birmingham together.

2/10/2006 Married!!!

AOS

2/15/2006 Sent in AOS/EAD application

2/27/2006 Received NOA1 for EAD

3/2/2006 Received NOA1 for AOS

3/20/2006 Received Biometrics appointment letter for AOS/EAD (4/11/2006)

3/30/2006 EAD application touched

4/11/2006 Biometrics appointment (AOS/EAD)

4/13/2006 AOS/EAD applications touched

5/3/2006 AOS application transferred to CSC

5/5/2006 EAD touched

5/8/2006 AOS application received by CSC

5/9/2006 EAD approved!!!

5/10/2006 AOS touched

5/13/2006 EAD card received

6/6/2006 AOS approved without interview!!!

6/9/2006 Received Welcome Letter

6/29/2006 Green Card received!!!

2/30/2008 - File to lift conditions on Green Card

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Thanks for the response. That's actually my question though, her immigration status. You said it's in question and that's exactly where I'm worried since technically her visa will probably be expired before she gets the green card. So is she still "legal" here even if it's expired?

What if somehow she has an immigration or police official inquire to her status and it'll appear that her visa expired?

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The fact that you are awaiting approval on your AOS application, you do not need to be concerned about the Visa expiring. Your wife is now in "pending Green Card" status.


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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The fact that you are awaiting approval on your AOS application, you do not need to be concerned about the Visa expiring. Your wife is now in "pending Green Card" status.

Exactly. If there is any question about your wife being here legally, you can just show the NOA1 to prove you have applied for AOS and are awaiting a decision.


K1 Visa Saga

7/27/2005 Went to India to see Sowmya

7/31/2005 Proposed and she said "yes"!

08/05/2005 Held official engagement ceremony

08/07/2005 Returned to US

08/26/2005 Sent in I-129F petition

08/31/2005 Received online NOA1

09/02/2005 Received NOA1 through snail mail

11/22/2005 Received online NOA2!!! (Day 88)

11/26/2005 Received NOA2 through snail mail.

11/28/2005 NVC receives case

12/1/2005 Case sent to Chennai consulate via DHL

1/12/2006 Interview date - Visa approved!!!

1/16/2006 Received visa by courier

1/20/2006 Arrival in US - Chicago O'hare POE (Reunited at last!!!)

1/21/2006 Returned home to Birmingham together.

2/10/2006 Married!!!

AOS

2/15/2006 Sent in AOS/EAD application

2/27/2006 Received NOA1 for EAD

3/2/2006 Received NOA1 for AOS

3/20/2006 Received Biometrics appointment letter for AOS/EAD (4/11/2006)

3/30/2006 EAD application touched

4/11/2006 Biometrics appointment (AOS/EAD)

4/13/2006 AOS/EAD applications touched

5/3/2006 AOS application transferred to CSC

5/5/2006 EAD touched

5/8/2006 AOS application received by CSC

5/9/2006 EAD approved!!!

5/10/2006 AOS touched

5/13/2006 EAD card received

6/6/2006 AOS approved without interview!!!

6/9/2006 Received Welcome Letter

6/29/2006 Green Card received!!!

2/30/2008 - File to lift conditions on Green Card

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Newbie,

The visa is a non-issue. A K1 visa is a one-entry visa. Once used it's no longer significant for anything (except, perhaps, in one rare circumstance that does not apply to you).

The question you should have asked was, her I-94 expired on [mm/dd/yy], what happens between that date and when she gets her Green Card? That's the question that many of the other posters have answered for you.

Yodrak

Can I ask you a question about visa status?

I'm in a situation with my wife where we waited almost 4 months before we filed AOS after entering and marrying here. The problem is her visa expires in September and we'll probably get an interview after that date.

So what will happen since her visa expires before she receives her green card? Does she have to do anything special to have it 'extended' or is it OK since we've already filed for AOS and immigration knows this and won't do anything.

Thanks..

Newbie

Edited by Yodrak

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