Between K1 and AOS

[Yuriy 0]

Since K1 stamp in the passport is going to expire before we get our AOS approved, what should we use to establish that she is in the country legally in the meantime?

[HappyRs 8]

Since K1 stamp in the passport is going to expire before we get our AOS approved, what should we use to establish that she is in the country legally in the meantime?

I suppose the NOA1, acknowledging that you have applied for AOS is good enough...

[J&N* 68]

never mind.

Edited August 20, 2010 by Junita

[Yuriy 0]

I have heard that. But it looks kind of papery. Thanks, Aleksa & Nico. Junita, do you agree with them?

[Bobby+Umit 161]

Since K1 stamp in the passport is going to expire before we get our AOS approved, what should we use to establish that she is in the country legally in the meantime?

The K-1 is not used to determine current status - your I-94 is. The K-1 was used just to enter the US, and part of the conditions of that visa is that you get married in 90 days (which just happens to be the date on your I-94)

If you filed for the AOS - you should have the NOA - with that, your are in the process of adjusting your status - so your status is legal, no matter if your I-94 is expired. (This is why I recommend to get the AOS going prior to the I-94 expiring)

To sum up - if you have the NOA from the AOS - your safe.

I would recommend you carry a copy of it, along with the passport/marriage certificate, if your in an area that does a lot of "spot checks" for illegals, to avoid any issues.

Edited August 20, 2010 by Bobby+Umit

[Yuriy 0]

I-94, right. I wasn't sure and wasn't being precise.

We did file for AOS and we have the NOAs. We got married the day after her arrival and filed for AOS as soon as we had the forms ready, about a month later.

[JimVaPhuong 4,863]

The above answers are correct. You are granted a period of authorized stay while your I-485 is being adjudicated. The I-797C receipt notice is proof that you have a pending I-485. There is no specific expiration date on the receipt notice so if you have an encounter with an immigration officer they may still run your case number through the system to verify that your I-485 has not already been denied.