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Chrisny

Just got my NOA and my Visa will expire in 2 week. Am I ok to stay?

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First I have to say that I'm new and apologize for any ridiculous question...

I'm in the States with an O-1 Visa that will expire Jan 24th.

I got married in Italy with a US Citizen (we both live in NY for the past 3 years), and send out all the paperwork on Dec. 22nd. (I-130, I-765, I-131, I-485)

Jan 3rd I received my NOA.

Now I'm waiting for the Biometrics appointment, But my big concern is the Visa that is about to expire in 19 days.

My wife told me that once I received the NOA I'm good to stay in the US even after my Visa expire.

I don't want to make any mistake, so any help is very appreciated.

Thank you all.


07/09/2010: Married!

12.22.2010: AOS package sent

12.23.2010: AOS package delivered

12.29.2010: checks cashed

01.03.2011: NOA I-485,I-765,I-130,I-131

01.08.2011: Received biometrics appointment letter (will be on Jan 28th)

01.18.2011: Received RFE for I-485

01.24.2011: Sent response to RFE for I-485

01.28.2011: Biometrics

03.18.2011: EAD RECEIVED!

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Yes, you can stay. In fact, you MUST stay and wait out the decision on your AOS application. Your current status is now "AOS pending" and if you left the country you would abandon your I-485 application (which you can do, but it's a waste of time and money). You can travel once you get your Advance Parole (which is a temporary travel permission you need until you get your GC) but not before then. Good luck!


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You are AOS pending.

Also, Visa expiration date is not what matters, it is the expiration date on the I-94 card.

But you are fine, do not attempt to travel until you either have AP doc from the I-131 filing, or green-card in hand.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Confirmed. Once you file for AOS, your status changes to "AOS applicant", and your visa or I-94's expiration date is no longer relevant. You are now allowed to stay until your AOS case is decided, one way or the other.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Thank you for your answers!!

Very Helpfull


07/09/2010: Married!

12.22.2010: AOS package sent

12.23.2010: AOS package delivered

12.29.2010: checks cashed

01.03.2011: NOA I-485,I-765,I-130,I-131

01.08.2011: Received biometrics appointment letter (will be on Jan 28th)

01.18.2011: Received RFE for I-485

01.24.2011: Sent response to RFE for I-485

01.28.2011: Biometrics

03.18.2011: EAD RECEIVED!

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If my NOA expired in Aug, and my green card is going to expire in Jan 05, I need to get and extension, still my attorney did not receive dates for interview, my case is a VAWA case, and the attorney told me is normal, is that true? In my job HR asked me about my status. I need help, anyone in the same case?

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