Visa k1 expired

[earzate 0]

Hey guys, I have two questions, my k1 visa expires today and I have not received the green card, nor the work permit, so my questions are:

1.- what is my status, as of today?

2.- and what should I do?

On march 20 I had my biometrics appointment.

Thank you guys

[grrrrreat 109]

Hey guys, I have two questions, my k1 visa expires today and I have not received the green card, nor the work permit, so my questions are:

1.- what is my status, as of today?

2.- and what should I do?

On march 20 I had my biometrics appointment.

Thank you guys

I am assuming that you have applied for adjustment of status. If so, your status is lawful based on your application for adjustment of status. Carry a copy of your NOA1 with your ID. The EAD may not come for a little longer.

Edited April 21, 2012 by grrrrreat

[earzate 0]

I am assuming that you have applied for adjustment of status. If so, your status is lawful based on your application for adjustment of status. Carry a copy of your NOA1 with your ID. The EAD may not come for a little longer.

thanks

[KayDeeCee 4,902]

Hey guys, I have two questions, my k1 visa expires today and I have not received the green card, nor the work permit, so my questions are:

1.- what is my status, as of today?

2.- and what should I do?

On march 20 I had my biometrics appointment.

Thank you guys

Your K-1 visa was null and void the moment you used it to enter the US. The expiration date on the visa is just the amount of time you have to use it to enter, typically 6 months. You received an I-94 when you entered the US. It was good for 90 days, and that is what your status in the US is based upon, not the K-1 visa expiration date. Once the I-94 expires, you begin to accrue overstay. Filing for AOS puts in a period of authorized stay and the overstay clock count will stop at that point. You are just sort of in limbo at the moment while you wait for your EAD and green card. As the poster above stated, you can use your NOA from filing your AOS to show you have lawful presence in the US while you are waiting.

Edited April 22, 2012 by Jay-Kay

[Nicoco 26]

What if my husband's I-94 expired on March 17th, but we filed AOS on April 21st?

[KayDeeCee 4,902]

What if my husband's I-94 expired on March 17th, but we filed AOS on April 21st?

You are fine. There is no deadline to file for AOS, and you did so only a month after the I-94 expired. You filed, and that puts you in a period of authorized stay while waiting to be approved for your permanent residency.

[grrrrreat 109]

What if my husband's I-94 expired on March 17th, but we filed AOS on April 21st?

He had a small period of unlawful presence in the U.S. before the AOS was filed, but it's forgiven for spouses of USCs who are adjusting status. It also wasn't enough to raise the issue of a 3 year/10 year ban, which starts after 180 days of unlawful presence.

Under the Attorney-General's regulations, the AOS application puts his status on hold until the AOS application is decided and he is no longer unlawfully present.

Edited April 22, 2012 by grrrrreat