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

[Franz09 0]

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.

[Boiler 43,430]

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

[ChicagoSarah 127]

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.

[Franz09 0]

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

[Babyface1 81]

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 April 27, 2015 by Babyface1

[Cathi 5,610]

Your k1 expired the moment you set foot in the US, as Boiler said as long as you file to adjust before the expiration of your I 94 you will be fine,

[TBoneTX 43,057]

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

[Franz09 0]

Thank you all for the replies

[KayDeeCee 4,891]

You entered a new period of authorized stay once you filed for AOS.

[jess100 53]

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)

[newacct 688]

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.

[Boiler 43,430]

Police Officers are not involved in immigration.