What status after visa expiration ?

[Paskaval 2]

Hi,

I came into the US with a K-1 visa in july, I've got married a few days later and applied for AOS immediately. So I'm still waiting for my green card, EAD and travel document. My question : my K-1 visa expires in december, there is very little chance of getting my documents before, so what will my status be then, with no valid visa, no valid document but only my marriage certificate and a proof of my application ? Will I be kind of illegal ?

Thanks

 

[Jeanne Adil 1,651]

K1 visa was good for 1 time entry/already expired

you are not illegal 

 

[EmiAndIgli 15]

No you wouldn’t be illegal unfortunately the process is just taking longer.  I was here illegally for 15 years and after our family petition got approved within a month we got our employement authorization. Things are taking longer now but you’re definitely not illegal you’re just stuck waiting try to be patient ☺️as long as you filled all of your paperwork you’re safe!

[Boiler 43,433]

Under the colour of law

 

Adjusting status

 

 

Take your pick

[Amit&Julie 180]

1 hour ago, Paskaval said:

Hi,

I came into the US with a K-1 visa in july, I've got married a few days later and applied for AOS immediately. So I'm still waiting for my green card, EAD and travel document. My question : my K-1 visa expires in december, there is very little chance of getting my documents before, so what will my status be then, with no valid visa, no valid document but only my marriage certificate and a proof of my application ? Will I be kind of illegal ?

Thanks

 

Do you have your NOA from your AOS application (the letter from the government saying they received your application to adjust status)? From what I understand, that is basically your key document that proves it is legal for you to be in this country.

[TM92 527]

2 hours ago, Paskaval said:

Hi,

I came into the US with a K-1 visa in july, I've got married a few days later and applied for AOS immediately. So I'm still waiting for my green card, EAD and travel document. My question : my K-1 visa expires in december, there is very little chance of getting my documents before, so what will my status be then, with no valid visa, no valid document but only my marriage certificate and a proof of my application ? Will I be kind of illegal ?

Thanks

You don't have legal immigration status but "authorized stay" allowed by the US Attorney General. Your proof is your AOS NOA1.

[NikLR 13,220]

~~moved to AOS process and proceedures from K1 process and procedures.  Topic is about legal status after arrival on K1~~