AOS filing once visa has expired

[Phillipians 6]

Dear all

 

My AOS packet is complete and ready to go. We are waiting on the marriage certificate because Los angeles county takes 6-8 weeks to record marriages 😑.

 

By the time i get round to sending my AOS pack, my k1 visa will have been expired. I understand that there is no actual time limit to filing the Aos, but i would really rather not acrue illegal time in between visa expiry and filing. Is there anything i can do? Could i send something in lieu of the certificate and bring the certificate to the interview with a cover letter?

 

In addition, has anyone had this experience with Los Angeles, and been able to get their certificate back sooner?

Our wedding was confidential.

 

Many thanks, Joseph

[payxibka 10,044]

4 minutes ago, Phillipians said:

Dear all

 

My AOS packet is complete and ready to go. We are waiting on the marriage certificate because Los angeles county takes 6-8 weeks to record marriages 😑.

 

By the time i get round to sending my AOS pack, my k1 visa will have been expired. I understand that there is no actual time limit to filing the Aos, but i would really rather not acrue illegal time in between visa expiry and filing. Is there anything i can do? Could i send something in lieu of the certificate and bring the certificate to the interview with a cover letter?

 

In addition, has anyone had this experience with Los Angeles, and been able to get their certificate back sooner?

Our wedding was confidential.

 

Many thanks, Joseph

Do you mean your 90 day status will expire? Your visa expiration date has no impact. 

 

If you send something in lieu you will just get an rfe

[Phillipians 6]

3 minutes ago, payxibka said:

Do you mean your 90 day status will expire? Your visa expiration date has no impact. 

 

If you send something in lieu you will just get an rfe

Once my visa has expired i will acrue illegal status. I will not get my marriage certicate in time to file my aos. I want to avoid this. That is what i am enquiring about, that is the purpose of my post.

[Crazy Cat 39,187]

18 minutes ago, Phillipians said:

Once my visa has expired i will acrue illegal status. I will not get my marriage certicate in time to file my aos. I want to avoid this. That is what i am enquiring about, that is the purpose of my post.

No, your K-1 visa expiration date was irrelevant when you entered the US.  From the date of entry into the US, your I-94 allowed you legal status for 90 days.  From day 91 until you file for adjustment of status, you are in an illegal stay period.....and deportable.......However, once you file your I-485, you will have no legal status, but will be allowed "authorized stay" until the I-485 is adjudicated. 

 

No, you can not submit a "placeholder"........that would be grounds for immediate denial.

 

EDIT:  If the I-485 is approved, any illegal stay period will be disregarded.

Edited December 22, 2018 by missileman

[payxibka 10,044]

4 minutes ago, Phillipians said:

Once my visa has expired i will acrue illegal status. I will not get my marriage certicate in time to file my aos. I want to avoid this. That is what i am enquiring about, that is the purpose of my post.

You are using wrong terminology as your Visa expiration date has nothing to do with what you are inquiring about.   Your visa expiration date as shown on the visa itself was the date to which you needed to enter the USA.   Upon entry you were granted k1 status for 90 days

[Hypnos 6,576]

Your K-1 visa already expired. It's a single-use visa and you used it, so it expired the moment you cleared immigration controls at the PoE. 

 

Instead, as others have stated, your legal presence is now governed by your I-94. For an immediate relative of a US citizen, such as a spouse, any overstay does not matter. It only matters that you entered legally, which you did. So even if you have a week or two, or longer, before you can submit your I-485, that won't change anything or penalise you in any way. 

Edited December 22, 2018 by Hypnos

[Phillipians 6]

1 hour ago, payxibka said:

You are using wrong terminology as your Visa expiration date has nothing to do with what you are inquiring about.   Your visa expiration date as shown on the visa itself was the date to which you needed to enter the USA.   Upon entry you were granted k1 status for 90 days

I am not really worried about terminology i think it is clear to what i am referring, instead i am seeking practical help to this issue, which surely is the purpose of this forum

1 hour ago, Hypnos said:

Your K-1 visa already expired. It's a single-use visa and you used it, so it expired the moment you cleared immigration controls at the PoE. 

 

Instead, as others have stated, your legal presence is now governed by your I-94. For an immediate relative of a US citizen, such as a spouse, any overstay does not matter. It only matters that you entered legally, which you did. So even if you have a week or two, or longer, before you can submit your I-485, that won't change anything or penalise you in any way. 

Thank you, based on that, what status will i have in between expiry and filing?

[Phillipians 6]

1 hour ago, missileman said:

No, your K-1 visa expiration date was irrelevant when you entered the US.  From the date of entry into the US, your I-94 allowed you legal status for 90 days.  From day 91 until you file for adjustment of status, you are in an illegal stay period.....and deportable.......However, once you file your I-485, you will have no legal status, but will be allowed "authorized stay" until the I-485 is adjudicated. 

 

No, you can not submit a "placeholder"........that would be grounds for immediate denial.

 

EDIT:  If the I-485 is approved, any illegal stay period will be disregarded.

Right, thanks, and drawing back to the main point, is there anything you know of that i can *DO* to avoid this deportable period

[geowrian 22,335]

1 hour ago, Phillipians said:

I am not really worried about terminology i think it is clear to what i am referring, instead i am seeking practical help to this issue, which surely is the purpose of this forum

Correct terminology is critical when dealing with immigration matters...there are lots of nuances and misunderstandings without a common language being used.

 

Quote

based on that, what status will i have in between expiry and filing?

None.

 

1 hour ago, Phillipians said:

Right, thanks, and drawing back to the main point, is there anything you know of that i can *DO* to avoid this deportable period

Not without filing for AOS or leaving the US.

The likelihood of actually being even brought into removal proceedings while still married is near 0.

Edited December 23, 2018 by geowrian

[Phillipians 6]

Just now, geowrian said:

Correct terminology is critical when dealing with immigration matters...there are lots of nuances and misunderstandings without a common language being used.

 

None.

Im not sure that *none* is correct legal terminology🤔🤔🤔

[Crazy Cat 39,187]

31 minutes ago, Phillipians said:

Right, thanks, and drawing back to the main point, is there anything you know of that i can *DO* to avoid this deportable period

No.  You MUST file the I-485 prior to expiration of the I-94 to avoid any illegal stay.......it isn't likely to be a problem.

[Crazy Cat 39,187]

32 minutes ago, Phillipians said:

Im not sure that *none* is correct legal terminology🤔🤔🤔

You would have no legal status after filing the I-485.....You would be granted "authorized stay" pending the adjudication of the I-485 which is not a legal status.

Edited December 22, 2018 by missileman

[Going through 5,668]

1 hour ago, Phillipians said:

I am not really worried about terminology i think it is clear to what i am referring, instead i am seeking practical help to this issue, which surely is the purpose of this forum

Unfortunately it was not clear, hence the confusion earlier in the thread as to what you were specifically asking.

 

1 hour ago, Phillipians said:

Thank you, based on that, what status will i have in between expiry and filing?

You will be out of legal status.  Once the AOS is filed, you will be in "authorized stay" which means you may reside (and work, once authorized for employment) in the USA until your AOS is approved/denied.  Note that "authorized stay" is not a legal status either, but means you are lawfully present in the US while your application is pending.

 

1 hour ago, Phillipians said:

Right, thanks, and drawing back to the main point, is there anything you know of that i can *DO* to avoid this deportable period

File the AOS paperwork.

Edited December 22, 2018 by Going through

[geowrian 22,335]

1 hour ago, Phillipians said:

Im not sure that *none* is correct legal terminology🤔🤔🤔

Nobody mentioned legal terminology.

None = No status = Out of status. All of these are correct terminology for the status during the period between the expiration of the I-94 and filing for AOS.

As noted, filing for AOS grants an authorized stay while the case is pending (but not an actual legal status). Any unlawful presence accrued beforehand is tolled until the I-485 is adjudicated.

[Phillipians 6]

1 hour ago, Going through said:

Unfortunately it was not clear, hence the confusion earlier in the thread as to what you were specifically asking.

 

You will be out of legal status.  Once the AOS is filed, you will be in "authorized stay" which means you may reside (and work, once authorized for employment) in the USA until your AOS is approved/denied.  Note that "authorized stay" is not a legal status either, but means you are lawfully present in the US while your application is pending.

 

File the AOS paperwork.

Seems you did not read my original post.. I can not file the paperwork, because my marriage certificate takes 6-8 weeks..hence the whole purpose behind this post