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AOS filing once visa has expired

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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

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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


YMMV

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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.

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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 by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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


YMMV

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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 by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

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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?

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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

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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 by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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 by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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

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