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Posted

So we got married and filed the AOS packet before the 90 days was up. But I was wondering how we prove he's allowed to be here when the K1 visa technically had an expiration date after the 90 days. Is the paperwork stating that we filed our AOS forms sufficient? A social security card? Before the 90 days was up we'd gone to the dmv for him to take his permit test (he didn't drive in his country), and the woman was saying basically it would only be good until the date on our K1 visa, and after that he can't use it, for the permit and just an ID, but then said she was unsure. We didn't end up getting it that day since we needed a form from the eye doctor, but I'm unsure what to do. She'd told us to come back with all our forms and maybe it would be all fine, but we haven't yet since I'm worried about it being a big issue that the k1 visa 90 days is past. I believe we've done everything correctly, but I don't know how to prove it. Has anyone else ran into this problem? 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moving Here and Your New life, from AOS From K1/K3 P&P - as similar threads are discussed here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)
1 hour ago, NoMatterWhat said:

Is the paperwork stating that we filed our AOS forms sufficient?

As ongoing proof of lawful presence, yes.  Keep a copy of the NOA1 (I-797) for the AOS package handy.  If asked status, the accurate reply is "applicant for adjustment" or "adjustment applicant."

 

I had Mrs. T-B. carry around the most recent documentation for whatever stage she was in.

For the 90 days, it was her visa in her Ecu passport.

Then, the NOA1 for AOS.

Then, the Advance Parole document.

Then, the first green card.

Then, the NOA1 for ROC.

Then, the next green card.

She was relieved to get her U.S. passport, after all that. :) 

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted
14 hours ago, NoMatterWhat said:

Is the paperwork stating that we filed our AOS forms sufficient?

 

The receipt notice from filing the I-485 is proof that your spouse is allowed to stay in the US.  Make sure he carries a copy of that notice whenever he leaves home.

 

But, the I-485 receipt notice may not be an acceptable document for driver's license application.  It depends on the DMV rules for your state.  Which state are you in?

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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