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Phoenix_Guy Contributor

Phoenix_Guy   0

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted (edited)

My wife's I-94 expires in early November. After entering the USA, we married, and our AOS paperwork has been submitted and is currently in process. So technically, after that date in November passes, wouldn't my wife be considered an illegal? Or, what I think is the case, would the I-485 NOA document(s) that are mailed to us "extend" her stay and become the legal document of her being in the US?

Thanks.

Edited by Phoenix_Guy
jula Enthusiast

jula   0

Posted
Filed: Timeline
Posted
My wife's I-94 expires in early November. After entering the USA, we married, and our AOS paperwork has been submitted and is currently in process. So technically, after that date in November passes, wouldn't my wife be considered an illegal? Or, what I think is the case, would the I-485 NOA document(s) that are mailed to us "extend" her stay and become the legal document of her being in the US?

Her stay is authorised while AOS is pending.

How many days after she arrived you two got married?

YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

NO :no: as long as you have an I-485 pending your are in status.

You should apply for EAD with the AOS or after AOS when you get the NOA1 letter for AOS. EAD with AOS is free. You can then carry the EAD card to show immigrations status.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
My wife's I-94 expires in early November. After entering the USA, we married, and our AOS paperwork has been submitted and is currently in process. So technically, after that date in November passes, wouldn't my wife be considered an illegal? Or, what I think is the case, would the I-485 NOA document(s) that are mailed to us "extend" her stay and become the legal document of her being in the US?

Thanks.

Phoenix_Guy,

The NOA1 doesn't extend anything..

You guys have fulfilled the K1 (having gotten married within 90 days) - and are now (or will be) out of status - BUT, having filed AOS puts you (her) back in 'pending' status ..:thumbs:

For us - should we ever need proof of status - a copy of our marriage license and copy of NOA1 as well...should it ever come up..

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

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