What is my residency status during AOS

[phub11 0]

As the Topic Title suggests, I am curious as to what my residency status is during a I-1485 based-AOS (after marrying on a k-1 visa). My guess is I'm a "temporary resident".... am I right?

Thanks

Edited October 16, 2008 by phub11

[john_and_marlene 162]

You are not a resident until the AOS approval. You are still a nonimmigrant pending AOS approval.

[Eric-Pris 1,607]

I think your immigration status would be k-1 visa holder. You don't have residency status until you adjust to permanent resident.

[Yoink 7]

million dollar question...

My wife today had her road test for her license. The instructor wouldnt even take her out because the DMV on her permit stated she was a temprary visitor which expired in October although the permit itself was valid for another year.

I was told to go to go to the DMV and have them issue her another permit without or an extended temp. visito expiration date. The problem is that I have no paperwork or proof she is here legal until her Greencard comes. Even if work authorization comes (EAD) first is that proof of status?

I can show the now expired K-1 and our marriage certificate but that doesnt prove anything.... What to do?

[*JG* 2]

I think your immigration status would be k-1 visa holder. You don't have residency status until you adjust to permanent resident.

Not really even a K-1 holder anymore. Once you marry, the K-1 is not in effect anymore. Non-resident awaiting AOS is more like it.

million dollar question...

My wife today had her road test for her license. The instructor wouldnt even take her out because the DMV on her permit stated she was a temprary visitor which expired in October although the permit itself was valid for another year.

I was told to go to go to the DMV and have them issue her another permit without or an extended temp. visito expiration date. The problem is that I have no paperwork or proof she is here legal until her Greencard comes. Even if work authorization comes (EAD) first is that proof of status?

I can show the now expired K-1 and our marriage certificate but that doesnt prove anything.... What to do?

You cannot do anything now until AOS goes through. Many have experienced the same thing, myself included.

[john_and_marlene 162]

Some states will accept the EAD as proof of legal status.

[john_and_marlene 162]

The visa status changed the day you exercised the visa at the POE. You were a valid K-1 visa holder until you used it. You were given a temporary nonimmigrant status on the I-94 that was good for 90 days. Certain benefits are available based on the class of entry (K-1 in this case). Neither your temporary nonimmigrant status or your class of entry changed when you got married. If you got married to the petitioner within the 90 days, you have satisfied a requirement that allows you to adjust your status based on your class of entry and the marriage, but until you file for the adjustment you are still a nonimmigrant with a 90 day authorized stay based on the K1 entry. Once you file for the adjustment of status, you have a legal status that allows you to remain in the US while the petition is adjudicated. The marriage did not change your status, but did qualify you to petition for adjustment of status.

While waiting for AOS adjudication, there are a couple of proofs of status. One proof is the NOA showing that the AOS was submitted. The problem with the NOA is that it doesn't have an expiration date indicating a specific period of legal status. Another proof is the EAD and the EAD does have an expiration date. Most states will accept the EAD as proof of legal status because it shows a finite period.

[swdvp 0]

try http://www.lawbench.com

[Steph0814 1]

Some states will allow the EAD! GA does.

[phub11 0]

Hi,

Thanks for all the replies!

My question relates to a job offer I have (in Massachusetts). They want to know my country of permanent residence; I assume in my case the United Kingdom.... right? I am worried that the job may fall thru since I only have an EAD at the moment. This AOS thing is confusing.

Thanks again!

[himher 634]

Your status is "Pending Adjustment of Status" which, unfortunately, is diplo-speak for limbo. Hang in there it doesn't take long....

EAD (3 months), then SS# (2-3 weeks), then drivers license (as soon as you can pass the test), and then the GC (6 months)

EAD/SS card are the combination taken by most states for legal status allowing you to drive, bank, etc. The only kicker is overseas travel which is why most people who are waiting for their AOS approval go ahead and apply for advance parole to leave/re-enter the country.