Current USCIS Status

[shikarnov 7]

Hi All,

I asked on the AOS forum, but got some conflicting answers, and I sent a note to the USCIS but haven't heard back. So, I figured I'd ask here since you guys always seem to be a knowledgeable group:

Ira arrived stateside in May and we were married within the 3 months required by her K1 visa. Due to multiple considerations, we did not file for AOS within that same time frame. We're beginning the process now.

Things were going swimmingly with the documents until I reached the question on the I-485 asking for her "Current USCIS Status."

Anybody know what should go in this field?

Thanks in advance,

ZS

[russ 1]

Hi All,

I asked on the AOS forum, but got some conflicting answers, and I sent a note to the USCIS but haven't heard back. So, I figured I'd ask here since you guys always seem to be a knowledgeable group:

It would be either "c9", or "overstay."

I filed it as "c9" -- more than a year after we were married in the US. The only thing we were asked was whether we married in the 90 days required. I would put "©9," as it makes it clear you are adjusting based on a valid K-1, and no I-130 is required.

I even asked an immigration lawyer about this. You are still within the letter of the law, no matter when you file the I-485, so long as you married within the 90 days for the K-1. You can file as many I-485s as you want, forever, until USCIS approves one.

In practice, I doubt it would matter what you put there. And it isn't a K-1 overstay (it became void the second she entered the US), it is an overstay of the I-94.

Edited December 12, 2008 by russ

[1HappyGuy 45]

After getting married within the 90 days, you complete the requirements for the K-1 visa. It is really pretty simple now. The status is "out of status". She is here legally, but her status is underdetermined, thus "out of status". These darn forms just don't give you much direction. I would probably say something about legally processed K-1 visa and applying for permanent status; and currently out of status.

[mox 298]

After getting married within the 90 days, you complete the requirements for the K-1 visa. It is really pretty simple now. The status is "out of status". She is here legally, but her status is underdetermined, thus "out of status". These darn forms just don't give you much direction. I would probably say something about legally processed K-1 visa and applying for permanent status; and currently out of status.

This was my understanding as well. The K1 is a weird bird, it really wasn't thought out too well. If you really think about it, she's out of status the second she says "I do."

[shikarnov 7]

After getting married within the 90 days, you complete the requirements for the K-1 visa. It is really pretty simple now. The status is "out of status". She is here legally, but her status is underdetermined, thus "out of status". These darn forms just don't give you much direction. I would probably say something about legally processed K-1 visa and applying for permanent status; and currently out of status.

Is that what you ended up putting? I'd feel better knowing somebody else did this and everything was okay. I know it's probably irrational, but I do worry that putting the wrong thing could essentially be admitting guilt (even if there is none), and that the forms will basically point the law in the direction of my apartment. (The 5 or so openly illegal aliens living in our neighborhood notwithstanding, of course).

[1HappyGuy 45]

I would have to find our original application at home. If you need an answer sooner than next week, sorry.

[shikarnov 7]

I would have to find our original application at home. If you need an answer sooner than next week, sorry.

Don't worry about it. Thanks for the advice

[Satellite 1]

C9 is the appropriate answer for K1s. A9 will get you a work permit for the duration of the K1, do not mark that one, back in the day when the EAD cost money, that was a great waste.