Status after marriage, before Permanent Resident

[Alyssa84 0]

I'm trying to fill out an application that is requesting all the different status's of my husband's immigration timeline. When he came over to the US, he was obviously a K-1 but between the time we got married and the time that his permanent residency was approved, what was he considered then?

[Bobby+Umit 161]

His status was "pending approval of AOS" I would think.

[baron555 934]

Married !!! ....and hopefully, Happy !!!

Bobby answered correctly.

[payxibka 10,045]

His status was "pending approval of AOS" I would think.

I cannot find where the above is a legal recognized "status"... do we know where such a reference is to this "status" somewhere?

my understanding is that your entry status remains your "status" until you have adjusted your status to PR... So my though has always been you remain K-1 (though it may have expired) until you adjust your status to PR.

[Bobby+Umit 161]

His status was "pending approval of AOS" I would think.

I cannot find where the above is a legal recognized "status"... do we know where such a reference is to this "status" somewhere?

my understanding is that your entry status remains your "status" until you have adjusted your status to PR... So my though has always been you remain K-1 (though it may have expired) until you adjust your status to PR.

I have seen it referenced like that in several places, here is one place:

Immigration Site by lawyers (look in the Overview section)

The way I understand it, the receipt of the NOA for the AOS allows you to remain without worrying about your I-94 expiring, for example, so it is "pending" approval of the AOS. If they approve it, your an LPR, if not, you will be asked to leave, since you no longer have any status.

[payxibka 10,045]

I don't necessarily dispute this, but I wonder if it is only a "lawyer" coined phrase, as I cannot find anywhere an actual legal designation of this "status" in the CFR or any USCIS material

[baron555 934]

His status was "pending approval of AOS" I would think.

I cannot find where the above is a legal recognized "status"... do we know where such a reference is to this "status" somewhere?

my understanding is that your entry status remains your "status" until you have adjusted your status to PR... So my though has always been you remain K-1 (though it may have expired) until you adjust your status to PR.

Isn't the K-1 just the entry visa and you are given an I-94 visa at entry which then is the visa allowing you stay in the country?

[Bobby+Umit 161]

I don't necessarily dispute this, but I wonder if it is only a "lawyer" coined phrase, as I cannot find anywhere an actual legal designation of this "status" in the CFR or any USCIS material

Did some more digging - and this is the legal status "applicant to adjust status" that every lawyer site uses.

May be a lawyer term, but USCIS seems to operate with this in mind.

[payxibka 10,045]

His status was "pending approval of AOS" I would think.

I cannot find where the above is a legal recognized "status"... do we know where such a reference is to this "status" somewhere?

my understanding is that your entry status remains your "status" until you have adjusted your status to PR... So my though has always been you remain K-1 (though it may have expired) until you adjust your status to PR.

Isn't the K-1 just the entry visa and you are given an I-94 visa at entry which then is the visa allowing you stay in the country?

a K-1 visa provides you K-1 status at entry... just happens to have the same pre-fix

I don't necessarily dispute this, but I wonder if it is only a "lawyer" coined phrase, as I cannot find anywhere an actual legal designation of this "status" in the CFR or any USCIS material

Did some more digging - and this is the legal status "applicant to adjust status" that every lawyer site uses.

May be a lawyer term, but USCIS seems to operate with this in mind.

but for the OP it might (then again it might not)

[Bobby+Umit 161]

I would go with "applicant to adjust status"

[TBoneTX 45,289]

I would go with "applicant to adjust status"

Or even "adjustment applicant," as two attorneys told me.

[Gary and Alla 3,694]

I'm trying to fill out an application that is requesting all the different status's of my husband's immigration timeline. When he came over to the US, he was obviously a K-1 but between the time we got married and the time that his permanent residency was approved, what was he considered then?

If you have filed the AOS and have received an I-797C, his status "pending"

If you have not filed AOS and his I-94 is still valid, he is a visitor that has entered on a K-1. If the I-94 IS expired and you have not filed AOS his status is "out of status"

[Gary and Alla 3,694]

His status was "pending approval of AOS" I would think.

I cannot find where the above is a legal recognized "status"... do we know where such a reference is to this "status" somewhere?

my understanding is that your entry status remains your "status" until you have adjusted your status to PR... So my though has always been you remain K-1 (though it may have expired) until you adjust your status to PR.

Isn't the K-1 just the entry visa and you are given an I-94 visa at entry which then is the visa allowing you stay in the country?

Yes. Upon entry the K-1 itself is cancelled and replaced by the I-94. The I-94 is not a "visa" it is basically a three month visitor pass and is given to all foreign visitors, even that enter on the VWP. A person coming to visit Disneyland on the VWP from England has the same 90 day I-94 as your fiancee. There are some benefits associated with the K-1 that continue, such as ability to get a SSN and most important, the ability to adjust status after marriage.

[payxibka 10,045]

Yes. Upon entry the K-1 itself is cancelled and replaced by the I-94. The I-94 is not a "visa" it is basically a three month visitor pass and is given to all foreign visitors, even that enter on the VWP. A person coming to visit Disneyland on the VWP from England has the same 90 day I-94 as your fiancee. There are some benefits associated with the K-1 that continue, such as ability to get a SSN and most important, the ability to adjust status after marriage.

No, a person who arrives on VWP does not get the same I-94 but an I-94W...

For other non-immigrants, they do get the white I-94 but there entry status is quite different...

[elmcitymaven 9,712]

Moved to Adjustment of Status from Family-Based Visas as OP is in the AOS stage.