Visa Limbo

[wasabi 4]

I have correctly filed all papers for my wife within the 90 day window. Tomorrow she has her biometric appointment. Her I-94 expires on Oct 26th. After that happens what is her status? Should someone question her right to be in the US what document should I show?

[Chica Yeyé 41]

her status is pending.

[Dakine 26]

I have correctly filed all papers for my wife within the 90 day window. Tomorrow she has her biometric appointment. Her I-94 expires on Oct 26th. After that happens what is her status? Should someone question her right to be in the US what document should I show?

Have her carry the NOA1 receipt notice and her passport. Best not to travel near the Mexican border.

Edited October 12, 2009 by Dakine

[emit 0]

I have correctly filed all papers for my wife within the 90 day window. Tomorrow she has her biometric appointment. Her I-94 expires on Oct 26th. After that happens what is her status? Should someone question her right to be in the US what document should I show?

You have to wait for a notice from the Immigration for your initial interview. There will be some documents to bring and if you passed, then you can have her conditional status approval.

[freetv 7]

If someone were to enter her in the system to check if she was legal or not it would say she has a case that it pending and would let her go. The only thing about being in this period is that you can't just whip out a visa or greencard, but it's not like she is going to be sent packing if something were to happen. Most people don't know what an noa is so it is unlikely to make an officer or someone like that just let her go if he was serious enough to ask/stop her.

Edited October 12, 2009 by freetv

[wasabi 4]

I'm only concerned because we will be flying from New York to California soon. I'm not sure what to tell the airline staff if they mention her K1 visa is expired even though we have followed all the steps to keep her in status.

[thepizzadude 26]

I'm only concerned because we will be flying from New York to California soon. I'm not sure what to tell the airline staff if they mention her K1 visa is expired even though we have followed all the steps to keep her in status.

Just take the NOA1 that says they have received your petition, doesn't matter if someone doesn't know what it is, it states right on it what it is. You also have the passport with the K1 attached so they will be able to put 2 and 2 together.

Nobody is gonna have access to "the system" and will not be able to tell she has anything pending except for customs and immigration, so just keep the NOA1 and passport in case you need to show it to airport officials or law enforcement away from the airport in case the need arises.

[Kathryn41 3,205]

Right, the airlines only use the passport for identification purposes on domestic flights - they aren't checking for immigration status. Now that she has filed her status is 'AOS applicant' pending a decision - she is not out of status even though the I-94 has expired. Once she filed the AOS and it was accepted her status changed from one legal status based upon the I-94 to another legal status based upon the AOS application.

Edited October 13, 2009 by Kathryn41

[Elghazi2008 4]

I have correctly filed all papers for my wife within the 90 day window. Tomorrow she has her biometric appointment. Her I-94 expires on Oct 26th. After that happens what is her status? Should someone question her right to be in the US what document should I show?

Not a big deal, some of us haven't even filed our papers yet after 90 days, we've only managed the getting married part :-)

Her status is 'pending' but she is here legally because she is married to you, the USC. All you've gotta do is flash your marriage certificate at them ;-) You should have a letter coming from USCIS to let you know that your fiance's case is pending; a letter that will be proof that she is working on becoming a permanent resident and that will prove to potential employers that she is here legally and able to accept employment until her EAD arrives. In many cases, it serves as a temporary EAD.

[thepizzadude 26]

Her status is 'pending' but she is here legally because she is married to you, the USC. All you've gotta do is flash your marriage certificate at them ;-) You should have a letter coming from USCIS to let you know that your fiance's case is pending; a letter that will be proof that she is working on becoming a permanent resident and that will prove to potential employers that she is here legally and able to accept employment until her EAD arrives. In many cases, it serves as a temporary EAD.

and your basing this on what information?

[Rosie and David 1]

Ok you did not state that you have sent in her AOS papers. Authorization of Status change.

If you sent in her papers when you recieve the LETTER of confirmation then she is in status waiting a

Conditional Green card (2 years).

If you have not sent in the papers, then she is out of status and if anything happens ... who knows the

out come.

A NOTE: My wife an I are in the wait mode. We have had are papers transfered time and time again between

office 3 time so far. We have had agents out to the house to ask questions of my my while I was at work.

Some people say they have waited over a year to recieve their Temp (Conditional) Green card.

God bless

Yes the waiting is a KILLER

Rosie and David

[Ellie-and-David 38]

I have correctly filed all papers for my wife within the 90 day window. Tomorrow she has her biometric appointment. Her I-94 expires on Oct 26th. After that happens what is her status? Should someone question her right to be in the US what document should I show?

Not a big deal, some of us haven't even filed our papers yet after 90 days, we've only managed the getting married part :-)

Her status is 'pending' but she is here legally because she is married to you, the USC. All you've gotta do is flash your marriage certificate at them ;-) You should have a letter coming from USCIS to let you know that your fiance's case is pending; a letter that will be proof that she is working on becoming a permanent resident and that will prove to potential employers that she is here legally and able to accept employment until her EAD arrives. In many cases, it serves as a temporary EAD.

Absolutely 100% INCORRECT. The only thing that serves to prove a K1 holder is eligible to work in the USA is an EAD. The NOA does in NO WAY constitute temporary authorization to accept and undertake work.

Please be careful what you write.

[rsn 135]

Ok you did not state that you have sent in her AOS papers. Authorization of Status change.

Yes, he did.

I have correctly filed all papers for my wife within the 90 day window.

Furthermore, the OP stated that a biometrics appt has been scheduled.