feelings

[hübsches Mädchen 0]

hi VJers

i just wanna clarify something out. isn't it true that you need to adjust status so you can get the temporary green card then the permanent green card? my husband doesn't believe me and asks why jump to adjustment of status if you dont even have your temporary green card yet? i told him my status here is K1 and since i married you that gives me the chance to adjust my status here to beome legal resident here. then he said so you are saying that my inspector is lying to me? (because he said his inspector told him to get the temporary green card first, then the permanent green card then adjust status, because that's what they did with his wife). i told him that i have been doing research here at home in the internet since i am tuck here because i am not adjusted here yet to my status. i won't be staying here in the house all day long if i already have adjusted and have my green card. he said how can you get adjustment of status if you dont have even the temporary green card? my goodness!

i told him, look! (pointing out here on VJ site), i have been reading and posting discussions here to clarify my doubts and i believe these people are really helping me out and they all go to adjustment of status first before they get their temporary green card. he said, i dont believe that blog, it's a #######. then i told him, ok, we go to uscis office and ask ourselves. i can't believe you don't trust me with what i do and what is right, you don't even respect it. and he said more, he said greencard and work permit are the same, i said no, because green card is the proof that you are legally ok here in the US as a resident and yes it does give you the permit to work. the work permt just gives the permit that you can work but that can;t mae you a legal resident here in US.

i am sorry for the long post, i just wanna express my feelings i really cried because i feel like he doesn't trust me.

i hope i can get clarified with this. we set up an infopass monday at 8:15am here in metairie louisiana.

thanks guys!

VJ rockz!

[Calypso 464]

You have to adjust status because K1 is a nonimmigrant visa and now that you are here, you intend to be an immigrant.

If you send your AOS now and it would take less than two years until it gets approved, you'd receive a conditional green card that's valid for two years but you ought to file for lifting of conditions 90 days before your conditional green card expires so you could have your 10-year green card . If your AOS happens to be processed in two years or more, you'd get a 10-year green card once everything is done.

All the best for you and your husband.

Edited March 25, 2010 by Calypso

[Nik+Heather 121]

Hi

It sounds like your husband's problem is the source where he's getting the information. Maybe he could quiz his "inspector" friend a little more - If his friend used a lawyer, naturally he might be a little fuzzy on the process himself, and it all got lost in translation. Ask your husband to get the name of the lawyer, and then schedule a free consultation about your case. Hopefully the Lawyer can set him straight about the basics of the process, and then you two can file for it on your own later.

Or, seek out other more impartial third parties - have him do some research to ensure that you are fully complete with the process.

Also, I have looked through the USCIS website to see if I can find you some more credible links than "This stupid blog"

Here is from the United States Citizenship and Immigration Service website:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d5663a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=d5663a4107083210VgnVCM100000082ca60aRCRD

Adjustment of Status

Adjusting your status to a permanent resident is the process used by immigrants to get a green card while in the United States. Find out more about the process.

And from the Department of State (which is the larger body USCIS is a part of) regarding K-1 visas:

http://travel.state.gov/visa/immigrants/types/types_2994.html#Must

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

Anyway, hope this helps! There is so much misinformation about how the whole process works, it can be really frustrating combating the ideas that "everyone else" thinks.

[Brother Hesekiel 2,236]

LuckyGirl,

when you entered the US with your K-1 visa, the one and only requirement of this visa was to marry your petitioning USC spouse within 90 days. Now that you did that (I assume), you continue to be "legal" in the US. While the AOS for K-1s is a touchy issue (which I do not want to touch in order to avoid confusion [see***]), you cannot work or travel internationally before filing for Adjustment of Status (AOS) from K-1 to Lawful Permanent Resident (LPR).

You can time the AOS of course.

If by the time the AOS gets approved you are married for 2 years or longer, you get immediately a 10-year Green Card and do not have to file for Removal of Conditions (ROC), which cost $545 and is nerve-wrecking for many people.

If by the time the AOS gets approved you are married less than 2 years, you get a 2-year Green Card and have to file for ROC in order to get the 10-year card.

So from that perspective, filing for AOS after you've been married for close to 2 years has advantages, but only if you do not want to work and do not want to travel home during that time.

Now the final disclaimer [***}: although the immigration law doesn't spell out that the married K-1 holder has to apply for ROC, it's implied, because it's logical to assume that a new immigrant would want to get a SSN, a driver license, a work permit, and be able to travel internationally.

[hübsches Mädchen 0]

thanks for the replies...

yes, i explained to him from start to finish the proce of adjustment of status and from there the temporary green card will start. he really would not believe me. he refused to read the forum even. i don't know what to do with him. i hate it when he yells. ugh!

[summersurf 10]

Hi...Sounds like you guys been arguing about this huh hehe....

All the answers you got above are perfectly clear!

You entered the country as a K-1 visa holder, gotta get married within 90 days before the visa expired which is you did

After you got married, you ADJUST your STATUS from K-1 visa holder to US Permanent Resident (to be a Green Card holder).

Along the process after you sent in your Adjustment of Status (AOS) paperworks, you will have to do Biometric (they will send you the Biometric Appointment notice in mail), after that normally you will receive your EAD card (working permit card, if you applied it together with your AOS paperwork), and then there will be your AOS interview appointment comes in the mail (if you lucky, you might not will have an interview, but for temporary Green card, thats pretty rare).

After the interview, they usually tell you the result right after the interview or they will notify you later.

When you are approved, then you'll receive your TEMPORARY GREEN CARD that valid for 2 years, within 90 days before it expires, you will need to Remove the Condition by applying Removal of Condition (ROC) which is if its approved then you'll be given the 10 year Green card ( the permanent one).

And one year after you have your Permanent Green card, you are eligible to file for Naturalization (to be a citizen).

One thing here that your husband MIGHT meant by adjusting status is Adjusting status from Permanent Resident to be the US citizen, because he said, after the temporary green card, then Permanent Green Card, and then Adjust Status right? But THERE IS NO Adjusting status from permanent resident to a citizen

Maybe this is too confusing hehe...

Alrighty, hope you and your husband wont have an argument about this anymore...oh and by the way,please tell him VJ isn't a #######!! In fact, he needs to read this site so he wont get confused anymore

Best luck you guys!

[alex and astrid 38]

I feel really bad for you, because clearly your husband isn't supportive of this process and doesn't even want to listen when you logically explain what you need to do? Does he really want to jeopardize your life here? Does he understand that right now you really don't have a status per se, and thats why you need to adjust status? I mean, I really don't know what to say if he is hell bent on rejecting any idea presented to him. Did you get a handout at the consulate when you got your visa? That probably explains the process, and he can't try and refute something that was given to you by the government. Or tell him to to go the USCIS website. Tell him to pull his head out of his ####!!

[Bobby+Umit 161]

LuckyGirl,

when you entered the US with your K-1 visa, the one and only requirement of this visa was to marry your petitioning USC spouse within 90 days. Now that you did that (I assume), you continue to be "legal" in the US. While the AOS for K-1s is a touchy issue (which I do not want to touch in order to avoid confusion [see***]), you cannot work or travel internationally before filing for Adjustment of Status (AOS) from K-1 to Lawful Permanent Resident (LPR).

You can time the AOS of course.

If by the time the AOS gets approved you are married for 2 years or longer, you get immediately a 10-year Green Card and do not have to file for Removal of Conditions (ROC), which cost $545 and is nerve-wrecking for many people.

If by the time the AOS gets approved you are married less than 2 years, you get a 2-year Green Card and have to file for ROC in order to get the 10-year card.

So from that perspective, filing for AOS after you've been married for close to 2 years has advantages, but only if you do not want to work and do not want to travel home during that time.

Now the final disclaimer [***}: although the immigration law doesn't spell out that the married K-1 holder has to apply for ROC, it's implied, because it's logical to assume that a new immigrant would want to get a SSN, a driver license, a work permit, and be able to travel internationally.

Your correct - the K-1 visa instructions and the AOS instructions do not spell it out, it's spelled out with the other piece of immigration paperwork you get when you come to the US -

Here

To wit:

OVERVIEW

A visa is issued by a U.S. consulate or embassy. It allows the person to travel to the U.S. and apply for entry in that nonimmigrant category. The visa is valid for a certain length of time, and the customer may use it to apply for entry while the visa is valid. Having a visa does not guarantee that the person will be admitted. A multiple entry visa is simply a visa that can be used repeatedly to enter the U.S.

A person, who is admitted, is granted a particular status based on the visa and is admitted for a specific period of time. Usually the customer is given an I-94 Arrival-Departure record. In the lower right corner, the I-94 shows the nonimmigrant category or other status in which the person was admitted and below that, how long the person is authorized to stay. The period for which admitted often does not match the validity of the visa because the visa serves a different purpose. The I-94 is typically stapled into the customer’s passport.

There are limited exceptions where a Canadian or Mexican can be admitted as a B nonimmigrant but not given an I-94.

A person who violates immigration law can face penalties, including being required to remain abroad for a length of time before being able to return to the U.S., even after they otherwise become eligible for a status.

The I-94 controls the persons status, not the K-1 visa. If they go past the I-94 period of authorized stay, they are in violation of immigration law, and could have issues. Just coming here getting married on a K-1 does not make you "legal".

Filing for the AOS and getting it approved (ie greencard) makes you "legal" as in "legal permanant resident"

The choice, of course, is up to the person if they want to take chances with ICE.

[TracyTN 237]

I hope your husband's ignorance about the process - and refusal to actually a.) admit he might be wrong and b.) to LEARN anything - will not be to your detriment.

[hübsches Mädchen 0]

Hi...Sounds like you guys been arguing about this huh hehe....

All the answers you got above are perfectly clear!

You entered the country as a K-1 visa holder, gotta get married within 90 days before the visa expired which is you did

After you got married, you ADJUST your STATUS from K-1 visa holder to US Permanent Resident (to be a Green Card holder).

Along the process after you sent in your Adjustment of Status (AOS) paperworks, you will have to do Biometric (they will send you the Biometric Appointment notice in mail), after that normally you will receive your EAD card (working permit card, if you applied it together with your AOS paperwork), and then there will be your AOS interview appointment comes in the mail (if you lucky, you might not will have an interview, but for temporary Green card, thats pretty rare).

After the interview, they usually tell you the result right after the interview or they will notify you later.

When you are approved, then you'll receive your TEMPORARY GREEN CARD that valid for 2 years, within 90 days before it expires, you will need to Remove the Condition by applying Removal of Condition (ROC) which is if its approved then you'll be given the 10 year Green card ( the permanent one).

And one year after you have your Permanent Green card, you are eligible to file for Naturalization (to be a citizen).

One thing here that your husband MIGHT meant by adjusting status is Adjusting status from Permanent Resident to be the US citizen, because he said, after the temporary green card, then Permanent Green Card, and then Adjust Status right? But THERE IS NO Adjusting status from permanent resident to a citizen

Maybe this is too confusing hehe...

Alrighty, hope you and your husband wont have an argument about this anymore...oh and by the way,please tell him VJ isn't a #######!! In fact, he needs to read this site so he wont get confused anymore

Best luck you guys!

hi

yes, i asked maybe he meant by adjustment of status was the naturalization process. he said, no and where did you get that? we were not talking about it! i told him, yes but i was thinking that's what you meant by AOS. i was trying to show him VJ site but he just stopped me, he's wild.

[hübsches Mädchen 0]

I feel really bad for you, because clearly your husband isn't supportive of this process and doesn't even want to listen when you logically explain what you need to do? Does he really want to jeopardize your life here? Does he understand that right now you really don't have a status per se, and thats why you need to adjust status? I mean, I really don't know what to say if he is hell bent on rejecting any idea presented to him. Did you get a handout at the consulate when you got your visa? That probably explains the process, and he can't try and refute something that was given to you by the government. Or tell him to to go the USCIS website. Tell him to pull his head out of his ####!!

i hope he will not jeopardize my life here, i'd rather go home then, hehe. but yes, he doesn't wanna listen, just even a little respect though, he's pointing fingers to me too when telling me those words. yes, i showed him my small handbook too from my country, and he said what am i gonna do with that? i am not gonna read it. showed him the I-485 instructions and readings from USCIS, he still doesn't wanna read. that's why I said, i'll go get an infopass on uscis and go talk to an officer there, he said what's an infopass? i told him, you could have known it if you just tried to see at the uscis website' it's setting up appointment so we can go to their office and talk to an officer there. he said i've been to uscis website before when i filed your K1. and i told him but you never ran across or scan the AOS process. geez!

i really hope on monday he'll be clarified.

[besaangel 18]

hi

yes, i asked maybe he meant by adjustment of status was the naturalization process. he said, no and where did you get that? we were not talking about it! i told him, yes but i was thinking that's what you meant by AOS. i was trying to show him VJ site but he just stopped me, he's wild.

I'd suggest that you "let it go" for awhile. If you intend on filing AOS, do tell him you need your green card and if he just doesnt wanna listen (which he obviously doesnt want to) then I'd say start gathering "evidence" for your permanent residency (green card) or whatever he chooses to call it... No use arguing with him... Just tell him you guys need to start getting "evidence" of your marriage for your green card- try lo just leave it at that as we all know a successful AOS leads to green card

Edited March 27, 2010 by besaangel

[Brother Hesekiel 2,236]

Bobby,

no offense, and I know you know that, but the K-1 to AOS issue is a touchy one, and has been discussed extensively. While I agree with anybody who would suggest for a K-1 to adjust status ASAP, there are some who maintain that a K-1 who married her petitioner within the assigned 90-day time frame is legal even beyond the duration of the I-94. Yes, they say, such a person may get detained if she cannot provide a green card, but will be released once her passport and marriage certificate proof that she complied with the K-1 requirements.

Here's another angle to this.

Oftentimes, and I read this personally a few times here on VJ on the Russian section, petitioning US citizens "like" to delay the AOS for selfish reasons. If the marriage fails, they are able to "get rid" of their better half without problems. Once the spouse has a Green Card, even if it's "only" a 2-year card, things get a bit more complicated . . . for them.

[Kathryn41 3,205]

It sounds like your husband needs to hear about the correct immigration process from an official source. Is he accompanying you to the Infopass appointment? (I sure hope so). If he is, then relax over the weekend because the immigration officer will tell him exactly what you two need to do next. If he isn't, do your best to convince him to accompany you. Tell him that you both need to understand what is happening and that if you are wrong and he is right, the immigration officer will tell him so (and vice versa ).The important thing right now is to get him to the infopass so he can learn from the proper authorities what happens next. Hopefully he will give as much credibility to the USCIS as he does to his 'inspector' friend. Good luck to you.

Just to clarify something that may be causing problems - he is asking why you need to adjust status before getting your green card - he needs to understand that adjusting status is HOW you GET your green card - it doesn't come unless you apply for it. Could he be getting confused with 'removal of conditions' which is the step that would happen between getting your temporary green card and getting your permanent green card?

Edited March 27, 2010 by Kathryn41

[Nich-Nick 3,354]

(because he said his inspector told him to get the temporary green card first, then the permanent green card then adjust status, because that's what they did with his wife).

Like Kathryn said, I think it's the words that are confusing the issue. By what you said, he thinks adjustment of status is the third step...maybe he thinks that's getting US citizenship. Maybe if you said, "ok let's get my temporary green card" and didn't use the word adjustment of status. So you fill out all the paperwork and gather the evidence and call it "applying for a green card" instead of what we call it...AOS.