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[Tonga 'Ofa 1]

Hi all,

I am having a hard time figuring out whether or not my fiance will be eligible for things once he is in US and we are married.

So once he gets here (in posession of legal K1 Visa) and we are married (living together in Virginia) is he at that point considered a resident? Or, would this only qualify after we have done an Adjustment of Status to Legal Permament Resident?

I guess what I am asking, in other words, is: what is the status of the beneficiary after marrying the petitioner but before getting their "stamp" in the passport/green card after the AOS process is complete?

Thanks!!

[Tonga 'Ofa 1]

Also, I read this in the VJ flow chart:

Apply for Adjustment of Status (AOS), EAD, AP

Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status.

Doesn't your K1 only expire if you stay in the US for 3 months without marrying the petitioner or if you wait longer than 6 months to use the visa and enter the US. And, if so then wouldn't it stand to reason that you most likely won't need to file an AOS because you most likely decided not to marry/travel?

[Enigma11561 336]

Any visa is simply the approval of a government that allows you to enter that country legally. I k-1 is a visa that allows you to enter the US for the purpose of marriage.

A K-1 visa is issued by an embassy and is valid for 6 months ( believe this is correct). You then have this time to come to the US. After you enter the US the visa is expired as it is only a one time entry visa. You are then given an " I-94" which is placed in your passport. This allows you to stay for the 90 day period. You then these 90 days to get married or you must leave. After you are married you apply for your AOS. Between marriage and AOS you are considered "out of status". This status is completely normal and don't fret about the name. You are now legally here as you did marry. But you are not considered a permanent resident until you adjust this status, and get your green card.

I think what you are reading is letting your visa expire before you enter the US and therefore not giving yourself the chance to apply for the AOS.

[KayMar 4]

The benefit of the AOS/AP/EP is that he can work, travel out of the country and enter back into the US and will then be considered a legal permanent resident with conditions. If his visa expires you will not be able to get him a drivers license, social secuity # and will end up running into a host of other problems at one time or another even if you are married. It is best to do the right thing and file for the AOS ASAP after marriage, prior to his visa expiration. Also there is no USCIS status term for you when the K1 expires and you have a AOS pending; however you are still considered legal while your petition is pending.

[Tonga 'Ofa 1]

It is best to do the right thing and file for the AOS ASAP after marriage, prior to his visa expiration.

Ok I understand that the visa expires if you don't marry within 3 months after enter the U.S. And, that it expires after 6 months of having it and not entering the U.S. So are you saying it also expires after marraige at some point?

[KayMar 4]

Ok I understand that the visa expires if you don't marry within 3 months after enter the U.S. And, that it expires after 6 months of having it and not entering the U.S. So are you saying it also expires after marraige at some point?

After entering the US the I-94 expires in 90 days no matter if u are married or not. If u are married within those 90 days you have fulfilled what you said you were going to do and should move on to the AOS process. Even though you get married, you will then have your marriage certificate but there will not be any extensions on your I-94. It still expires after 90 days but if you start the AOS process he can be eliglble to work and travel, then later on you move towards getting the greencard.

[Tonga 'Ofa 1]

OH, ok, I see. Thanks!