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Ryan S

What is my wife's legal status in the US?

By Ryan S in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Ryan S Contributor

Ryan S   4

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Filed: K-1 Visa Country: Spain
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She came here on a K1 Visa and we got married in June this year and we have filed for AOS and still waiting for her final interview and/or green card in the mail. What is her status here? Is she a permanent reisdent alien right now? Nonresident alien? Temporary resident? I'm confused.

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florida4life Rising Star

florida4life   29

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Filed: IR-1/CR-1 Visa Country: Jamaica
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She came here on a K1 Visa and we got married in June this year and we have filed for AOS and still waiting for her final interview and/or green card in the mail. What is her status here? Is she a permanent reisdent alien right now? Nonresident alien? Temporary resident? I'm confused.

Non-immigrant

Keep it Real

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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She came here on a K1 Visa and we got married in June this year and we have filed for AOS and still waiting for her final interview and/or green card in the mail. What is her status here? Is she a permanent reisdent alien right now? Nonresident alien? Temporary resident? I'm confused.

She is non of those things. She is a immigrant married to a citizen. Not until she is approved for green card is she a permanent resident. She has the stamp in her passport which is good for a year (I believe its the I-94). I you probably already applied for the EAD and got SS card for her so she can work.

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Zedayn Experienced

Zedayn   485

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Filed: Citizen (apr) Country: Philippines
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The I-94 is only valid for 3 months from date of entry into the US. Since you already applied for AOS it doesn't matter, because you are in process of getting the green card. Until that time your wife is technically out of status, which doesn't really mean anything either unless she doesn't have her EAD/AP card yet.

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Ryan S Contributor

Ryan S   4

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Filed: K-1 Visa Country: Spain
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Thanks. I know this is not a place for tax advice, but does anyone know if I can get an exemption on my income taxes for her? My W-4 says that if she is a nonresident alien, I have to check off "single". She hasn't worked this year.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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Her status is AOS-pending.

Immigration status is different from tax status. She can elect to be considered a resident for tax purposed for 2013. If you are talking about w4s, then yes, take an exemption for her. You are married.

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Ryan S Contributor

Ryan S   4

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Filed: K-1 Visa Country: Spain
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Thank you

Her status is AOS-pending.

Immigration status is different from tax status. She can elect to be considered a resident for tax purposed for 2013. If you are talking about w4s, then yes, take an exemption for her. You are married.

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