Once we are hitched, what's her status?

[johnandxiaoyan 2]

I am not clear about my fiancee's status once we are married and while our AOS petition is being processed.

Can you explain?

I read on the K-1 Guide page that:

"Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document."

So, if the K-1 is cancelled, on what basis will my newlywed wife be in the U.S.? I understand she can apply for permission to work and travel, but I don't understand her visa status.

Can you clarify?

[Merrytooth 5,748]

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

[johnandxiaoyan 2]

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

Thanks. Is that "period of stay" a standard amount of time? If so, how long?

[TBoneTX 45,329]

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

The above.

Simpler terminology, as told to me by an immigration attorney in answer to my identical question, is "applicant for Adjustment," or "Adjustment applicant."

---

There's no fixed period of stay. For a great many reasons, it's to your definite advantage to file for AOS as early as you possibly can.

Edited April 2, 2014 by TBoneTX

[KayDeeCee 4,893]

Thanks. Is that "period of stay" a standard amount of time? If so, how long?

Status is controlled by the I-94 upon entry. If the I-94 expires, then they will be out of status. However, once you file for AOS, then you enter a new period of authorized stay and the I-94 expiring does not matter. There is no set amount of time for this. It is until the time the green card is approved or denied.

[Darnell 8,478]

Thanks. Is that "period of stay" a standard amount of time?

No. Tis a new shuffle at a USCIS service center, with new queues and assigned adjudicators.

Remember the queue you had on the I-129F? Similar queue, different paint, different building. It ain't over till it's over, mostly FIFO queue rules. Mostly.

About the only thing that is useful prior to greencard issuance, is the actual EAD card (fee for filing the I-765 is waived when filed with an I-485, so that's a plus) and USUALLY the EAD card shows up 90 days after filing the big honking AOS set. If you need the EAD card sooner, can apply for expedite after the biometrics is done and usually get it.

Edited April 2, 2014 by Darnell

[JE57 239]

Basically as I understand it your new wife will be allowed to remain in the USA as long as her Adjustment of Status is processing. NOTE one important caveat to this whole process... IF your new wife decides she wants to leave the country to vist back home (or anywhere else) either with or without you make sure that she applies for a document called Advanced Parole and that she does not leave the USA until she has either the Advanced Parole or the green card. To leave the country prior to recieving AP will in most cases the Adjustment of status to be considered abandoned and you'll need to start the process of getting an immigrant visa all over again this time with the much longer I-130 process. Good luck to both of you.

[johnandxiaoyan 2]

The above.

Simpler terminology, as told to me by an immigration attorney in answer to my identical question, is "applicant for Adjustment," or "Adjustment applicant."

---

There's no fixed period of stay. For a great many reasons, it's to your definite advantage to file for AOS as early as you possibly can.

Thank you. Sounds like the time to best time to file for an AOS is immediately after "Now you may kiss the bride."

[johnandxiaoyan 2]

Basically as I understand it your new wife will be allowed to remain in the USA as long as her Adjustment of Status is processing. NOTE one important caveat to this whole process... IF your new wife decides she wants to leave the country to vist back home (or anywhere else) either with or without you make sure that she applies for a document called Advanced Parole and that she does not leave the USA until she has either the Advanced Parole or the green card. To leave the country prior to recieving AP will in most cases the Adjustment of status to be considered abandoned and you'll need to start the process of getting an immigrant visa all over again this time with the much longer I-130 process. Good luck to both of you.

Thanks. That's very concise and clear information, which is a precious commodity during this process.

[johnandxiaoyan 2]

No. Tis a new shuffle at a USCIS service center, with new queues and assigned adjudicators.

Remember the queue you had on the I-129F? Similar queue, different paint, different building. It ain't over till it's over, mostly FIFO queue rules. Mostly.

About the only thing that is useful prior to greencard issuance, is the actual EAD card (fee for filing the I-765 is waived when filed with an I-485, so that's a plus) and USUALLY the EAD card shows up 90 days after filing the big honking AOS set. If you need the EAD card sooner, can apply for expedite after the biometrics is done and usually get it.

I've been meaning to thank you for your replies to my several queries. So xie xie.

Also, I was intrigued by your use of the Brit term "queue." Have you spent time in the UK?

[TBoneTX 45,329]

*** Thread moved from K-1 Process forum to the AOS/Family-Based Case Progress subforum -- topic involves the phase after the K-1 visa is used. ***

[Avery Cates 1,141]

I am not clear about my fiancee's status once we are married and while our AOS petition is being processed.

Can you explain?

I read on the K-1 Guide page that:

"Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document."

So, if the K-1 is cancelled, on what basis will my newlywed wife be in the U.S.? I understand she can apply for permission to work and travel, but I don't understand her visa status.

Can you clarify?

Basically the K-1 visa allows her into the country, then the I-94 takes over which determines her authorized stay, and expires after 90 days. (Remember, that's not necessarily 3 months, but 90 actual days.)

If you don't file for the AOS by the time that 90 days expires, she's put into this weird gray area where although she came her legally and fulfilled the visa requirements, she is technically out of status at that point and has the potential to be deported. (This is exceptionally rare, but possible. Most of the time you'll end up in front of an immigration judge who will give you a deadline to file by and leave it at that.) Once the AOS is filed, she's put into a new period of authorized stay and then you don't need to worry about that anymore.

[Darnell 8,478]

Also, I was intrigued by your use of the Brit term "queue." Have you spent time in the UK?

Yup. 7 years this century, I was a partner in a software dev company in Liverpool, had lodgings, was there 3 to 5 months each year. Queues are important!

[Virtuous45 31]

I've been meaning to thank you for your replies to my several queries. So xie xie.

Also, I was intrigued by your use of the Brit term "queue." Have you spent time in the UK?

That is an "English" word and spelling. Many English-speaking countries use the word this way. I'm Jamaican, never been to England, and that is how we spell the word.

[Alove 0]

Hello all,

I'm still confused! My fiancé who came to the US on 12/22/2013, who is now my husband. We got married on 12/31/2013. We already applied for AOS and EAD. His I-94 expired in March 2014. My question is if my husband wants to apply for a driver license how do we got about this in CA? Because our I-94 is expired and the DMV (department of motor vehicle) is saying they will only approve the I-94. but what do we do if I-94 is expired and my husband is currently waiting for his EAD and his AOS approval. It feels like my husband is stuck and not able to do anything until all this is approved...what do you guys think?

thanks