Proof of legal residency while I-485 is pending

[mowog74 0]

Hi everyone,

Alison and I are refinancing the house, and our lender wants to see a piece of paper/card/etc. that says she's present in the US legally and that has an expiration date that hasn't expired. The problem is that her status is pending I-485 approval (her interview is soon--March 20), so we don't really *have* a piece of paper that says that. I think what they're used to seeing is either a green card or a visa, both of which have expiration dates. We don't have a visa anymore as she came in on a K3, which of course has expired.

Now I've read on VJ that she is considered to officially be in a "period of stay authorized by the Attorney General" while her I-485 application is pending, but I can't seem to find an official USCIS document that says that. That, combined with our I-485-related receipts, might satisfy them--does anyone know of a reference for that? Or, does anyone have any other suggestions? She has her EAD and travel AP, neither of which is expired.

Thanks in advance!

Mike and Alison

[Autumnal 25]

Hopefully someone else can provide you with exact quotes; I've not the time this morning, otherwise I would compile them for you.

When someone enters AOS phase, from what I understand, the timer "stops" or "pauses" so to speak. No time is ticking out for her right to be here. It looks like she entered on a K3, you said, so as long as you filed off the I-485, she's not out of status. That is, she's still valid to remain in the country.

The EAD and AP should together, with her SSN, satisfy someone that she's not out of status. The EAD's expiration date would clearly show if she was not eligible for work. I would imagine if you show the receipts for the I-485, you should be able to demonstrate that she's applied for an EAD on the grounds of marriage and the AOS is in process.

Don't see why they need to be so picky, but.

[pax 0]

Yes, I agree; the EAD + SS card + NOA for the I-485 should sufficiently prove legal presence.

[mowog74 0]

Hi, and thanks for the responses so far. First I misspoke--she entered on a K1, not a K3. Don't know where that came from, but not sure it makes a difference for this issue.

Anyway, the EAD/AP/SS/NOA plan sounds good, but I'd still like to hear if anyone can point me to a document that says "if your I-485 is pending, you are legally present in the US until it's no longer pending", or something to that effect.

Thanks!

[john_and_marlene 162]

Hi, and thanks for the responses so far. First I misspoke--she entered on a K1, not a K3. Don't know where that came from, but not sure it makes a difference for this issue.

Anyway, the EAD/AP/SS/NOA plan sounds good, but I'd still like to hear if anyone can point me to a document that says "if your I-485 is pending, you are legally present in the US until it's no longer pending", or something to that effect.

Thanks!

I'd like to see something that says that too. We didn't apply for EAD or AP. In Oklahoma you have to show that you are here legally to get a license to drive. They require an EAD to prove that if you are pending AOS. It doesn't seem right to have to get an EAD just to get a license if you don't want to work. There's very little public transportation and we live about 8 miles from the nearest bus stop.

[pax 0]

This is a DoS cable on the subject, so I would imagine this should suffice:

http://www.immigrationlinks.com/news/news309.htm

[motu 6]

I think without an EAD - you are out of luck - I fought the same battle for a state ID in Colorado - they don't consider your status as 'legitimate' unless you show them a green card or an EAD! Some lenders will accept just the SSN card but others may not. Good Luck

[gag54611 1]

I think your issue may be a little less straightforward than showing them your wife's EAD etc. The lender wants to know that they've got someone to go after if you default on the loan. So, from their perspective, all the EAD says is that your wife is allowed to work until a certain date. Since your AOS hasn't been adjudicated yet, it is possible that it could be denied and she could be asked to leave the country. Unlikely I agree, but the lender still has to protect himself.

Since March 20th is only 10 days away, why don't you wait until it is done. If your wife is successful, she can get the I-551 stamp in her passport and that should suffice.

Best of luck,

G

[canadalaura 0]

Yeah, I was wondering this the other day, too since it could be another 2-3 years until my I-485 is approved (slow office) - your EAD specifically staes "This Card is not evidence of US citizenship or permanent residence"

[Jasman0717 9]

Heck, in some cases the GC isn't even recognized. Claudeth wanted to get a checking account but my credit union won't give her one, only a savings account, until she has a California I.D. They won't recognize the GC or her EAD. We went to DMV and the recognized the EAD and GC and thought the credit union was nuts!