PROOF HERE LEGALLY

[sailorinaz 0]

Hi everyone. My wife came here from Honduras using a K-1 visa. We are now married and I am submitting the package for adjustment of status. Anyway, I am going to include the checks for AOS, biometrics, and employment in the package. Not sure if that is correct or not. Not much help from the USCIS website or when I went to the local office in Phoenix. They were too busy to help me and every time I call USCIS I get a different answer.

How will I show that she is here legally when the visa expires in 90 days and I submit for adjustment of status? I am sure it will take some time to get some proof that I actually applied for the adjustment.

[bora bora 1]

Hi everyone. My wife came here from Honduras using a K-1 visa. We are now married and I am submitting the package for adjustment of status. Anyway, I am going to include the checks for AOS, biometrics, and employment in the package. Not sure if that is correct or not. Not much help from the USCIS website or when I went to the local office in Phoenix. They were too busy to help me and every time I call USCIS I get a different answer.

How will I show that she is here legally when the visa expires in 90 days and I submit for adjustment of status? I am sure it will take some time to get some proof that I actually applied for the adjustment.

This is normal. There is no deadline by when you have to apply for AOS. However, it is better to do so as soon as you can.

For example, my husband's 90 days was up last week (so says his I-94).

However, he applied for AOS more than 6 weeks ago - and of course we're waiting. But we didn't do anything wrong, so my fiance is not technically here illegally.

He was even allowed to get his driver's license by presenting his original NOA for the AOS. (It is valid for one year).

That receipt (for the AOS) shows that he has applied for his green card and is in the process of becoming a resident.

Your wife will do the same thing. I suggest applying for AOS ASAP to be sure.

Check out the AOS forum - you'll find more information there than here. Good luck.

[desert_fox 32]

Hi everyone. My wife came here from Honduras using a K-1 visa. We are now married and I am submitting the package for adjustment of status. Anyway, I am going to include the checks for AOS, biometrics, and employment in the package. Not sure if that is correct or not. Not much help from the USCIS website or when I went to the local office in Phoenix. They were too busy to help me and every time I call USCIS I get a different answer.

How will I show that she is here legally when the visa expires in 90 days and I submit for adjustment of status? I am sure it will take some time to get some proof that I actually applied for the adjustment.

Run the I-94 thru a copying machine and send them a copy with the package. This shows that your spouse os here legally. The instructions tell you what to send.

[pushbrk 13,210]

Hi everyone. My wife came here from Honduras using a K-1 visa. We are now married and I am submitting the package for adjustment of status. Anyway, I am going to include the checks for AOS, biometrics, and employment in the package. Not sure if that is correct or not. Not much help from the USCIS website or when I went to the local office in Phoenix. They were too busy to help me and every time I call USCIS I get a different answer.

How will I show that she is here legally when the visa expires in 90 days and I submit for adjustment of status? I am sure it will take some time to get some proof that I actually applied for the adjustment.

Run the I-94 thru a copying machine and send them a copy with the package. This shows that your spouse os here legally. The instructions tell you what to send.

I don't think the OP is worried about showing she's here legally for the AOS paperwork. He's asking how to show prove it to any authority as required. The answer is to do so with the receipt for having filed the AOS. It is unlikely the issue will come up.

[ramos96 1]

I would have her carry around her I-94. This way NO official will have any issue with that, and if you are worried about it getting lost, I would make a color photo copy and store it somewhere safe, like a waterproof and fireproof box, never know what can happen, additionally you could scan and then email it yourself like on yahoo or hotmail this way you also have it backed up online.

Sincerely,

Ramos

[bora bora 1]

I would have her carry around her I-94. This way NO official will have any issue with that, and if you are worried about it getting lost, I would make a color photo copy and store it somewhere safe, like a waterproof and fireproof box, never know what can happen, additionally you could scan and then email it yourself like on yahoo or hotmail this way you also have it backed up online.

Sincerely,

Ramos

Her visa should still be valid..right? My husband got his K1 visa in March and it is valid until September.

And then once she has her receipt that she has applied for AOS - that is additional proof.

[pushbrk 13,210]

I would have her carry around her I-94. This way NO official will have any issue with that, and if you are worried about it getting lost, I would make a color photo copy and store it somewhere safe, like a waterproof and fireproof box, never know what can happen, additionally you could scan and then email it yourself like on yahoo or hotmail this way you also have it backed up online.

Sincerely,

Ramos

Her visa should still be valid..right? My husband got his K1 visa in March and it is valid until September.

And then once she has her receipt that she has applied for AOS - that is additional proof.

The K1 visa validity means nothing once you use it because it is a single entry visa. If you are here 90 days after entry and have not married, you are here illegally, no matter how many months later you could have entered.

Once you use a visa to enter a country, your length of authorized stay takes over. Here's a simple practical example for you. When I get a visa to enter China as a visitor January 1, I can use the visa any time in the next 90 days or until March 31. The visa is good for a 30 day stay. If I go to China January 15th, the March 31 date becomes meaningless. I can stay in China until February 14. If I'm there on February 15, I'm illegal.

A (now) spouse who comes on a K1 fiance visa has an I-94 that shows they are authorized to stay for 90 days. So, after the 90 days, there is a small concern that they cannot prove they are here legally. The proof is the receipt for having appropriately filed for an Adjustment of Status. I advised they copy that reciept and keep the copy handy until the green card is issued.

[bora bora 1]

I would have her carry around her I-94. This way NO official will have any issue with that, and if you are worried about it getting lost, I would make a color photo copy and store it somewhere safe, like a waterproof and fireproof box, never know what can happen, additionally you could scan and then email it yourself like on yahoo or hotmail this way you also have it backed up online.

Sincerely,

Ramos

Her visa should still be valid..right? My husband got his K1 visa in March and it is valid until September.

And then once she has her receipt that she has applied for AOS - that is additional proof.

The K1 visa validity means nothing once you use it because it is a single entry visa. If you are here 90 days after entry and have not married, you are here illegally, no matter how many months later you could have entered.

Once you use a visa to enter a country, your length of authorized stay takes over. Here's a simple practical example for you. When I get a visa to enter China as a visitor January 1, I can use the visa any time in the next 90 days or until March 31. The visa is good for a 30 day stay. If I go to China January 15th, the March 31 date becomes meaningless. I can stay in China until February 14. If I'm there on February 15, I'm illegal.

A (now) spouse who comes on a K1 fiance visa has an I-94 that shows they are authorized to stay for 90 days. So, after the 90 days, there is a small concern that they cannot prove they are here legally. The proof is the receipt for having appropriately filed for an Adjustment of Status. I advised they copy that reciept and keep the copy handy until the green card is issued.

Sounds like a plan. That is what my husband did.

[sailorinaz 0]

Thanks everyone. Yes, I am wondering how I would prove to "The Authorities" i.e. Police, DMV/MVD, Social Security, etc... that she is here legally after the Visa has expired and we are waiting for her AOS approval. How long does it take to get a receipt saying that I submitted the request for adjustment of status? I live in Arizona and we have a lot of illegals here and "they" can be pretty agressive with dealing with illegals. I really appreciate all the replies.