K1 to AOS - Between immigration statuses?

[LizBogdan 4]

What is my husband's current status? We've been having issues and received questions when showing my husband's entry/exit I-94 form (when requested) at, for example, the DMV and to Health Insurance Marketplace. They sort of freak out when they see the "admit until" date being past due (Aug 24) and assume he's out-of-status or overstayed. 

 

He entered the US on May 27. We married within the required 90 days. We have filed for AOS. We have confirmation from USCIS via NOA/I-797 for the AOS packet.

 

So then what technically is his current status as he seems to be "in between" statuses (K1 and AOS) in most situations?

[SalishSea 18,218]

22 minutes ago, LizBogdan said:

What is my husband's current status? We've been having issues and received questions when showing my husband's entry/exit I-94 form (when requested) at, for example, the DMV and to Health Insurance Marketplace. They sort of freak out when they see the "admit until" date being past due (Aug 24) and assume he's out-of-status or overstayed. 

 

He entered the US on May 27. We married within the required 90 days. We have filed for AOS. We have confirmation from USCIS via NOA/I-797 for the AOS packet.

 

So then what technically is his current status as he seems to be "in between" statuses (K1 and AOS) in most situations?

He is currently in a period of authorized stay pending his AOS.  The AOS receipt that you have confirms this.

 

Some states will not issue driver's licenses until a person has the actual greencard.

 

It should have no impact on the ability to purchase health insurance.  Did you apply for his SSN before marrying?

[powerpuff 6,748]

Technically, he has no legal status. However, he has been granted authorized stay while his AOS is pending. Therefore, he doesn’t accrue unlawful stay.
 

In a lot of states DMV won’t issue a DL until he has an EAD. However, some issue them regardless of immigration status, it just depends on the laws in the state. Not sure why heath insurance is giving you grief about I-94, your husband is qualified to be added to your insurance as marriage is a qualifying life event and he could even be added without SSN. However, you only have a certain amount of time after marrying to qualify for this so keep that in mind. 

[Crazy Cat 42,547]

Once his I-94 expired, he is out of status.  However, once he filed a proper I-485 package, he was granted authorized stay (not a legal status) in the US until the I-485 has been approved or denied.   

This web site explains it pretty well, imo.  

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

Edited September 2, 2021 by Crazy Cat

[LizBogdan 4]

16 hours ago, Jorgedig said:

He is currently in a period of authorized stay pending his AOS.  The AOS receipt that you have confirms this.

 

Some states will not issue driver's licenses until a person has the actual greencard.

 

It should have no impact on the ability to purchase health insurance.  Did you apply for his SSN before marrying?

Yes, we applied for and received his Social Security card.
 

We also were also able to get his drivers license last weekend. I was persistent and had to explain the K-1 visa process (90 days shown on the I 94 and marriage being the fulfillment requirement, etc.) so eventually they did except his “immigration status” with a copy of our marriage license and NOA receipt from USCIS from submitting the AOS packet. 
 

For health insurance I am submitting a written explanation basically outlined the same thing. 
 

My main frustration is having to explain the I 94 confusing “admit until” date. Moving forward I’m going to avoid using that paper when possibly. (We used it at the DMV because it was one of the ID items listed for obtaining the Real ID. Same with showing current immigration status when applying on healthcare marketplace.) It seems to be what’s creating the additional questions and problems. 

[Crazy Cat 42,547]

1 minute ago, LizBogdan said:

Yes, we applied for and received his Social Security card.
 

We also were also able to get his drivers license last weekend. I was persistent and had to explain the K-1 visa process (90 days shown on the I 94 and marriage being the fulfillment requirement, etc.) so eventually they did except his “immigration status” with a copy of our marriage license and NOA receipt from USCIS from submitting the AOS packet. 
 

For health insurance I am submitting a written explanation basically outlined the same thing. 
 

My main frustration is having to explain the I 94 confusing “admit until” date. Moving forward I’m going to avoid using that paper when possibly. (We used it at the DMV because it was one of the ID items listed for obtaining the Real ID. Same with showing current immigration status when applying on healthcare marketplace.) It seems to be what’s creating the additional questions and problems. 

The I-94 has expired.  The documents which explains the situation best, now, is the I-797 (receipt for the I-485).  That shows that he is adjusting status.  

[HRQX 4,145]

On 9/2/2021 at 1:20 PM, LizBogdan said:

What is my husband's current status?

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."