Status after K1, but before approved I-485

[Kurt and Kristina 72]

My apologies if this has been covered, I searched but unable to locate anything...

 

What is the status of a k1 visa holder after they are married and have filed for adjustment of status (all within the original 90 days) but have do not have an approved I-485.

Technically, the K1 visa is no longer valid or will expire within the 90 days.

I ask because the state I am in (Idaho) says they can't issue an ID card or DL unless there is lawful status.

The Idaho DMV states that once the party is married, the K1 is no longer valid and are unable to do anything until the green card is issued.

Thanks,!

[powerpuff 6,613]

Topic moved from K1 forum to Moving to America forum where DL issues are discussed.

 

Technically, they do not have a status but a pending I-485 grants them an authorized stay until it is adjudicated.

 

Many states do not issue IDs or DLs based on a pending I-485. You will have to wait until EAD or GC to apply. 

[Kurt and Kristina 72]

Very helpful. thanks!

[JeanneAdil 6,427]

K1 is one time entry visa

as soon as he is in US ,  the visa has been used

 

This is one of the reasons spouse visa is the better choice

 

but congratulations on your successful immigration journey

[TBoneTX 45,063]

The precise status is "applicant for adjustment," or, more concisely, "adjustment applicant."

 

Years ago, I had the same question as you, so I asked a helpful immigration lawyer.

 

During these awkward stages, it's best that the immigrant keep a copy of the most recent documentation in his/her immigration journey:

  -- before AOS, keep copy of the AOS cover-letter or first application page sent to USCIS

  -- after that, keep the NOA1 (for whichever piece of the process is acknowledged first)

  -- after that, green card

  -- after that, green card + cover-letter or first application page for ROC

  -- after that, NOA1 for ROC

  -- after that, next green card

[Kurt and Kristina 72]

Wow. That was an amazing answer.  Thank you for taking the time to explain this. It is very appreciated ❤️

[TBoneTX 45,063]

You're welcome, and that's what I (and we all) are here for.

 

I remember one time when Mrs. T-B. (then in your status) ran into a CBP agent who asked her status.  She said, "adjustment applicant."  The CBP agent was briefly taken aback but then was quite satisfied with the answer.  It would have been even cooler had she whipped out the supporting paper to hand the guy.   

[Kawika & Michelle 108]

My wife is in the same status right now. For what it's worth...we took the advice of the group & got her a SSN before she was married. We got the SS card issued. We went back to the SS Administration to have her SS card updated with her married name, but because we attempted to do about a week or two prior to her K1 VISA due date they would not issue a new SS card. They told us that we would have to wait until her green card was issued before we could update her SS card. It seems that had we made the time to get to the SS Administration 3+ weeks prior to her K1 VISA due date...then they would have just issued her a new SS card with her married name. Hopefully this helps someone out there.

[Kurt and Kristina 72]

Thank you that’s some really good information. We got married about a month into the K-1 visa so we were able to get a Social Security card in her maiden and now in her married name. We were also able to get a state issued ID card in her maiden and married name the only differences it expires when her Visa expires and she will not be able to get a new ID card or drivers license until her adjustment of status is complete. I’m not concerned about her being approved for the adjustment of status. It’s just this awkward interim. Thanks for sharing your story, I appreciate it . 

[TBoneTX 45,063]

On 9/15/2023 at 8:40 PM, TBoneTX said:

it's best that the immigrant keep a copy of the most recent documentation in his/her immigration journey

To add to my answer above:  Early in our process, I asked a CBP agent the circumstances under which CBP could detain someone.  She said, "For as long as it takes for us to identify who you are and your status."  It was this answer that caused me to want to make it easy for them to identify Mrs. T-B. -- and easy for us to be released by CBP.