How am I legally present in the US when I-94 (based on K-1) expires?

[Logres 0]

Krikit,

Not necessarily wrong, possibly just sloppy with their use of language - like many VJers who often fail to clearly distinguish between having an application approved and merely having submitted the application.

Whether sloppy or wrong the end result is the same for a reader who is mislead by the information, which is why I am so picky about use of language. What a person knows in their head makes little difference if what they say or write comes out differently.

Yodrak

Nothing "technical" about it, the distinction is very important - a person pending adjustment of status is not a legal resident. Legal residency comes with the approval of the application to adjust status, not with the filing of the application.

Yodrak

Hi Ed. Your status is legal resident pending adjustment of status.

Well, technically he's not a "legal resident pending adjustment", he is a "K1 non-immigrant pending adjustment to permanent resident status". It's a subtle difference, but potentially important.

Thanks for the clarification. The problem is that both the DMV and an officer at the border told me this. Guess they're wrong too.

Yodrak

Thanks for your post, I agree that using the jargon correctly is crucial during the whole of the immigration process. The whole thing is wrapped in subtleties.

-So at this point (prior to my I-94 expiring and the AOS application pending) I have a 'K-1 non-immigrant' status. If I had to prove to an official that I have legal presence here I would need to show my passport and valid I-94 ONLY?

-In the future (subsequent to my I-94 expiring and the AOS application pending) I have a 'K1 non-immigrant pending adjustment to permanent resident' status. If i had to prove to an official that I have legal presence here I would need to show my passport, expired I-94 and NOA1 ONLY?

So you don't think my non-immigrant status expires with the I-94?

Do you know where these subtleties are defined on the USCIS site? or in the FR site? From everything I've seen I'm sure you're spot on, but it would be reassuring to have a copy of the ruling to hand.

Thanks for your help!

Ed.

[John & Annie 0]

Krikit,

Not necessarily wrong, possibly just sloppy with their use of language - like many VJers who often fail to clearly distinguish between having an application approved and merely having submitted the application.

Whether sloppy or wrong the end result is the same for a reader who is mislead by the information, which is why I am so picky about use of language. What a person knows in their head makes little difference if what they say or write comes out differently.

Yodrak

Nothing "technical" about it, the distinction is very important - a person pending adjustment of status is not a legal resident. Legal residency comes with the approval of the application to adjust status, not with the filing of the application.

Yodrak

Hi Ed. Your status is legal resident pending adjustment of status.

Well, technically he's not a "legal resident pending adjustment", he is a "K1 non-immigrant pending adjustment to permanent resident status". It's a subtle difference, but potentially important.

Thanks for the clarification. The problem is that both the DMV and an officer at the border told me this. Guess they're wrong too.

Yodrak

Thanks for your post, I agree that using the jargon correctly is crucial during the whole of the immigration process. The whole thing is wrapped in subtleties.

-So at this point (prior to my I-94 expiring and the AOS application pending) I have a 'K-1 non-immigrant' status. If I had to prove to an official that I have legal presence here I would need to show my passport and valid I-94 ONLY?

-In the future (subsequent to my I-94 expiring and the AOS application pending) I have a 'K1 non-immigrant pending adjustment to permanent resident' status. If i had to prove to an official that I have legal presence here I would need to show my passport, expired I-94 and NOA1 ONLY?

So you don't think my non-immigrant status expires with the I-94?

Do you know where these subtleties are defined on the USCIS site? or in the FR site? From everything I've seen I'm sure you're spot on, but it would be reassuring to have a copy of the ruling to hand.

Thanks for your help!

Ed.

Close.

You would show the K1 and the I-94 to show legal entry.

You would show a copy of the marriage certificate to show you fulfilled the requirements of the entry visa, and you could should proof of filing to adjust status for your intention to remain.

[John & Annie 0]

too add on:

If you look in the redacted Field Adjudicators Manual (on USCIS website) you will find that the requirements to adjust are quite simple.

Mostly it is that you entered the country legally and that you filed a correct application or petition.

[Yodrak 7]

Ed,

My understanding is that your K1 non-immigrant status expires when your authorized period of stay, as indicated on the I-94, expires.

After your I-94 has expired, as long as you have an I-485 submitted and pending a decision you are legally (i.e. entitled by law) to be present in the USA. And you are a non-immigrant.

Yodrak

.....

-So at this point (prior to my I-94 expiring and the AOS application pending) I have a 'K-1 non-immigrant' status. If I had to prove to an official that I have legal presence here I would need to show my passport and valid I-94 ONLY?

-In the future (subsequent to my I-94 expiring and the AOS application pending) I have a 'K1 non-immigrant pending adjustment to permanent resident' status. If i had to prove to an official that I have legal presence here I would need to show my passport, expired I-94 and NOA1 ONLY?

So you don't think my non-immigrant status expires with the I-94?

Do you know where these subtleties are defined on the USCIS site? or in the FR site? From everything I've seen I'm sure you're spot on, but it would be reassuring to have a copy of the ruling to hand.

Thanks for your help!

Ed.

[Logres 0]

Thanks John/Annie and Yodrak et al........ I was hoping to find something a little more official - I guess this shows that if a clear document exists, it is anything but readily available. Good luck to one and all! Ed.

[RosaMystica7 0]

Well, to go along these lines... say a cop pulls me over while I'm driving and hubby's in the car, and the cop asks us both for ID. I show them my driver's license, and hubby shows his passport. If the cop happens to notice that the K-1 visa says it expired on August 1st and the I-94 date is expired too, I would imagine that he'd assume hubby's illegal? So then how do we convince the cop he's not illegal? Carry around the AOS NOA1 along with his passport, explain it all to him, and hope he believes it? I'm not familiar with police training so maybe they learn about this immigration stuff?

[garya505 2]

Krikit,

Not necessarily wrong, possibly just sloppy with their use of language - like many VJers who often fail to clearly distinguish between having an application approved and merely having submitted the application.

Whether sloppy or wrong the end result is the same for a reader who is mislead by the information, which is why I am so picky about use of language. What a person knows in their head makes little difference if what they say or write comes out differently.

Yodrak

Nothing "technical" about it, the distinction is very important - a person pending adjustment of status is not a legal resident. Legal residency comes with the approval of the application to adjust status, not with the filing of the application.

Yodrak

Hi Ed. Your status is legal resident pending adjustment of status.

Well, technically he's not a "legal resident pending adjustment", he is a "K1 non-immigrant pending adjustment to permanent resident status". It's a subtle difference, but potentially important.

Thanks for the clarification. The problem is that both the DMV and an officer at the border told me this. Guess they're wrong too.

You got it! Words mean things. The problem is that they mean different things to different people.

[Logres 0]

Well, to go along these lines... say a cop pulls me over while I'm driving and hubby's in the car, and the cop asks us both for ID. I show them my driver's license, and hubby shows his passport. If the cop happens to notice that the K-1 visa says it expired on August 1st and the I-94 date is expired too, I would imagine that he'd assume hubby's illegal? So then how do we convince the cop he's not illegal? Carry around the AOS NOA1 along with his passport, explain it all to him, and hope he believes it? I'm not familiar with police training so maybe they learn about this immigration stuff?

Seeing as a lot of the USCIS staff on the 'helpline' don't seem to be overly familiar with immigration matters, I'm guessing that the police are not heavily informed on the subject.

It would be nice to have something a little moer concrete..........

[gayle 0]

I am married and waiting for the AOS. Once married I went with my marriage certificate to the SSN office and to the DMV (NJ) and both told me I cannot get either without providing residence status here.

I asked my lawyer if I am able to drive here on my UK licence and she told me that I can't do anything till I have been approved.

I needed to get an international licence before leaving the UK (which i had no idea about) and now I am considered unlicenced - can anyone help clarify if this is really correct - I can't see any information about what my status is while waiting for my AOS - I don't think I am a legal resident yet!

please help!