Technical question

[MHandMB 0]

Ok, I am kind of confused on something, and am hoping that you all can enlighten me, as you have done so helpfully in the past.

Once married, after filing for AOS, but before it is granted, is there any paperwork or visa that you will have in order to prove your status? For instance, if my fiance and I wanted to go travelling somewhere after we were married, but before he has is Permanent Residence card, what would he have to prove his legal status in the US other than the Advance Parole document? It looks like the immigration office where I live is 2 years behind in processing AOS, and chances are, we're going to want to go visit my fiance's brother in Europe before we get our LPR card or green card. However, as an Algerian, my fiance needs a visa to travel to Europe, and on the visa applications, it asks for proof of a long-term visa to the US. Isn't the K visa itself only good for 90 days after entry? So, once 90 days have passed, the visa is technically invalid, right? So, showing that visa doesn't really do anything, right?

I know he'll have a legal right to be here, and the AP will be proof that he can return, but is there anything else we could provide to show that he has residency here in the US?

I know I am jumping the gun, but I just found out about the backlog at my local service center, and I didn't think it would be two or 3 years before FI and I could travel together. I knew we'd have to jump through some hoops, but now that I am looking at the reality, it's a little disheartening. It's certainly not the most important thing in this whole process, but it is a little disappointing nonetheless.

Thanks for any help you can give, as always!

[pri 0]

i wldnt be much help here but would suggest you to call the embassy of the country tht u are visiting and explain them, there sure should be someway out of this.. goodluck and post to let us know if you find out smthng

[Kez/JWolf 6]

The AP is proof of his status for traveling abroad.... I dont know about him getting visas to enter other countries... sorry

Kezzie

[chuckandkim 0]

My experience: We will travel to Australia this Holiday to visit her sibblings. Kim will need a Visa issued to her, since she is a Vietnam national, which does not have VWP with AU. To return, since she has her GC already, that's not a problem.

In your case, I assumed your husband is an Algeria National, he will need to apply for a Visa from the country in Europe where you two will be visitting. Unless it is Algeria. As for proof of his LEGAL status here in the US or for ID purpose and to avoid carrying his Passport everywhere he goes, go to your local DMV and apply for a "STATE ID" Card. For legal resident status, his passport, US VISA issued by the Embassy in Algeria, I-94, and the Receipt of AOS (NOA1) would be sufficent. To return to the US after his visit, he will only need his valid passport, his AP document and prepared to answer a lot of questions by the CBP Officer at the POE.

Hope this helps...

[ChristinaM 0]

You will have no proof of "residency", because whilst he is pending AOS he does not yet have permanent residency, although one could argue that he has temporary residency. Things like an EAD and AP prove that he has the right to enter the US and work here, but as far as they go for getting a visa for an EU country based on US residency, he might be out of luck.

Edited April 4, 2006 by clmarsh

[Kajikit 65]

All you could do is to show them his EAD and his AP and his NOA1 for the AOS... (boy, that's a lot of acronyms for one sentence!)

Also, you may not have to wait two years for his greencard... a lot of applications have been (and are still being) transferred to California for rapid processing, and once you're transferred it only takes about three months to get approved. My service center has a two year+ backlog but I was transferred and ended up with my greencard in hand 10 months after we applied for it.