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Monument256 Rookie

Monument256   8

Posted
Filed: K-1 Visa Country: United Kingdom
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Posted

Can anyone point me to the USCIS policy manual or case law that states that once a K-1 visa has expired, and if one has legally got married and filed an adjustment of status application - that they have the right to remain in the USA under a period of authorized stay? I see the mention of authorized stay within the USCIS Chapter 3, Part D; but it doesn’t really clearly define anything. 
 

Asking because we are trying to prove to a governmental agency that my spouse has the right to be in the US after the expiry of his I-94 and because there’s no expiry on the I-797 NOA they won’t accept it. 
 

As a note - he has not yet received an EAD. 

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Crazy Cat Grand Master

Crazy Cat   41,834

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Filed: Citizen (apr) Country: Taiwan
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Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2)) | USCIS

 

image.thumb.png.5b122054c23406248400027159e03485.png

14 minutes ago, Monument256 said:

Asking because we are trying to prove to a governmental agency

What government agency
 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,834

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

Technically, a person who has filed a proper I-485 is in a period of "authorized stay".  However, "authorized stay" is not a legal status, in itself.  It means the person is not accruing unlawful presence.  That person could be "out of status", but in authorized stay.

 

Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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