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

[Logres 0]

Hi All - I've tried to find the answer to this basic question through the guides and site, but can't find it (bet it's here somewhere).......

I entered the US on a K-1 visa (I understand that it is a one-entry visa) on June 13th 2007 and my I-94 expires on September 11th 2007. I have filed I-485/I-765 and received NOA1 with recept date of 18th July 2007. I believe that I have a valid legal presence in the US based on the I-94, but what is my legal status when the I-94 expires next month?

I've searched through the USCIS site and I can't find any information. It looks like persons on related visas can apply for an extension to their non-immigrant status, and that a person who entered on a K-1 visa loses their non-immigrant status on expiration of their I-94.

http://www.uscis.gov/files/article/c1_English.pdf

I have been searching for and can't find any information on any actions that I have to perform for USCIS while my AOS is processing.

Could anyone point me in the direction of whee this information is found on the USCIS site?

Thanks very much for your time

Ed.

[Krikit 1,164]

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

[YuAndDan 153]

The application for adjustment of status (I-485) extends legal presence until a decision on the AOS case is made, during this time you can apply and receive EAD to work while waiting for AOS, as well as AP to travel and return to the USA without a visa.

[L_n_O 3]

out of curiosity, did you apply for SSN?

Edited August 7, 2007 by liz_legend 'n Ol

[Logres 0]

out of curiosity, did you apply for SSN?

[/quote, and received it

Hi Liz, yes...... I applied for a SSN the day after I landed and received the card about 4 weeks after that.

[Caladan 19]

The application for adjustment of status (I-485) extends legal presence until a decision on the AOS case is made, during this time you can apply and receive EAD to work while waiting for AOS, as well as AP to travel and return to the USA without a visa.

This has been on my mind, too, especially when it comes to showing legal presence in order to secure C. a driver's license. Do you know of a link to a memo or a policy that explains this (so I can ready myself for the assault on the DMV)?

[ChristinaM 0]

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.

[Logres 0]

The application for adjustment of status (I-485) extends legal presence until a decision on the AOS case is made, during this time you can apply and receive EAD to work while waiting for AOS, as well as AP to travel and return to the USA without a visa.

This has been on my mind, too, especially when it comes to showing legal presence in order to secure C. a driver's license. Do you know of a link to a memo or a policy that explains this (so I can ready myself for the assault on the DMV)?

No, although it's this issue that got me thinking about the legal presence issue in general.

I think it's up to the local DMV agencies to decide what documents they're willing to accept as proof of legal presence. Here is the relevant policy guideline for Virginia DMV:

http://www.dmv.virginia.gov/webdoc/pdf/dmv141.pdf

Related Topic:

http://www.visajourney.com/forums/index.ph...=81348&st=0

[TracyTN 237]

The application for adjustment of status (I-485) extends legal presence until a decision on the AOS case is made, during this time you can apply and receive EAD to work while waiting for AOS, as well as AP to travel and return to the USA without a visa.

This has been on my mind, too, especially when it comes to showing legal presence in order to secure C. a driver's license. Do you know of a link to a memo or a policy that explains this (so I can ready myself for the assault on the DMV)?

No, although it's this issue that got me thinking about the legal presence issue in general.

I think it's up to the local DMV agencies to decide what documents they're willing to accept as proof of legal presence. Here is the relevant policy guideline for Virginia DMV:

http://www.dmv.virginia.gov/webdoc/pdf/dmv141.pdf

Related Topic:

http://www.visajourney.com/forums/index.ph...=81348&st=0

Agreed. My state will only accept the green card to 'upgrade' from a 'certificate of driving' to a driver's license.

[Yodrak 7]

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.

[Caladan 19]

What's dumb in our case is that while the DMV instructions don't mention anything about it, they wouldn't let C. get the driver's license without proof that we are married.

[maggieNomar 0]

What's dumb in our case is that while the DMV instructions don't mention anything about it, they wouldn't let C. get the driver's license without proof that we are married.

That is dumb. Many people are here legally without being married...K1's who haven't married yet coming to mind. As you know each state has it's own rules. Our state lists the acceptable documents in the driver's guide and in a pamphlet available at their office. Fortunately we had enough of them for my husband to get his permit (until he's scheduled for the drive test).

To the OP: I hope you found the answer you were looking for and can relax now and enjoy your new life here. Welcome.

[Krikit 1,164]

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 7]

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.

[Logres 0]

What's dumb in our case is that while the DMV instructions don't mention anything about it, they wouldn't let C. get the driver's license without proof that we are married.

That is dumb. Many people are here legally without being married...K1's who haven't married yet coming to mind. As you know each state has it's own rules. Our state lists the acceptable documents in the driver's guide and in a pamphlet available at their office. Fortunately we had enough of them for my husband to get his permit (until he's scheduled for the drive test).

To the OP: I hope you found the answer you were looking for and can relax now and enjoy your new life here. Welcome.

Thank you Maggie!! Well I have certainly been welcomed to the US by some hot weather, a little different to London