QUICK QUESTION! Interim visa?!

[nzcali02 0]

Hi! quick question. my fiance (New Zealand citizen) is here on a 129 visa, and we have decided to get legally married at city hall (I am USC), just the two of us, before our wedding with family in October 2017. Before I even start on the paperwork questions that I will have no doubt, is an interim visa issued when the adjustment of status application is received by immigration? He is here on a three-month visa, and has been here for about a month now. I imagine paperwork/medicals/all that jazz is going to take about a month of hard-out working on it, so we would have a month from when it was mailed to when his current visa expires. Would My fiance be considered an overstayer? Or would he receive a temporary visa while they go over his application? Please help! Thanks

[JFH 12,189]

What's a 129 visa? If he's from New Zealand and only there as a tourist did he not use the VWP? Or is he on a K-1 visa?

If he is a tourist and overstays but is married to a USC it will be forgiven. There is no interim visa. He will be out of status (so unable to work, etc) so it's a good idea to start filing the necessary paperwork as soon as you can.

If he's on a K-1 visa then he won't be overstaying as a K-1 is issued to people for the purpose of staying and adjusting status.

[Harpa Timsah 13,258]

Once the adjustment of status package has been accepted then he will begin a new period of authorized stay.