Legal Status during waiting period

[kwreng 0]

Once completing and submitting the AOS package to the USCIS, what legal status is my fiance under while waiting for approvals on EAD and Green Card (AOS)?

The only reason I ask is because we have 5 weeks left on her I-94. Of course wwe will submit our paperwork before the I-(4 expiration.

Thank you!

[Kez/JWolf 6]

Her status will be Adjustment Pending.

[YuAndDan 153]

Status is AOS Pending. When you get I-485 NOA1 letter it is advisable to carry it to prove legal status.

This is a common question: http://www.visajourney.com/forums/index.ph...=178683&hl=

[Jack and Barbara 0]

Status is AOS Pending. When you get I-485 NOA1 letter it is advisable to carry it to prove legal status.

This is a common question: http://www.visajourney.com/forums/index.ph...=178683&hl=

Once the beneficiary of an inital K1 visa (or any visa for that matter) becomes a conditional permanent resident, what benefits does that person gain?

I understand the conditional permanent resident is able to work and travel with the "green card;" if true, does the PR show an unexpired passport and the "green card" when entering the U.S. after a trip?

Also, is there any difference in benefits between a conditional PR vs PR with 10 uyear green card (besides the fact that it lasts longer)?

Thanks

[YuAndDan 153]

Status is AOS Pending. When you get I-485 NOA1 letter it is advisable to carry it to prove legal status.

This is a common question: http://www.visajourney.com/forums/index.ph...=178683&hl=

Once the beneficiary of an inital K1 visa (or any visa for that matter) becomes a conditional permanent resident, what benefits does that person gain?

They may live and work in the USA until LPR status is revoked by USCIS they are an LPR just one with a condition on their continued status, that is that they are still in a bona fide marital relationship after 2 years of conditional residence.

I understand the conditional permanent resident is able to work and travel with the "green card;" if true, does the PR show an unexpired passport and the "green card" when entering the U.S. after a trip?

Yes and no, it depends on where you are traveling, Passport is required to travel to places like Europe, Asia, South America, Africa, and Australia. Passport is also required for air travel to other North American countries (Canada, Mexico, Caribbean). HOWEVER, only a green-card is needed for border crossing into and out of Canada, Mexico, and Caribbean (SHIP). BEEN THERE DONE THAT with Canada.

Also, is there any difference in benefits between a conditional PR vs PR with 10 uyear green card (besides the fact that it lasts longer)?

Explained it above "The condition is that they are still in a bona fide marital relationship after 2 years of conditional residence." and I-751 needs to be filed to remove the conditions.

[HighwayStar 0]

I am one of those who are waiting for their Green Card (filed about 2 weeks ago), and as soon as I got the NOA letter I made a copy of it and put it in my handbag, together with a copy of my marriage certificate (and my passport with visa and I-94, of course). In the unlikely event that someone stops me and questions my status, I'll be able to prove that I am doing everything the legal way.

[nyhazmat 2]

Once completing and submitting the AOS package to the USCIS, what legal status is my fiance under while waiting for approvals on EAD and Green Card (AOS)?

The only reason I ask is because we have 5 weeks left on her I-94. Of course wwe will submit our paperwork before the I-(4 expiration.

Thank you!

Ah, you mean wife at this point don't you?

[Nik+Heather 122]

Status is AOS Pending. When you get I-485 NOA1 letter it is advisable to carry it to prove legal status.

This is a common question: http://www.visajourney.com/forums/index.ph...=178683&hl=

For such a common question, I had a difficult time figuring out what sort of key words would be needed to search for all the threads on it....but I willingly admit that I am a very unlucky keyword user - never can find anything. Anyway, I don't think that your answer (including links) clarifies the implications of the question asked....

So, if the status is "AOS Pending" what does that mean? I understand that having filed for the AOS gives you "legal status" to remain in the country...but I don't understand what else. When is the line from temporary, non-immigrant visa status to actual resident passed?

For example:

1. Can the USC file taxes as a married couple if the foreign spouse doesn't have an EAD yet?

- Would the foreign spouse need an SSN for that?

2. I read a driver's license thread yesterday (also can't seem to find - followed a link off the home page) where it seemed to be pretty unclear what this pending status supposedly means. Are you a resident of the state (and needing to get a state driver's license) or still a temporary visitor?

Are there other distinctions between pending AOS and PR that I'm missing?

I'm sorry if you feel like you've answered these questions a ton of times, but I really DID try searching, but couldn't find the right keywords to narrow down the results...

Edited February 21, 2009 by Nik+Heather

[rebeccajo 14]

Well, an alien with a pending adjustment application really doesn't have a legal status. At least, not so far as you can find a name for it within the code.

The INA allows for any alien with a pending application before the Service to remain in the country until a decision is rendered on that application.

Once an alien has been issued a work document, they have permission to legally work in the US. Work documents allow the Social Security Administration to issue SS numbers to aliens. (K1 is defined in the INA as a work authorized, so if you get onto it shortly after you enter the country, the SS Administration will give you a number before you have a work document).

Insofar as driving is concerned, different states have different requirements as to what documents they will need to see before they issue a license. The state wherein I live will only issue a license or ID with an official document from the Service (such as an EAD or a greencard) and will then only issue the license for the duration of the Service document.

Foreign spouses can file taxes with a USC if they possess either a ITIN number or a SS number.

And for the record, a CPR (conditional permanent resident) has all the rights of a permanent resident. The only stipulation on their residency is they file to have those conditions removed two years after the card is issued.