Quick question

[Ju_Dan 0]

Hi all,

My wife entered the US under K1 visa in December, we married within 90 days, and we applied for AOS/AP/EAD about 2 months ago. When my wife first arrived, I put her on the lease to our apartment and my landlord said they'd have to change the lease termination date to match the expiration of her visa (June - 6 months after issuance) and that we could extend the lease once her visa was extended.

We're now approaching June and I need to somehow prove to my landlord that my wife has legal status here (i don't think k-1 visa gets extended). Does anyone know of a simple to understand government website or document that explicitly states that my wife has legal, permanent (or soon to be permanent) status in the U.S. as long as she complied with requirements of K-1 and we're now applying for AOS? I showed the landlord her social security card, but he said he needed to see the new visa. I'm trying to explain that she's becoming a permanent resident and is waiting on greencard but won't be receiving a new visa, but I don't know if he gets it...

Thanks very much!

[baron555 934]

Hi all,

My wife entered the US under K1 visa in December, we married within 90 days, and we applied for AOS/AP/EAD about 2 months ago. When my wife first arrived, I put her on the lease to our apartment and my landlord said they'd have to change the lease termination date to match the expiration of her visa (June - 6 months after issuance) and that we could extend the lease once her visa was extended.

We're now approaching June and I need to somehow prove to my landlord that my wife has legal status here (i don't think k-1 visa gets extended). Does anyone know of a simple to understand government website or document that explicitly states that my wife has legal, permanent (or soon to be permanent) status in the U.S. as long as she complied with requirements of K-1 and we're now applying for AOS? I showed the landlord her social security card, but he said he needed to see the new visa. I'm trying to explain that she's becoming a permanent resident and is waiting on greencard but won't be receiving a new visa, but I don't know if he gets it...

Thanks very much!

She has no legal status except "AOS applied for". She can not work nor return to the US if she leaves. There is no new visa; the only document you have proving she has applied for the legal status (GC) is the NOA1 receipt of application letter. Give the landlord a copy of that. Becoming a permanent resident is in no way guaranteed until the interviewing officer says so.

[Darnell 8,480]

Usually the NOA-1 is 'the notice' that any CBP/ICE agent will 'review', prior to looking up her status on the USCIS computer, to determine 'legal presence in the USA'. Sure, the landlord isn't a ICE agent, but....

So, you gots a NOA-1 yet?

FWIW - the landlord is ignorant - as 'that visa' expired on entry - the 'expiration date' was the last date she could enter the country - it has no 'validity' upon entry - The I-94 document was what gave her some 'status'. Which, I think, is already expired.. (Just saying something obvious).

as to any legalese posting on USCIS web site - I dunno - perhaps there is, perhaps there isn't. IF you took that lease and used it as evidence fodder on the AOS submittal, then you've 'gotten the golden ticket' already - so the landlord's act of 'removing her from the lease' won't affect you, from a USCIS standpoint.

I find it odd that he's tying all into the 'lease termination date', as that date affects your family, much.

Good Luck !

Edited May 19, 2010 by Darnell

[Otto 83]

I'm very suspicious of this landlords legal right to change the lease or even to ask for someone's immigrant status.

[Nik+Heather 122]

OP, if the EAD or GC hasn't arrived in time, you may want to look into the regulations for getting her a driver's license or state ID. Some states (if you dig enough - even Texas has some provisions!) will allow adjustment applicants to get a driver's license valid for 1 year starting with the NOA date. This may also be a good resource for the whole here legally thing (at least from the land lord's perspective), as this will show a list of the valid documents for showing legal status. Of course, only any good if it includes the receipt notice.

I'm very suspicious of this landlords legal right to change the lease or even to ask for someone's immigrant status.

Some states have passed laws which make it illegal to rent to people who are not in the country legally, same as being illegal to employ someone etc. so I'm not surprised.

Edited May 19, 2010 by Nik+Heather