what is my status before getting EAD?

[Minky 0]

i came to the US with K1 visa last novemeber.

i finally applied for the I-485, EAD, and stuff before the visa got expired.

since there was some mistake and the EAD started processing in march, it's still pending after my files got transferred to CA in April.

i called the USCIS office to ask how long it usually takes, and they said 3-4 months for EAD, 6-12 months for the green card.

is this true?

so, now my K-1 visa got expired, and i don't have any kind of ID, except the SSN card that i got before the visa expired.

in this case, what is my status in this country? and is there anything i can do socially?

(like.. getting drivers lisence?)

and on my SSN card, it says "valid for work only with DHS authorization". what does this mean?

by the way, i'm in Ohio.

[Darnell 8,478]

Sorry, Visa Expired when you came into the USA. The 'Visa Expiration Date' is the last date you can enter USA.

The I-94 expiration date was also important (you married prior to that expiration date, right ? )

Since you applied for AOS, and have not received any greencard -

your status is 'Applied for AOS'.

Socially? Well, some consider 'cooking for your husband or washing clothes' to be 'social'.

Good Luck !

Edited May 27, 2010 by Darnell

[payxibka 10,045]

i came to the US with K1 visa last novemeber.

i finally applied for the I-485, EAD, and stuff before the visa got expired.

since there was some mistake and the EAD started processing in march, it's still pending after my files got transferred to CA in April.

i called the USCIS office to ask how long it usually takes, and they said 3-4 months for EAD, 6-12 months for the green card.

is this true?

so, now my K-1 visa got expired, and i don't have any kind of ID, except the SSN card that i got before the visa expired.

in this case, what is my status in this country? and is there anything i can do socially?

(like.. getting drivers lisence?)

and on my SSN card, it says "valid for work only with DHS authorization". what does this mean?

by the way, i'm in Ohio.

Officially your status is still that of K-1 (you have not adjusted to anything else yet) but some would say that you are an applicant pending adjustment of status (or something to that effect)

You probable CANNOT get a DL

On your SSN simply means when you work you need to show an additional document proving your work authorization (ie... EAD card)

[w8inglongtime 29]

i came to the US with K1 visa last novemeber.

i finally applied for the I-485, EAD, and stuff before the visa got expired.

since there was some mistake and the EAD started processing in march, it's still pending after my files got transferred to CA in April.

i called the USCIS office to ask how long it usually takes, and they said 3-4 months for EAD, 6-12 months for the green card.

is this true?

so, now my K-1 visa got expired, and i don't have any kind of ID, except the SSN card that i got before the visa expired.

in this case, what is my status in this country? and is there anything i can do socially?

(like.. getting drivers lisence?) Your status is "pending". Which means you are legal until a final decision is made to either approve or deny your application.

and on my SSN card, it says "valid for work only with DHS authorization". what does this mean? It means you need EAD or a Green card to work.

by the way, i'm in Ohio.

PS/ You can use your EAD to get a drivers lisence.

Edited May 27, 2010 by w8inglongtime

[Rebecca Jo 1,962]

You don't have a legal status as defined in the INA. Not a status with a name anyway.

You were a K-1 entrant. At this point this means you legally entered the US with inspection. You have now married a US citizen. Both your method of entry and the marriage make you eligible to adjust your status to that of permanent resident.

As you have filed to adjust your status, that pending application allows you to legally stay in the United States until a decision is rendered on that application.

[Minky 0]

then, can i apply for medicaid for pragnent or anything like that?

should i just wait for like 6-12 months, as they said..? T_T

[w8inglongtime 29]

then, can i apply for medicaid for pragnent or anything like that?

should i just wait for like 6-12 months, as they said..? T_T

I don't know about that. You don't want to start off by being a public charge even before you get a green card. Your husband promised the government he was going to take care of you (affidavit of support) that means you won't need help from the government. Medicaid is a government run programme so you may want to atleast wait till you get your green card before thinking about applying for any assistance.

[Rebecca Jo 1,962]

I don't know about that. You don't want to start off by being a public charge even before you get a green card. Your husband promised the government he was going to take care of you (affidavit of support) that means you won't need help from the government. Medicaid is a government run programme so you may want to atleast wait till you get your green card before thinking about applying for any assistance.

Emergency Medicaid for a pregnancy is not a means tested benefit.

[w8inglongtime 29]

Emergency Medicaid for a pregnancy is not a means tested benefit.

You don't think uscis will see that negatively? Ofcourse she will not be denied medical attention in the U.S but if she files for it, doesn't it negate the affidavit of support in a way. That is the tricky part since she isn't in the clear yet when it comes to USCIS. I'm in no way suggesting she goes into labor without any form of insurance if she has no option. I'm just looking at it purely from a AOS point.

[Rebecca Jo 1,962]

You don't think uscis will see that negatively? Ofcourse she will not be denied medical attention in the U.S but if she files for it, doesn't it negate the affidavit of support in a way. That is the tricky part since she isn't in the clear yet when it comes to USCIS. I'm in no way suggesting she goes into labor without any form of insurance if she has no option. I'm just looking at it purely from a AOS point.

It is not a means tested benefit. No it will not be viewed negatively.

[w8inglongtime 29]

It is not a means tested benefit. No it will not be viewed negatively.

Good to know.