Entered K-1, Now Married... Am I A Qualified Alien or Non-Immigrant?

[manny5512 0]

Hey guys,

I entered the USA through a K-1 Visa and have been married since March 30, 2012. We sent out my AOS in July (took awhile since we decided to go see a civil surgeon) and currently awaiting my green card. I do have my NOA1 for my AOS, had my biometrics done recently, and my application has since been transferred to California Service Center for processing. Anyway, I'm applying to take my NCLEX Nursing Exam and one of the questions on the application states that I have to choose one...

SECTION A: LAWFUL PRESENCE IN UNITED STATES.

1. I am a United States citizen or legal permanent resident eighteen years of age or older.

2. I am not a US citizen but am lawfully present in the US as evidenced by one of the following:

a. I am a qualified alien as defined in 8 U.S.C. sec 1641, eighteen years of age or older.

b. I am a nonimmigrant under the “Immigration and Nationality Act,” Federal Public Law 82-414 as amended, eighteen years of age or older.

3. I am not physically present in the US under 8 U.S.C. sec 1621 © (2) © or employed in the US pursuant to 8 U.S.C. 1621 © (2) (a)

I'm currently in limbo since my AOS is still processing, so I really don't know what to choose... please help! Thanks!

[Anh map 2,098]

I would suggest #1 unless you need to supply a GC

[manny5512 0]

I would suggest #1 unless you need to supply a GC

Ha, next question on the application ask for:

SECTION B: SECURE AND VERIFIABLE DOCUMENT.

1. Please check one of the following acceptable secure and verifiable documents. Complete documentation must be provided upon request only.

Any South Carolina Driver License, South Carolina Driver Permit or South Carolina Identification Card, expired less than one year.

Out-of-state issued photo Driver's License or photo identification card, photo driver’s permit expired less than one year. State:

Valid Temporary Resident Card

Certificate of Naturalization with intact photo

Certificate of (US) Citizenship with intact photo

Other: (Name of verifiable document)

2. Enter the state or the federal agency name where this secure and verifiable document was issued. (If issued by a state agency, include both the state and agency name.)

3. What is the secure and verifiable document number?

4. What is the expiration date of your secure and verifiable document? (MM/DD/YYYY) (If you hold a document without an expiration date, such as a military ID or naturalization certificate, write N/A.)

Should I just just send them my NOA1 as proof? Actually, when we went to the Board of Nursing they looked at my papers and told me everything looks good and to simply upload scans of my k-1 visa in my passport, my NOA1 for my AOS, and my marriage and birth certificate... i guess im just trying to be extra careful.

[Krikit 1,164]

Moving from K-1 Process to General Immigration Discussion.

[amykathleen2005 441]

Ha, next question on the application ask for:

SECTION B: SECURE AND VERIFIABLE DOCUMENT.

1. Please check one of the following acceptable secure and verifiable documents. Complete documentation must be provided upon request only.

Any South Carolina Driver License, South Carolina Driver Permit or South Carolina Identification Card, expired less than one year.

Out-of-state issued photo Driver's License or photo identification card, photo driver's permit expired less than one year. State:

Valid Temporary Resident Card

Certificate of Naturalization with intact photo

Certificate of (US) Citizenship with intact photo

Other: (Name of verifiable document)

2. Enter the state or the federal agency name where this secure and verifiable document was issued. (If issued by a state agency, include both the state and agency name.)

3. What is the secure and verifiable document number?

4. What is the expiration date of your secure and verifiable document? (MM/DD/YYYY) (If you hold a document without an expiration date, such as a military ID or naturalization certificate, write N/A.)

Should I just just send them my NOA1 as proof? Actually, when we went to the Board of Nursing they looked at my papers and told me everything looks good and to simply upload scans of my k-1 visa in my passport, my NOA1 for my AOS, and my marriage and birth certificate... i guess im just trying to be extra careful.

I would submit either an EAD card if you can get one before you submit this or just an I94. This is a tricky one!

[Harpa Timsah 13,258]

Hey guys,

I entered the USA through a K-1 Visa and have been married since March 30, 2012. We sent out my AOS in July (took awhile since we decided to go see a civil surgeon) and currently awaiting my green card. I do have my NOA1 for my AOS, had my biometrics done recently, and my application has since been transferred to California Service Center for processing. Anyway, I'm applying to take my NCLEX Nursing Exam and one of the questions on the application states that I have to choose one...

SECTION A: LAWFUL PRESENCE IN UNITED STATES.

1. I am a United States citizen or legal permanent resident eighteen years of age or older.

2. I am not a US citizen but am lawfully present in the US as evidenced by one of the following:

a. I am a qualified alien as defined in 8 U.S.C. sec 1641, eighteen years of age or older.

b. I am a nonimmigrant under the “Immigration and Nationality Act,” Federal Public Law 82-414 as amended, eighteen years of age or older.

3. I am not physically present in the US under 8 U.S.C. sec 1621 © (2) © or employed in the US pursuant to 8 U.S.C. 1621 © (2) (a)

I'm currently in limbo since my AOS is still processing, so I really don't know what to choose... please help! Thanks!

I looked up the laws and I believe you can choose 2A.

8 USC 1641 says

"(b) Qualified alien

For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is—

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101" http://www.law.cornell.edu/uscode/text/8/1641

and 8 USC 1101 (the code referenced therein) says

K (ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154 (a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151 (b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa http://www.law.cornell.edu/uscode/text/8/1101

Now, I am interpreting "lawfully admitted for permanent residence" to mean that the person has not yet obtained the permanent residence, and I interpret the "seeks to enter the US to await approval of such petition and the availability of the alien of an immigrant visa" to mean the person is already in the US and awaiting approval of a GC, because you don't wait in the US for a visa (incorrect there), and this whole law is about legally present aliens, so I don't see how "seeks to enter" is relevant here. I think they mean "seeks to enter residence status." Any differing interpretations?

[VanessaTony 3,567]

I looked up the laws and I believe you can choose 2A.

8 USC 1641 says

"(b) Qualified alien

For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is—

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101" http://www.law.cornell.edu/uscode/text/8/1641

and 8 USC 1101 (the code referenced therein) says

K (ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154 (a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151 (b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa http://www.law.cornell.edu/uscode/text/8/1101

Now, I am interpreting "lawfully admitted for permanent residence" to mean that the person has not yet obtained the permanent residence, and I interpret the "seeks to enter the US to await approval of such petition and the availability of the alien of an immigrant visa" to mean the person is already in the US and awaiting approval of a GC, because you don't wait in the US for a visa (incorrect there), and this whole law is about legally present aliens, so I don't see how "seeks to enter" is relevant here. I think they mean "seeks to enter residence status." Any differing interpretations?

Agreed. Was going to say the same

You are most definitely NOT #1, you do seem to fit 2A though.

[manny5512 0]

Agreed. Was going to say the same

You are most definitely NOT #1, you do seem to fit 2A though.

Yep, thank you guys!

I decided to put 2a, which was sufficient enough since they gave me authorization to take my NCLEX exam. The Board of Nursing followed up later and told me that once I passed the NCLEX, I will need to provide them a copy of my green card or EAD card, plus a SC driver's license or ID to show SC residency.

[JimVaPhuong 4,863]

I looked up the laws and I believe you can choose 2A.

8 USC 1641 says

"(b) Qualified alien

For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is—

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101" http://www.law.cornell.edu/uscode/text/8/1641

and 8 USC 1101 (the code referenced therein) says

K (ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154 (a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151 (b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa http://www.law.cornell.edu/uscode/text/8/1101

Now, I am interpreting "lawfully admitted for permanent residence" to mean that the person has not yet obtained the permanent residence, and I interpret the "seeks to enter the US to await approval of such petition and the availability of the alien of an immigrant visa" to mean the person is already in the US and awaiting approval of a GC, because you don't wait in the US for a visa (incorrect there), and this whole law is about legally present aliens, so I don't see how "seeks to enter" is relevant here. I think they mean "seeks to enter residence status." Any differing interpretations?

"Lawfully admitted for permanent residence" means entered the US with an immigrant visa, or has adjusted status to permanent resident.

[Harpa Timsah 13,258]

"Lawfully admitted for permanent residence" means entered the US with an immigrant visa, or has adjusted status to permanent resident.

But why, therefore, is there a differentiation between the above category and Permanent Resident?

[Kajikit 65]

Sounds like the distinction is whether you have your 10-year green card yet, or you're still in process.