Proof of legal presence in USA

[pa49 0]

Anyone who enters the US by way of a K1 visa does so by way of non-immigrant status. I believe this to be an anomaly which was used at some point to speed up that whole process. (that's a laugh).

However, at what point does our status change to enable us to proof a legal presence in the country.

I have been denied something which should be available to anyone who can prove lawful presence and meet all the other criteria, which i do.

Does anyone know at what point our status stops being non-immigrant?

[epsonderby 85]

I think it all depends on the benefit/service you're trying to apply for. For some thing like SSN, you're not considered non-immigrant, but for things like driving license, you might need to wait until you have something like EAD (state dependent). If it's something like entering a contest, you'll need to wait until you're an LPR.

What is it you applied for? What reason did they specifically give you for being denied it?

[pa49 0]

I think it all depends on the benefit/service you're trying to apply for. For some thing like SSN, you're not considered non-immigrant, but for things like driving license, you might need to wait until you have something like EAD (state dependent). If it's something like entering a contest, you'll need to wait until you're an LPR.

What is it you applied for? What reason did they specifically give you for being denied it?

OK I have my SSN (since three weeks before I-94 lapsed)

EAD/AP card received 1st NOV

Drivers license 2nd Nov

My denial is because of lack of proof of legal presence, but I can't see how i could have much more proof except the green card itself!

My application was to a judge who obviously found my evidence lacking. I get the feeling that my status has been incorrectly assessed and I am considering a challenge, but need to know my grounds.

I can't find any info about how our status tracks through the whole AOS process. It's a very grey area and I really would like to know when I stop being an non-immigrant and become an immigrant.

I'll have to wait until my return to the US to call USCIS, however I bet they don't have a definite answer.

I'd rather not say what the application was for.

[Nich-Nick 3,354]

Anyone who enters the US by way of a K1 visa does so by way of non-immigrant status. I believe this to be an anomaly which was used at some point to speed up that whole process. (that's a laugh).

However, at what point does our status change to enable us to proof a legal presence in the country.

I have been denied something which should be available to anyone who can prove lawful presence and meet all the other criteria, which i do.

Does anyone know at what point our status stops being non-immigrant?

It is non-immigrant because they won't hand out a greencard except to someone married to a USC. To marry, you've got to get into the US first. Easy for you on visa waiver, but not so for those from Mexico or Vietnam for instance. So there is a fiancé visa to get them here to marry. If they don't within 90 days, then they go home with no further entries on that visa.

As a K1, you are just a visitor for 90 days basically as far as having anything else to prove otherwise. Even the NOA1 receipt for AOS doesn't really give a date extension for a specific amount of time. An EAD card has a date and proves you've got 1 year authorized. A greencard is dated and gives you 2 years. K1 is the only visa I know of where you have this limbo period between the I-94 and further dated proof. You won't get deported but you also can't prove with dated documentation that you have legal presence until you get EAD or a greencard.

Edit: didn't see your post while I was replying. You are an immigrant when you are granted a greencard which gives you permanent residence. But an EAD does show you are authorized to stay and work for one year as a non-immigrant.

Edited November 14, 2012 by Nich-Nick

[pa49 0]

It is non-immigrant because they won't hand out a greencard except to someone married to a USC. To marry, you've got to get into the US first. Easy for you on visa waiver, but not so for those from Mexico or Vietnam for instance. So there is a fiancé visa to get them here to marry. If they don't within 90 days, then they go home with no further entries on that visa.

As a K1, you are just a visitor for 90 days basically as far as having anything else to prove otherwise. Even the NOA1 receipt for AOS doesn't really give a date extension for a specific amount of time. An EAD card has a date and proves you've got 1 year authorized. A greencard is dated and gives you 2 years. K1 is the only visa I know of where you have this limbo period between the I-94 and further dated proof. You won't get deported but you also can't prove with dated documentation that you have legal presence until you get EAD or a greencard.

Well, I said I have the EAD/AP card!

I see the posts were close. May be you missed mine?

Edited November 14, 2012 by pa49

[Penguin_ie 5,996]

Are you sure the thing you wanted required only legal presence (which you have, and have proof of), or legal residency (which you won;t ave until greencard approved)?

[pa49 0]

Are you sure the thing you wanted required only legal presence (which you have, and have proof of), or legal residency (which you won;t ave until greencard approved)?

That's a good point and could have been interpreted by the judge as being legally resident.

Georgia law states "alien with legal presence" qualifies.

I think it's not worth making waves and I'll wait for the green card and reapply.

It would appear that the judge considers me to be a non-immigrant alien and they are prohibited in this case.

So when does one achieve immigrant status?

Quote from the application-

"► If you are not a U.S. Citizen:

• you must show proof of name/address/date of birth/INS number/photo ID.

• Identify all countries of citizenship:

• Attach: (a) documentation of your lawful presence in the United States, and

_____

(b) proof of residency in the State of Georgia for at least 90 days."

I can do all this!

Edited November 14, 2012 by pa49

[VanessaTony 3,567]

Well, I said I have the EAD/AP card!

I see the posts were close. May be you missed mine?

they edited their post. You are a non-immigrant until you get your GC. The EAD makes you a "work authorized non-immigrant".

[VanessaTony 3,567]

That's a good point and could have been interpreted by the judge as being legally resident.

Georgia law states "alien with legal presence" qualifies.

I think it's not worth making waves and I'll wait for the green card and reapply.

To be perfectly honest you won't necessarily get a truly correct answer unless you want to say what it's for. But if you're able to wait, then yes, waiting for the GC would be best.

I will assume you're applying for a name change or something. That sounds about right.

[pa49 0]

they edited their post. You are a non-immigrant until you get your GC. The EAD makes you a "work authorized non-immigrant".

Ker-Ching!

That's what I needed to know and sounds right in this case. It would make sense.

Many thanks and now I don't feel as if I've been discriminated against or had an incorrect judges view.

[MIDUVIL 34]

...

Edited November 14, 2012 by MIDUVIL

[pa49 0]

To be perfectly honest you won't necessarily get a truly correct answer unless you want to say what it's for. But if you're able to wait, then yes, waiting for the GC would be best.

I will assume you're applying for a name change or something. That sounds about right.

Nothing to do with my personal details or immigration matters.

Vanessa&Tony cleared it up for me- (sorry didn't see that's you!!)

"non-immigrant until green card issued"

Many thanks to all respondents.

Edited November 14, 2012 by pa49