Jump to content

What is my immigration status? K-1/I-94 Expired, EAD received, AoS in processing.

4 posts in this topic

Recommended Posts

This seems like it should be a simple thing to figure out, but I can't find anything.

I arrived on a K-1 in Dec 2014, was married and applied for EAD/AoS within a few days of arrival.

I received my Employment Authorisation a while ago.

I'm trying to establish California residency for tuition purposes, but (some of) the requirements are that:

- You have been physically present in CA for 1 year and 1 day as of the first day of term.

- You are either a citizen, LPR or are the holder of a valid visa that does not preclude you from establishing residence.

As far as I understand it, I'm not the holder of any visa, as K-1s are valid for what; 6 months?

Does anyone know what my immigration status is? I'm not a LPR until my AoS comes through, but I'm not a visa-holder either as far as I can tell?

Share this post

Link to post
Share on other sites


I'm pretty much in the same situation except I haven't even receive my EAD card yet. Yes we're not LPR yet, and not any visa holder either, but we're still legal to stay until our AOS is approved, as far as I can understand. It's pretty frustrating, I know :(

K-1 Visa
I-129F Sent : 2014-08-20
I-129F NOA1 : 2014-08-27
I-129F NOA2 : 2014-10-29
NVC Received : 2014-11-20
NVC Left : 2014-11-20
Packet 3 Received : 2014-12-04
Packet 3 Sent : 2015-01-09
Packet 4 Received : 2015-01-14
Interview Date : 2015-02-24
Interview Result : Approved!! (L)
Visa Received : 2015-03-02
US Entry : 2015-04-02

Adjustment of Status, EAD & AP
Date Filed : 2015-05-19
NOA Date : 2015-05-21
Bio. Appt. : 2015-06-12

Submitted inquiry regarding EAD : 2015-08-10

Email reply received : 2015-08-12

EAD & AP Approved Date : 2015-08-12

EAD Approval Letter Received : 2015-08-17

Adjustment of Status

Interview Date : 2015-11-06

Approval Date : 2015-11-13 (L) (L) (L)

Greencard Received: 2015-11-16


Removing Condition Petition I-751

Date Filed : 2017-09-26
NOA Date : 2017-10-06
Bio. Appt. : 2017-10-23

Share this post

Link to post
Share on other sites

Yeah, sorry, I don't think you're eligible for in-state tuition until you have a green card.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

Share this post

Link to post
Share on other sites

You are kind of in limbo as an adjustment applicant in a period of authorized stay awaiting permanent residency.

You can always ask the school what exactly they will accept. See if they will allow it with the receipt notice of filing for permanent residency and/or the EAD.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.