Status waiting for GC

[Caitlin Kennedy 63]

Hi all,

 

My husband and I submitted the green card application and got the texts this week they received the application. My question is, what is my husbands status at this point? Conditional permanent residence? How would my husband prove what his status is right now? Just curious.

[igoyougoduke 1,604]

there is no legal status as such  but he is authorized to stay until petition is adjudicated. 

[Wuozopo 4,285]

6 hours ago, Caitlin Kennedy said:

Hi all,

 

My husband and I submitted the green card application and got the texts this week they received the application. My question is, what is my husbands status at this point? Conditional permanent residence? How would my husband prove what his status is right now? Just curious.

I agree with above. He is pretty much in limbo.  He is not a conditional permanent resident until he is granted a 2-year greencard. That card has conditions on it that are removed via a large packet (application/documentation/fee) before the card expires. 

[Boiler 43,433]

Under color of law. The NOA would be his evidence.

[Caitlin Kennedy 63]

13 hours ago, Boiler said:

Under color of law. The NOA would be his evidence.

Yeah, waiting for that in the mail right now. We got the text but thats it.

[Wuozopo 4,285]

On 6/4/2020 at 9:27 AM, Caitlin Kennedy said:

How would my husband prove what his status is right now? Just curious.

Caitlin, is there a reason you want to prove his status? Who do you need to prove it to? The NOA doesn’t have any wording that gives him status or would prove to the bank, landlord, DMV, police that he has a defined period of time to be in this country once his 90 day entry is up. The NOA 1 is just a receipt that he filed for a benefit.  It has no wording that extends his 90 days.

Edited June 5, 2020 by Wuozopo

[Caitlin Kennedy 63]

1 hour ago, Wuozopo said:

Caitlin, is there a reason you want to prove his status? Who do you need to prove it to? The NOA doesn’t have any wording that gives him status or would prove to the bank, landlord, DMV, police that he has a defined period of time to be in this country once his 90 day entry is up. The NOA 1 is just a receipt that he filed for a benefit.  It has no wording that extends his 90 days.

No, more just curious in-case we had to for some reason. Just curious if someone asked, what is your status, what would that be.

[Wuozopo 4,285]

12 minutes ago, Caitlin Kennedy said:

No, more just curious in-case we had to for some reason. Just curious if someone asked, what is your status, what would that be.

 Oh just say something like waiting on my greencard approval. I was asked by a highway patrol officer when I was in the same position. After that,  I looked extensively and found nothing official from the government saying I was allowed to remain in the US. 

[goldhex 21]

20 hours ago, Wuozopo said:

 Oh just say something like waiting on my greencard approval. I was asked by a highway patrol officer when I was in the same position. After that,  I looked extensively and found nothing official from the government saying I was allowed to remain in the US. 

Off topic but did you manage to get a driver's license before you received your EAD? 

[Wuozopo 4,285]

2 hours ago, goldhex said:

Off topic but did you manage to get a driver's license before you received your EAD? 

I drove on my U.K. license until I got EAD. Also got ticketed for speeding, hence the discussion “Do you live here?” and following on to explaining why I was not allowed a license within the required 30 days. He had no clue about K1 immigration but eventually took my word for it and scratched off the failure to have a TX license charge. It was a brand new policy at that time and he said he was going into the office in the morning to confirm if my story was true. I still had to pay the speeding fine. 
 

it’s a tough time for K1s when yes you are resident, as it all your belongings are here and you are staying here. But no you aren’t anything more than a 90 day visitor based on paperwork you can show. And don’t expect anyone to know what a K1 visa means.

Edited June 6, 2020 by Wuozopo

[goldhex 21]

53 minutes ago, Wuozopo said:

I drove on my U.K. license until I got EAD. Also got ticketed for speeding, hence the discussion “Do you live here?” and following on to explaining why I was not allowed a license within the required 30 days. He had no clue about K1 immigration but eventually took my word for it and scratched off the failure to have a TX license charge. It was a brand new policy at that time and he said he was going into the office in the morning to confirm if my story was true. I still had to pay the speeding fine. 
 

it’s a tough time for K1s when yes you are resident, as it all your belongings are here and you are staying here. But no you aren’t anything more than a 90 day visitor based on paperwork you can show. And don’t expect anyone to know what a K1 visa means.

From the research I've done the whole driving on a K1 issue seems to be such a grey area. What did the officer say when you showed him your British license?

 

Anyways, I'm not gonna worry about it too much until I'm actually there

 

[Lil bear 3,831]

26 minutes ago, goldhex said:

From the research I've done the whole driving on a K1 issue seems to be such a grey area. What did the officer say when you showed him your British license?

 

Anyways, I'm not gonna worry about it too much until I'm actually there

 

For USCIS purposes, you are a non resident alien in a period or lawful or authorised stay while your AOS  is being  processed. Your I 797 (NOA1) is the evidence. 

[Wuozopo 4,285]

1 hour ago, goldhex said:

From the research I've done the whole driving on a K1 issue seems to be such a grey area. What did the officer say when you showed him your British license?

 

He wrote the ticket on the U.K. license. I think the only problem was, he asked if I was visiting and I said I live here. So he wanted to know how long. Which brought up you need a new license within 30 days. I explained I had been to the DMV and also spoken to headquarters in Austin and it was not possible due to the new rules. He was okay with me driving as a visitor and dropped the license offense.
 

 

1 hour ago, Lil bear said:

For USCIS purposes, you are a non resident alien in a period or lawful or authorised stay while your AOS  is being  processed. Your I 797 (NOA1) is the evidence. 

In the real world, showing a NOA1 to a cop on the side of a freeway at midnight is futile rubbish. Same with the teller at the bank or the new landlord. Nobody is versed on K1s. Yes, if you got picked up by ICE, the NOA would be recognisable to them.

[Lil bear 3,831]

59 minutes ago, Wuozopo said:

In the real world, showing a NOA1 to a cop on the side of a freeway at midnight is futile rubbish. Same with the teller at the bank or the new landlord. Nobody is versed on K1s. Yes, if you got picked up by ICE, the NOA would be recognisable to them.

Yes I totally agree. None the less, it’s still the correct description of the OP status, whether or not other agencies understand it . 

[goldhex 21]

4 hours ago, Lil bear said:

For USCIS purposes, you are a non resident alien in a period or lawful or authorised stay while your AOS  is being  processed. Your I 797 (NOA1) is the evidence. 

So why can't you show the I797 at the DMV and get a license?