What is the status between K1 and waiting for AOS?

[Trutta 103]

Hi. In the US with my was-fiance now-wife, after entering with K1. We're filing for AOS now.

 

It is taking people many months to get AOS after filing. But K1 visa only lasts 3 months. So, here is my question:

 

What status is my wife in after her K1 expires but she is still waiting for AOS?

 

What is the legal basis for remaining in the US with an expired visa while not yet being a permanent resident?

 

I tried google and searching this forum. I couldn't find the answer.

 

Thank you much for your help!

[Dashinka 23,289]

There is no real status other than while awaiting AOS, the immigrant is in a period of forgivable overstay, or authorized overstay.  With the AOS filed and the NOA received from that filing, there should be no issues until the AOS is adjudicated.

 

Good Luck!

[Trutta 103]

Thanks! So if she were to be questioned by law enforcement officer or DHS agent, she would say "I'm authorized overstay"? Sounds weird.

 

Here's another question: How does she apply for a SS# when they require original documents and all SS offices have been entirely closed for 13 months?

[Ayrton 965]

35 minutes ago, Trutta said:

Hi. In the US with my was-fiance now-wife, after entering with K1. We're filing for AOS now.

 

It is taking people many months to get AOS after filing. But K1 visa only lasts 3 months. So, here is my question:

 

What status is my wife in after her K1 expires but she is still waiting for AOS?

 

What is the legal basis for remaining in the US with an expired visa while not yet being a permanent resident?

 

I tried google and searching this forum. I couldn't find the answer.

 

Thank you much for your help!

After 90 days they are out of status. The pending AOS grants them a period of authorized stay until a decision is made. So the difference is that this period doesn't count as unlawful presence for future applications.

[Crazy Cat 39,362]

36 minutes ago, Trutta said:

Hi. In the US with my was-fiance now-wife, after entering with K1. We're filing for AOS now.

 

It is taking people many months to get AOS after filing. But K1 visa only lasts 3 months. So, here is my question:

 

What status is my wife in after her K1 expires but she is still waiting for AOS?

 

What is the legal basis for remaining in the US with an expired visa while not yet being a permanent resident?

 

I tried google and searching this forum. I couldn't find the answer.

 

Thank you much for your help!

Once her I-94 expired after 90 days, she is out of status.  However, once she files a proper I-485 for adjustment of status, she will be granted "authorized stay" until the I-485 is either approved or denied.  "Authorized stay" is not an official immigration status, but it halts unlawful presence.  This site explains it well, imo:  

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

[Crazy Cat 39,362]

6 minutes ago, Trutta said:

So if she were to be questioned by law enforcement officer or DHS agent, she would say "I'm authorized overstay"? 

That is exactly correct....and she can show her I-707 after filing a proper I-485.

Edited April 21, 2021 by Lucky Cat

[Asterix78 27]

44 minutes ago, Trutta said:

Thanks! So if she were to be questioned by law enforcement officer or DHS agent, she would say "I'm authorized overstay"? Sounds weird.

 

Here's another question: How does she apply for a SS# when they require original documents and all SS offices have been entirely closed for 13 months?

To answer your second question, it is true there are no walk-ins but you should be able to schedule an appt with a local SS office and bring her passport, I-94 and filled out SS-5 (application for SSN) and get the SS card in the mail, hopefully only 2 weeks later but could be 2 months, like in our case. Not sure how close she is to her I-94 expiration, so you want to do this asap in order for DHS to approve her legal status. 

[Dashinka 23,289]

33 minutes ago, Asterix78 said:

To answer your second question, it is true there are no walk-ins but you should be able to schedule an appt with a local SS office and bring her passport, I-94 and filled out SS-5 (application for SSN) and get the SS card in the mail, hopefully only 2 weeks later but could be 2 months, like in our case. Not sure how close she is to her I-94 expiration, so you want to do this asap in order for DHS to approve her legal status. 

I would only add that this is valid if there are more than 2 weeks left on the I94 from the K1 entry.  If the I94 has expired then the OP has to wait until they get either their EAD or GC.

[aaron2020 11,651]

2 hours ago, Trutta said:

Thanks! So if she were to be questioned by law enforcement officer or DHS agent, she would say "I'm authorized overstay"? Sounds weird.

 

Here's another question: How does she apply for a SS# when they require original documents and all SS offices have been entirely closed for 13 months?

She answers, "I entered on a K1 fiancee visa, married my US citizen petitioner, and have filed to adjust status.  I am allowed to legally be in the US while my adjustment of status is being processed."

[Adventine 3,187]

13 minutes ago, aaron2020 said:

She answers, "I entered on a K1 fiancee visa, married my US citizen petitioner, and have filed to adjust status.  I am allowed to legally be in the US while my adjustment of status is being processed."

 

I agree, this is close to what I would say if I was in the OP's wife's place, and what I have trained my USC husband to say too Only difference is I entered on a different visa.

 

Otherwise, "authorized stay" is also a good answer. Short and sweet. I'd avoid saying "overstay" as a lot of people don't get the nuances right away.

Edited April 21, 2021 by Adventine

[Trutta 103]

17 minutes ago, aaron2020 said:

She answers, "I entered on a K1 fiancee visa, married my US citizen petitioner, and have filed to adjust status.  I am allowed to legally be in the US while my adjustment of status is being processed."

Thank you. Will this prevent her from being put in the cages with all the children they have locked up? Or will they cage her first, then go look up the law at their own pace?

[Adventine 3,187]

Just now, Trutta said:

Thank you. Will this prevent her from being put in the cages with all the children they have locked up? Or will they cage her first, then go look up the law at their own pace?

 

Is there a specific reason (source, news item, etc) that has led you to believe that this will happen to your wife, who entered the US legally and for whom you have filed all the paperwork for legal residency?

[aaron2020 11,651]

5 minutes ago, Trutta said:

Thank you. Will this prevent her from being put in the cages with all the children they have locked up? Or will they cage her first, then go look up the law at their own pace?

Going overboard there.  She will not be put in a cage.  LOTS of K-1s who have filed to adjust status without any problems. 

[Trutta 103]

1 hour ago, Adventine said:

 

Is there a specific reason (source, news item, etc) that has led you to believe that this will happen to your wife, who entered the US legally and for whom you have filed all the paperwork for legal residency?

Just my basic interactions and observations of the way law enforcement treats brown and foreign born people. Better safe than sorry!

1 hour ago, aaron2020 said:

Going overboard there.  She will not be put in a cage.  LOTS of K-1s who have filed to adjust status without any problems. 

Okay, thank you.