Gary Morrison

meauxna wrote:

    > Gary, it's terminology--in immigrationlandia, it's very specific.
    >
    > A K-1 visa allows the bearer to enter the US one time. The 'visa'
    > is now done.
    >
    > The person now has K-1 status. They apply to *Adjust* their Status (not
    > change). This is commonly called AOS. the status they are adjusting to
    > is called Permanent Resident. A PR gets a card called a Green Card as
    > evidence of their status.
    > When the PR gets a Green Card based on a new marriage, they have
    > 'conditions' on their status. After two years as a PR, they apply to
    > have the condition removed (use form I-751). They are still a PR the
    > whole time, and they have a Green Card they whole time.

OK, that agrees with what I understood to be the case. Thanks for
confirming that.

Refining this further, I also understood the CIS to say that we must not
only get married but also complete the AOS within 90 days of entering
the country. Is that indeed correct?

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ian-mstm

There is no hard and fast rule that requires you to file the paperwork within those 90 days. However, if you do not file within those 90 days, then you are effectively out of status for the period of time between the 90th day and the day USCIS accepts your application. Once your application is accepted, your status becomes "pending AOS" and that status will endure until a decision is made on the adjustment regardless of how long that takes.

Now, is it a big deal to be out of status in that interm period following the 90th day? No, because you are still in the country legally and remain under "color of law"... meaning, as I understand the phrase, that if push comes to shove, you can demonstrate your good faith intentions and officials can not deprive you of your rights. I'll leave it to the legal eagles to define this properly if I've misunderstood the meaning of the phrase.

Ian

Gary Morrison

ian-mstm wrote:

    > There is no hard and fast rule that requires you to file the paperwork
    > within those 90 days. However, if you do not file within those 90 days,
    > then you are effectively out of status for the period of time between
    > the 90th day and the day USCIS accepts your application. Once your
    > application is accepted, your status becomes "pending AOS" and that
    > status will endure until a decision is made on the adjustment regardless
    > of how long that takes.

OK, so then, although it would be desirable for it to be granted within
that time frame, we are only strictly required to have filed the status
change within that time frame.

Thanks a bunch!

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Just Jenney

That's incorrect. Take our experience as an example:

March 24, 2003 - Mark got his K1 visa
May 29 -- Mark entered the US on his K1 visa
June 17 -- Mark applied for his SSN
June 18 -- We married!
June 20 -- Mark got his SSN card in the mail (FAST!)
August 26 -- Mark's K1 status expired
October 15 -- We filed for AOS and EAD
Early February 2004 -- Got EAD approval notice and AOS interview appointment letter
February 20 -- Mark did his biometrics and got his EAD
June 3, 2004 -- AOS interview successful, Mark gets his conditional green card in the mail 3 weeks later

In April 2006, we applied to have the conditions removed from Mark's PR status, and that was approved July 28th. He went for biometrics on August 17 and now is just waiting for his 10-year green card to arrive in the mail.

~ Jenney

ian-mstm

No, you are "strictly required" only to marry within the time frame. If you do not marry within 90 days of entering the US, you become immediately removable. You are not "strictly required" to file for a change of status within those 90 days.

Ian

Just Jenney

The reason behind the confusion is your use of the word "visa". A visa is only used to enter the US. Once you're in the US, you don't deal with visas anymore. So if USCIS told you that your fiancee will have to apply for another visa once you've married in order for her to get permanent residency, that's incorrect. If you do a search on the USCIS website for information on a "provisional permanent resident visa" you will not find anything.

I know it sounds like splitting hairs, but like Meauxna said, the terminology used in immigration is quite specific. You're in the early stages now, but you'll see as you go forward what the differences are. Also, you will become more familiar with the various steps in the immigration process as time goes on.

~ Jenney

ian-mstm

I believe that's incorrect. Your timeline correctly demonstrates my point... that you are *not* required to file AOS paperwork within the 90 days.

Ian

Just Jenney

Oops, you're right! I think I wrote "correct" because I had just read your response and thinking, "Yep, that's right" -- but then quoted the OP's comment and posted my response underneath! In any case, I've corrected it now (no pun intended).

Just wanted to provide a timeline to the OP to show that one can file for AOS after the 90 days and still be successful -- as long as the marriage itself takes place within those first 90 days, of course.

~ Jenney

Folinskyinla

Hi:

A common misconception that I often see on this list is a strange trust in information given by CIS. It is extremely well established law that that you have no right whatsoever to rely on information from government officials. The Supreme Court has said so -- Schwieker v Hansen.

Although Schwieker was issued 25 years ago, for some strange reason, the myth of ability to rely on information from government officials still exists. However, I should not be suprised, there a many myths out there about the law, especially immigation law.

Although not directly related -- for an example of how the government can get weird, see a case which came out of one court just last week:

http://www.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/090106/$File/03-73824.PDF

Gary Morrison

Jenney & Mark wrote:

    > The reason behind the confusion is your use of the word "visa". A visa
    > is only used to enter the US. Once you're in the US, you don't deal
    > with visas anymore.

OK, that's a good point. Thanks.

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Gary Morrison

Folinskyinla wrote:

    > A common misconception that I often see on this list is a strange trust
    > in information given by CIS.

Well, OK. My trust in that information was based mostly upon the fact
that, until recently, it was the only information I had on this topic.

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Gary Morrison

Jenney & Mark wrote:

    >>I believe that's incorrect. Your timeline correctly demonstrates my
    >>point... that you are *not* required to file AOS paperwork within the
    >>90 days.

I don't appear to have the post to which this is a reply. Could
somebody please resend it? Thanks.

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ian-mstm

I was responding to Jenney's timeline. She wrote (and I've edited):

> May 29 -- Mark entered the US on his K1 visa
> June 18 -- We married!
> August 26 -- Mark's K1 status expired
> October 15 -- We filed for AOS
> June 3, 2004 -- AOS interview successful, gets conditional green card in the mail 3 weeks later

The point here is that they *did* get married within 90 days of Mark's entry to the US, but did *not* apply for adjustment until almost 2 months *after* the K-1 expired. It is perfectly okay not to file within the 90 days... the only requirement is that you marry within those 90 days.

Ian

Gary Morrison

Bob wrote:

    > ... it's recommended
    > you do it as soon as possible so taht you can apply for EAD at the same
    > time, to allow work.

Sorry; another dumb acronym question: EAD=? "Employment Authorization
... something"?

I don't expect my fiancee or her daughter to immediately take on a job
when the arrive, although perhaps in a year or so. Their "job" for the
first year will be to learn English! :-)

Would they still need to apply for an EAD if they don't expect to work
immediately?

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Gary Morrison

Folinskyinla wrote:

    > The choice is yours. A long time ago when I was a baby lawyer, one of
    > my mentors passed on a word of advice that I often use -- given the
    > complexities of immigration law, all cases are more that just "filling
    > out the forms." In what looks like a straightforward case, a good
    > attorney serves as an insurance policy -- if problems arise, they can
    > fix them or at least minimize the damage.

I forgot to say thanks for your reply here. So, thanks!

Do you, or others, have any sense of what the potential difficulties
could be in a change of status? More specifically than "the DAO from
Hell"?

Most of the replies to my query here have regarded the sequence of
events, and I appreciate those thoughts. However, I haven't heard too
many thoughts regarding the nature of what we're doing. For example,
does the AOS have an element of proving worthiness? Proving
citizenship? Proving that you're not a criminal? Proving that you have
a real, loving relationship? Proving other things?

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