Tracym

Does anyone know the correct legal term for an alien's status under the following conditions? What I'm asking is - for example there is non-immigrant visitor, LPR, etc.... but during AOS seems like a bit of limbo - what do you call that?

K-1 - I presume you're non-immigrant right?
After 90 days and AOS in progress - you're ?????
After AOS that's easy - green card

I've discovered when talking to insurance agents, govt ppl re. drivers license, etc. said persons have no clue what K-1 or AOS or anything else are, they want to know "the status"

Thanks.

snowbunny

K-1 -- non-immigrant -- if the driver's licence bureau are vigilantes, they may not allow someone to get a licence.

After marriage and successful AOS -- conditional permanent resident status (CPR). "green card" with a two-year expiry because you are newly married. Immigrant status.

At the two-year mark you must file to remove conditions and after that is successful and complete, LPR -- legal permanent resident with a ten-year expiry. Immigrant status.

You'd have to check with your insurance company and your state's driver's licence bureau to see if they'll issue a K-1 a driver's licence. In Texas, supposedly, they want you to have a visa or PR that is good for at least one year past the date you apply for the licence, though I got the feeling that if I flashed my tits they'd either forget about the requirement altogether or just deny the licence.

Tracym

Thanks. But there is the time in-between the K-1 and successful AOS.

My primary question is what you are at that point - K-1 is expired, and AOS has not yet occurred - so what are you? Some form of legal stauts, but what?

snowbunny

You are a non-immigrant with no permanent residency rights yet, but you are also pending AOS once the papers are filed. You are still a temporary as opposed to permanent resident until the day the AOS is approved. If you are ineligible to get a driving licence due to this temporary status, then you can drive on your UK licence. The snag will occur where insurance is concerned.

Since my husband left the US days after we married (here), and re-entered on a CR-1 (CPR permanent resident) visa, he was eligible to apply and get a licence. Hopefully someone who's gone the K-1 or K-3 routes will share how they managed the period between arriving on a K-1 or K-3 and successful AOS.

Tracym

Thanks. I understand the process. It's the "official legal term" for the status I am looking for. I'm not sure you are even a temporary resident until you AOS, but perhaps you are, as I said I'm not sure.

ian-mstm

Sort of, yes... non-immigrant *but* with immigrant intent. Your status is "K-1 beneficiary". Once you enter the US on a K-1 visa, the visa itself becomes null and void (since it was good for a single entry only) and, as long as you marry within 90 days, you have fulfilled the requirements of the status. In order to remain in status, you should file for AOS within those 90 days although, in terms of enforcement, there really is no time limit since overstays are forgiven for the spouse of a USC.

Personally, I believe that if some government organization doesn't understand what the status "K-1 beneficiary" means, they should educate themselves. Being able to educate these people is a worthy goal.


Your status is "pending AOS". You're right, it is a limbo status, but it is allowed. As long as the adjustment is not denied, you remain "pending" until you become a PR. Again, we need to educate those who are ignorant of things immigration.


Well, you get a green card, but your status is PR - either conditional or not.

Ian

ian-mstm

Perhaps you could... umm... post a picture :embaressed_smile: of how that moment might look!

Ian

Tracym

I can just hardly wait to attempt to educate the folks at the DMV. Goody.

Thanks for the info.

Noorah101

Sadegh ran into that "limbo status" with DMV. He arrived on his K-1 and got a State ID valid for 90 days (they used the expiration date of the I-94). By the time that expired, he had not yet received his 1-year EAD, so DMV used the expiration date of the actual K-1 visa (another 90 days). By the time that expired, he had his 1-year EAD, and they used that date as the next expiration date. After 1 year, he got a new EAD and DMV used that date as the new expiration. Then he got his 2-year green card, and they used that expiration date. Now he has his 10-year green card, but hasn't yet gone to DMV to update his State ID again.

That's about 4 or 5 trips to DMV over the past 3 years, but it was no hassle, they just used whatever expiration date we had available to show them.

This was in Arizona.

Rene

Tracym

What fun. So any 'ol official immigration document will do. I guess at least it worked.

Thanks.

Elvira

Be warned that the DMV may insist on checking the status with USCIS.

This is evidently done by snail mail.

A call to someone 'High-up' at the DMV central office may be required to get this done in under 3 months...

NB: It is advisable to make a prior appointment (by phone or online) when planning on visiting any DMV office........... unless you have all day...

Tracym

Oh I can just imagine that a fun time will be had by all.

I've found that various people ask the status, but do not understand the K-1.

SecretGarden

"Pending adjustment of status to permanent resident".

~SecretGarden

SecretGarden

Tracy, have you checked the state of IL website for what they need to present as ID now? (MIght have changed since Mr. Pink went to get his license almost four years ago).

For him it was really easy to get a license. He gave them his passport with the expired K-1, his social security card, marriage certificate and his UK license; they took him out for a 3 minute road test, he took the written test (multiple choice), eye exam, they snapped his pic. and that was it.

We got lucky because the woman at the "information" desk where you start just Loooooooooooooved his accent so we knew we were in right away.

when you go, tell Keith to turn on the charm. Shoe in.

~SG

Tracym

Thank you - I will check with the state. And you yes, accents smooth many paths - I will be glad if that part turns out easy.

There are a variety of reasons to know the official status though, I was not primarily/just interested in DMV.