Espencer85

I came in september of 2004 to visit my girfriend as a B1 (tourist) and
after like 5 months we decided to marry (wich is legal), i apply for an
adjustment of status but untill i get it i dont know if i'm still a B1
status or if i changed to something else since i have a marriage
license

I wanted a drivers license but when i asked for it i said i was a B1
status (since thats the last status i knew i was) but as a tourist you
cant get a drivers license

Am i still a B1 or whats my new status since i apply for an adjustment
but i haven received an approval or deny?

Virtus2021

I was in the same situation in 2004. If you haven't done so already,
you should file form I-765 to obtain and Employment Authorization
Document, or workers permit. You are eligible to do so if you I-485
has been filed and is your adjustment of status is pending. When you
get the EAD, you can get a social security number and you can use both
to get a drivers license.

meauxna

You are a long-winded version of "pending".

hcj1440

I rather liked the sound of "pending adjustee" myself -- sounds so... convoluted and legalese?

Or "adjustment applicant" if you want to be more straightforward.

Rete

Having filed for adjustment of status, you are a "pending adjuster".

Your marriage certificate makes you a husband.

You aren't entitled to a driver's license based on your pending status in most states. However, if you had an employment authorization document you might be eligible for a driver's license based on that as the EAD shows that your status is pending. It is the only proof you will have until you are approved for residency and have a green card.

Hoolie

My understanding is that you are here at the Attorney General's pleasure. This is firmer than it sounds. Regarding driving licenses, at least in Louisiana, you are entitled to one (after passing the test!) on the basis of your AOS receipt and EAD. I thought this was the case pretty much everwhere, as the legislation is state-ID driven, but as I say, can only speak for La.

Folinskyinla

Hi:

You are a B-1 who overstayed your admission time. However, although you are technically an "overstay", you are present "under color of law." In other contexts this is often call "PRUCOL" [permanently resident under color of law].

Matthew Udall

Did he ever obtain and use advance parole? If so, he would have a different status.

Folinskyinla

Hi:

How could I forget? After all, I did represent Ms. Delia Bona. And every time I go to 606 South Olive, I am always reminded by someone I meet there.

Espencer85

Oh no, i never overstayed, my i-94 was valid till march 2005 and i got
married on january 2005, so i cant be an "overstay" as you say, i send
my AOS but since i have not response yet i didnt kow what i was, i
guess a "pending adjuster" is pretty accurate since they have that
"status" in the DMV to see who can apply for a drivers license and wich
status cant

Folinskyinla

Hi:

You start off with "Oh no, i never overstayed" and then proceed to set forth the exact facts which contradict that. I am assuming that you didn't obtain advance parole and then depart prior to the expiry of your non-immigrant B-1. In that case, it would be true that you "never overstayed." Your status would then be "parolee" under section 212(d)(5).

crg

I like the term "under adjustment".

Folinskyinla

Hi:

The OP asked a question. After discussion, it was determined that he was either a "B-1" who had overstayed OR he was a parolee. He now says he never overstayed -- so the logical answer is "parolee."

However, logic doesn't apply here -- assuming he has not used advance parole, he is an overstayed B-1 present under "color of law" because his adjustment is pending.

Just Jenney

In another thread you started a couple of days ago, you said you filed for AOS only six months ago. That meant you filed for AOS in August 2005. That also means the earliest you could have applied for advance parole was August, and that usually takes 2-3 months to obtain. However, I think it's a safe assumption that you've been in the States all along, since Sept 2004.

So, you filed for AOS in August, and your B1 visa expired in March. What do you think your status was from March through August?

I'll give you one guess, and it starts with an "O"...

~ Jenney

Espencer85

i came to USA on september 2004 i got married on january 2005, my i-94
was due on march 2005, since i got married even before my i-94 was
expire the "overstayed" status doenst apply