Les Norton

hi any information/advice would be greatly appreciated!

i came here to the states from australia on a visa-waiver. i got
married once i got here (which wasnt the plan but happened anyway) i
filed all the required forms concurrently at the INS a few weeks
before my 90 days was up. I got an EAD on that day with the provision
of law: 274A.12(c)(09). I then applied for a social security number so
i could begin work. I havent heard a word from nor the INS or social
security and have called them numerous times ( its been about 4 weeks
). What i'm worried about is, since my case is pending and i have a
EAD, does that permit me to stay in the states legally? or am i now
here illegally since the date on my i-94 has expired? INS and social
security both say to just wait for correspondance by mail and they
cant tell me anything about the status of my case, and i cant check it
online since i have had no mail from the INS giving me that 13 digit
receipt number that i need to check online. I've searched on the web
and through multiple newsgroups including this one abou this issue but
havne't come to any conclusions. could somebody out there please be
kind enough to put my worries to an end? (or dare i say, worsen if i
am here legally).

Thankyou for taking the time to read my post.
Les

Thelong&Windingroad

The I-94 is merely an entry/exit record and not a visa. Your status is
AOS (since your I-485 is pending) & would appear to be legal. Make sure
you renew your EAD, once you start working, before it expires. If you
want to travel and do not want your I-485 cancelled you require advance
parole.

Good luck & I hope this helps

Les Norton wrote:
    > hi any information/advice would be greatly appreciated!
    >
    > i came here to the states from australia on a visa-waiver. i got
    > married once i got here (which wasnt the plan but happened anyway) i
    > filed all the required forms concurrently at the INS a few weeks
    > before my 90 days was up. I got an EAD on that day with the provision
    > of law: 274A.12(c)(09). I then applied for a social security number so
    > i could begin work. I havent heard a word from nor the INS or social
    > security and have called them numerous times ( its been about 4 weeks
    > ). What i'm worried about is, since my case is pending and i have a
    > EAD, does that permit me to stay in the states legally? or am i now
    > here illegally since the date on my i-94 has expired? INS and social
    > security both say to just wait for correspondance by mail and they
    > cant tell me anything about the status of my case, and i cant check it
    > online since i have had no mail from the INS giving me that 13 digit
    > receipt number that i need to check online. I've searched on the web
    > and through multiple newsgroups including this one abou this issue but
    > havne't come to any conclusions. could somebody out there please be
    > kind enough to put my worries to an end? (or dare i say, worsen if i
    > am here legally).
    >
    > Thankyou for taking the time to read my post.
    > Les

nathan barley

Once the INS started processing your adjustment, you effectively became a pending immigrant. You are currently being processed, so your stay is not illegal, and any overstay beyond the expiry of your I-94 will not go on your record. Overstay is forgiven for spouses of US citizens anyway, so even if you applied after your I-94 expired, it'd be stricken from the record.

So relax, and read a book or something, the INS will take their time.

Les Norton

thanx guys, that took a load off i would read a book, but harry potter 5
aint due to come out till june hehe.
thanx again.
Les