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Immigration Law Question: k-1 VISA TO ADJUSTING STATUS

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  • Immigration Law Question: k-1 VISA TO ADJUSTING STATUS

    My wife is here in the USA on a K-1 visa and she entered the USA in August 2011. We married within 30 days and filed for a change of status within the required 90 days. She is currently waiting for her approval letter. We have responded to all requests from US Immigration for additional paperwork etc.. My question is, is there a place where she can go to have her Visa reflect that she is still in the USA legally. She went to take her Florida driver's license exam today and she was rejected because her visa shows that it expired in November 2011. We went to a USCIS location today and the sign indicated that they only accepted appointments. The doors were locked and only opened by a private security guard who did not know anything! We also tried to call USCIS with this simple question, but it's all automated and there is no one to talk to.

    Thanks in advance for any information that you can provide....

  • #2
    My wife is here in the USA on a K-1 visa and she entered the USA in August 2011. We married within 30 days and filed for a change of status within the required 90 days. She is currently waiting for her approval letter. We have responded to all requests from US Immigration for additional paperwork etc.. My question is, is there a place where she can go to have her Visa reflect that she is still in the USA legally. She went to take her Florida driver's license exam today and she was rejected because her visa shows that it expired in November 2011. We went to a USCIS location today and the sign indicated that they only accepted appointments. The doors were locked and only opened by a private security guard who did not know anything! We also tried to call USCIS with this simple question, but it's all automated and there is no one to talk to.

    Thanks in advance for any information that you can provide....

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    • #3
      Your wife needs to make an infopass appointment. Info and the required links are right here.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        I'm aware of the infopass, but do you think they will be able to give her anything or is it just a waiting game for the paperwork to be approved?

        Thanks!

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        • #5
          They'll be able to give her a temporary passport stamp that can be used to show she's here legally.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            ok, thank you very much!

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            • #7
              Hi Steve and welcome,

              You said you filed the Adjustment of Status within the required timeframe, but exactly when did you file it? Just wondering because a relative of mine went through the same process and it took less than 2 months for his immigrant spouse to receive her SSN and work permit.

              Comment


              • #8
                If she arrived in August, they had til November, Proud, so they're still within that 2 month time for your relative. Though, there are lots of other factors, the location being one of the biggest. Different offices can be faster or slower, depending on their caseload. The more populated the area, the longer it will take.
                **************************************
                The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                Comment


                • #9
                  Everything was filed and received by US Immigration on Sept. 27th... My wife has applied for and received her social security number, but she is still waiting for her adjustment of status paperwork to be approved. They requested my tax documents recently even though we had already turned in the affidavit of support and supporting documents months ago.

                  There just hasn't been alot of instruction by US Immigration in terms of getting her visa updated. The K1 Visa expired after 90 days and they never sent anything indicating that she is in the country legally.

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                  • #10
                    Did they call you in for an interview? They did for my relative and his alien spouse. It took about 6 weeks to 2 months after the interview for her to get the SSN and work permit. The green card came about a month later.

                    Good luck and hopefully you'll hear something soon. Infopass was suggested and it's probably your best bet if you don't hear something soon.

                    Comment


                    • #11
                      Again, depends where you are and how busy the local office is. Adjustment averages 3-6 months, so to get it done in less than 2 is the exception rather than the rule.

                      Don't worry too much about the requests for the tax documents. They're probably just making sure their data is up to date. When the interview comes, make sure you have an updated pay stub to take with you. It's something they commonly ask for if there's a sizable gap between filing the paperwork and the interview.

                      It is true that they are notorious for not giving out all the info and even when they do, the information can be confusing. A lot of people have never even heard of infopass.
                      **************************************
                      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                      Comment



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