What is my status called?

E

espencer85

Registered Users (C)
I came as tourist and after 3 months my girlfriend and i decided to get married, i applied for my I-485 and is still pending, my question is Whats my immigration status?

How i can be called?, im not K2, H1 or anything like that, am i just a non resident alien even when i am living here and i have a work permit since i asked for it along with my I-485?

Thanks for your help
 
Youdo not have legal status but you are eligible to apply for EAD. Form I-765, read instruction.
 
akatu said:
Youdo not have legal status but you are eligible to apply for EAD. Form I-765, read instruction.
Click to expand...

I know i can apply for an EAD, i did it already, but what am i? a non resident? even if i live here? or what kind of alien am i?

Am i in status "limbo"? my wife needs to declare her taxes and she needs to write which is my status in USA
 
espencer85 said:
I know i can apply for an EAD, i did it already, but what am i? a non resident? even if i live here? or what kind of alien am i?

Am i in status "limbo"? my wife needs to declare her taxes and she needs to write which is my status in USA
Click to expand...

For the purpose of taxes you are a resident. For immigration you are adjustee,
all explanations who should file, provided on a tax form. Most important that you do file tax return.
 
Last edited by a moderator:
The instructions on 1040 explain the differences between a resident and a non-resident for tax purposes.
 
For USCIS you are in adjustment of status (adjustee), which in legal terms of the law means that you are allow to stay inside the US while your case is pending in "an authorize stay by the Attorney General". Even all these terminology is not recognize as "legal stay" for many State agencies (like some DMV's) until you received your EAD or another approved benefit by the USCIS.

For tax pourposes you can be a resident if you check the resident test what means to you and even if you are married to a USC is not necessary you can be consider for them as a resident (check www.irs.gov). So in general for USCIS you are not a LPR yet but for IRS you are a resident. For IRS the "legal" status of a resident is not the basis to collect taxes.
 
You must log in or register to reply here.
Top