I-94 and K-1 Visa Expired

[Jose_A 0]

Hi guys.

So, ok. My wife and I married and sent in my Change of Status and Work Permit papers back in early May, unfortunately due to a mistake in a document we had to resend everything.

Anyway, my K-1 and I-94 expired (I-94 in May and my K-1 Visa today). I was wondering, now that those two are expired, what kind of valid ID do I have here? I mean, I haven't gotten my driver's license for one reason or another, mainly because I could only get a doctors appointment until the 21st of July.

I'm worried that 1. The DMV people wont accept my petition for a Driver's License because both my documents are expired, or 2. That just randomly a cop could stop my wife and I and ask me for an ID.

I know my status is supposed to be protected while my status change is being processed but how to explain that to the people here? I'm living in a very rural where, unfortunately, some people might be a little prejudiced. Just the other day when I went to pick up the booklet to study for the driving test there were a couple of people there from the Middle East and, man, they were treated like #######.

Anyway, any kind of help is appreciated.

Cheers

[YuAndDan 153]

You have a passport, that is your ID until you get either EAD or Green-card.

The NOA1 letter for I-485 will prove your AOS pending status until you do get EAD or Green-card.

[raphandarrin 0]

I have the same question, I do hear everyone saying that as long as your status is pending, you are fine, but I couldn't find anything in the USCIS website that says that...My visa will expire in Aug, 13th and I wanted to travel(inside the US) but I heard that immigration offices are in the airports checking on visas and I just don't want to take a chance.

If someone know or can show me something OFFICIAL I'd really appreciate it.

Can someone help?

[payxibka 10,044]

I have the same question, I do hear everyone saying that as long as your status is pending, you are fine, but I couldn't find anything in the USCIS website that says that...My visa will expire in Aug, 13th and I wanted to travel(inside the US) but I heard that immigration offices are in the airports checking on visas and I just don't want to take a chance.

If someone know or can show me something OFFICIAL I'd really appreciate it.

Can someone help?

Your visa is meaningless... Your visa does not determine your legal or illegal status... Your I-94 does....

I am unaware of where immigration officers would be to even begin to look at your status... I have never seen it in the 1,000's of flights have have taken and 10 years as an airline employee

[raphandarrin 0]

fwaguy, a really close friend of mine was an au pair and had her last month(grace period) just now starting in mid June and was traveling all over the US, in 2 different occasions, an immigration office(I'm not sure if this would be the right name, I apologize about that) requested to see her passport(and visa) and she was questioned about her visa being expired, she needed to explain about the grace period, d/s and all that, I don't mean to say you or anyone is wrong I'm just worried about traveling and getting in trouble when I can just stay home and avoid it, I'd really like to go, but I'm not if I'm not sure I'll be OK.That's the only reason I'm asking for official info.

Edited July 17, 2008 by raphandarrin

[ScottnCati 0]

fwaguy, a really close friend of mine was an au pair and had her last month(grace period) just now starting in mid June and was traveling all over the US, in 2 different occasions, an immigration office(I'm not sure if this would be the right name, I apologize about that) requested to see her passport(and visa) and she was questioned about her visa being expired, she needed to explain about the grace period, d/s and all that, I don't mean to say you or anyone is wrong I'm just worried about traveling and getting in trouble when I can just stay home and avoid it, I'd really like to go, but I'm not if I'm not sure I'll be OK.That's the only reason I'm asking for official info.

Exactly..your visa is meaningless. The K1 visa is a one time entry visa with the purpose to marry within 90 days which it seems you did. You then sent the proper documents in to adjust status and received the NOA 1 which is proof your paperwork is pending.

Travel within the US is allowed, and you will not have any issues. The Airlines do not check your visa status if you are flying within the states and I never saw immigration officers in the airport checking passports. The only place that is done is immigration when you arrive from outside the USA.

If you are concerned, carry a copy of your marriage certificate and NOA1, but I dont think thats needed.

[payxibka 10,044]

fwaguy, a really close friend of mine was an au pair and had her last month(grace period) just now starting in mid June and was traveling all over the US, in 2 different occasions, an immigration office(I'm not sure if this would be the right name, I apologize about that) requested to see her passport(and visa) and she was questioned about her visa being expired, she needed to explain about the grace period, d/s and all that, I don't mean to say you or anyone is wrong I'm just worried about traveling and getting in trouble when I can just stay home and avoid it, I'd really like to go, but I'm not if I'm not sure I'll be OK.That's the only reason I'm asking for official info.

If they are looking at her expired visa then they are not immigration people because the visa expire date does not matter.... When you get your visa you have until the expire date to present yourself to the border... When admitted you are given an authorized stay period that is indicated on the i-94.

For example, if you arrive on the second to last day before your K-1 visa expires, the CBP will give you your 90 days to stay. Your visa expires 2 days after your entry... Does that mean you are now unauthorized? Absolutely not.

[raphandarrin 0]

my visa is not a K-1 , it's a J-1

[raphandarrin 0]

just found this:

http://thepinoy.net/?p=1055

and I guess it's getting more usual, it wasn't an immigration office, though, my bad!

[ScottnCati 0]

just found this:

http://thepinoy.net/?p=1055

and I guess it's getting more usual, it wasn't an immigration office, though, my bad!

Do you have any other US Identification? State drivers license?

you could always use that as ID and leave your passport home. My wife leaves her passport home, and uses her drivers license as ID.

[raphandarrin 0]

I'm still waiting for it to get here, 79 days of wait they won't just give it to me, it has to go through the main office so they can check my status and everything.

[pushbrk 12,232]

Hi guys.

So, ok. My wife and I married and sent in my Change of Status and Work Permit papers back in early May, unfortunately due to a mistake in a document we had to resend everything.

Anyway, my K-1 and I-94 expired (I-94 in May and my K-1 Visa today). I was wondering, now that those two are expired, what kind of valid ID do I have here? I mean, I haven't gotten my driver's license for one reason or another, mainly because I could only get a doctors appointment until the 21st of July.

I'm worried that 1. The DMV people wont accept my petition for a Driver's License because both my documents are expired, or 2. That just randomly a cop could stop my wife and I and ask me for an ID.

I know my status is supposed to be protected while my status change is being processed but how to explain that to the people here? I'm living in a very rural where, unfortunately, some people might be a little prejudiced. Just the other day when I went to pick up the booklet to study for the driving test there were a couple of people there from the Middle East and, man, they were treated like #######.

Anyway, any kind of help is appreciated.

Cheers

Your visa expiration is of no consequence. It was dead on arrival in the USA, regardless of expiration date because it's a single entry visa. You had 90 days of K1 status and now have pending adjustment of status.

[Jose_A 0]

Hi guys.

So, ok. My wife and I married and sent in my Change of Status and Work Permit papers back in early May, unfortunately due to a mistake in a document we had to resend everything.

Anyway, my K-1 and I-94 expired (I-94 in May and my K-1 Visa today). I was wondering, now that those two are expired, what kind of valid ID do I have here? I mean, I haven't gotten my driver's license for one reason or another, mainly because I could only get a doctors appointment until the 21st of July.

I'm worried that 1. The DMV people wont accept my petition for a Driver's License because both my documents are expired, or 2. That just randomly a cop could stop my wife and I and ask me for an ID.

I know my status is supposed to be protected while my status change is being processed but how to explain that to the people here? I'm living in a very rural where, unfortunately, some people might be a little prejudiced. Just the other day when I went to pick up the booklet to study for the driving test there were a couple of people there from the Middle East and, man, they were treated like #######.

Anyway, any kind of help is appreciated.

Cheers

Your visa expiration is of no consequence. It was dead on arrival in the USA, regardless of expiration date because it's a single entry visa. You had 90 days of K1 status and now have pending adjustment of status.

Great! Thanks for the help guys.

Now, I was wondering. My Mexican passport actually expires in August. Should I try and get a new one from a Mexican embassy here in the US?

[ScottnCati 0]

Hi guys.

So, ok. My wife and I married and sent in my Change of Status and Work Permit papers back in early May, unfortunately due to a mistake in a document we had to resend everything.

Anyway, my K-1 and I-94 expired (I-94 in May and my K-1 Visa today). I was wondering, now that those two are expired, what kind of valid ID do I have here? I mean, I haven't gotten my driver's license for one reason or another, mainly because I could only get a doctors appointment until the 21st of July.

I'm worried that 1. The DMV people wont accept my petition for a Driver's License because both my documents are expired, or 2. That just randomly a cop could stop my wife and I and ask me for an ID.

I know my status is supposed to be protected while my status change is being processed but how to explain that to the people here? I'm living in a very rural where, unfortunately, some people might be a little prejudiced. Just the other day when I went to pick up the booklet to study for the driving test there were a couple of people there from the Middle East and, man, they were treated like #######.

Anyway, any kind of help is appreciated.

Cheers

Your visa expiration is of no consequence. It was dead on arrival in the USA, regardless of expiration date because it's a single entry visa. You had 90 days of K1 status and now have pending adjustment of status.

Great! Thanks for the help guys.

Now, I was wondering. My Mexican passport actually expires in August. Should I try and get a new one from a Mexican embassy here in the US?

Certainly YES. As soon as possible

[u2rsobad 0]

just found this:

http://thepinoy.net/?p=1055

and I guess it's getting more usual, it wasn't an immigration office, though, my bad!

The article is correct that TSA is now responsible for document checking and of course fraudulent documents are what's being looked for. If you're concerned about traveling and running into problems, get a valid state ID card or drivers license. You're not required to have a passport to travel within the USA. You can also get your SSN if you haven't already, as a piece of secondary ID if necessary.

"When flying, all passengers must present security checkpoint staff with an airline-issued boarding pass, and passengers age 18 or older must present government-issued photo ID, such as a driver's license or passport."