Confusion about status between I-94 expiring and AOS pending...

[chrislyse 0]

I have confusion about status between I-94 expiring and AOS pending...what is your visa status at this point?

So far we can't seem to get an state issued ID card (not ready for drivers license quite yet). They won't issue the ID because they said the I94 is expiring within 30 days (the SSN office was also hassling us...even though we were waiting for 7 weeks for her card). He mentioned (btw i know it a suprise but the DMV people are still the rudest on the planet) something about the I797, we just got the I797C, but does that really mean anything? Who knows when we'll get the actual acceptance for her permanent residency, could takes months to years, do people really have to wait until then to get their ID/License?

I don't really understand the visa status when your I-94 expires and before you get the green card...??

(background, we are married and she arrived on a K1 visa).

[Bobby+Umit 161]

I have confusion about status between I-94 expiring and AOS pending...what is your visa status at this point?

So far we can't seem to get an state issued ID card (not ready for drivers license quite yet). They won't issue the ID because they said the I94 is expiring within 30 days (the SSN office was also hassling us...even though we were waiting for 7 weeks for her card). He mentioned (btw i know it a suprise but the DMV people are still the rudest on the planet) something about the I797, we just got the I797C, but does that really mean anything? Who knows when we'll get the actual acceptance for her permanent residency, could takes months to years, do people really have to wait until then to get their ID/License?

I don't really understand the visa status when your I-94 expires and before you get the green card...??

(background, we are married and she arrived on a K1 visa).

If you have an AOS pending (IE, the NOA is in hand), your status is considered to be "applicant awaiting status change" or something similar to that. Your protected from ICE.

Until you get the EAD/GC, most government agencies will not give you any paperwork, since your status is "pending". For example, Ohio only granted a license till the expiration of the I-94, then we had to use the GC to renew it.

And that was only granted till the expiration of the GC.

They can only go by your current immigration documents, and if it is expired, or will be expired, they will most likely not allow you to do anything "official"

[chrislyse 0]

If you have an AOS pending (IE, the NOA is in hand), your status is considered to be "applicant awaiting status change" or something similar to that. Your protected from ICE.

Until you get the EAD/GC, most government agencies will not give you any paperwork, since your status is "pending". For example, Ohio only granted a license till the expiration of the I-94, then we had to use the GC to renew it.

And that was only granted till the expiration of the GC.

They can only go by your current immigration documents, and if it is expired, or will be expired, they will most likely not allow you to do anything "official"

Wow, thats insane. Thanks. Now i wonder how long until we get the GC? So for people that can drive, they have to use a foreign license or something until they get their Green card?

Edited March 18, 2010 by chrislyse

[winifredbee 1]

It is strange but there is a bit of a gap between documents. My husband just kept his paperwork close until he got his GC. He even traveled with an expired I-94 to Ohio but we made sure we brought all the documents regarding his visa process. Congrats on your K-1 and Good luck on the AOS.

[Dan J 277]

Wow, thats insane. Thanks. Now i wonder how long until we get the GC? So for people that can drive, they have to use a foreign license or something until they get their Green card?

Passport can function as an ID for the time being. You can use a foreign drivers licence to drive in the US, but it varies somewhat by state/country.

[Bobby+Umit 161]

Wow, thats insane. Thanks. Now i wonder how long until we get the GC? So for people that can drive, they have to use a foreign license or something until they get their Green card?

as stated, varies by state.

Ohio will allow you to use your foreign license, if your I-94 is valid. After 90 days on the K-1, it is not, so your back to square one.

We received our GC within 2 months of sending in the AOS, in fact, the EAD/AP came 2 days before the GC did, go figure.

[TBoneTX 43,418]

An immigration attorney told me that the interim status can be called "applicant for adjustment" or "adjustment applicant."

[Bobby+Umit 161]

An immigration attorney told me that the interim status can be called "applicant for adjustment" or "adjustment applicant."

I've seen those two statements also - nothing firm in the actual USCIS instructions/rules/etc that this is a "status" - but it all applies equally I think.

Edited March 19, 2010 by Bobby+Umit

[TBoneTX 43,418]

It is strange but there is a bit of a gap between documents. My husband just kept his paperwork close until he got his GC. He even traveled with an expired I-94 to Ohio but we made sure we brought all the documents regarding his visa process.

This is excellent advice that everyone should follow, si man. I also made sure that the wife kept her most recent papers with her at all times -- including our cover-letter (with photocopy of check) for AOS, before we got the receipt notice -- and a copy of our marriage certificate. "Puercos" (evil or ignorant law-enforcement officers or agents, of which there are sadly all too many) are less likely to want to mess with someone who's prepared, si man.

[MRStee 19]

I would suggest you read your state's specific "fact sheet" and bring a copy with you (if necessary) I intend on obtaining a state id for my spouse... here is a copy of one for PA for example.... it tells you specifically what a K-1 needs:

http://www.dmv.state...ts/pub195nc.pdf

just my opinion....

pg. 11

Edited March 22, 2010 by MRStee

[chrislyse 0]

Thanks for all the replies. I called the VA DMV and they said the 797C (in our case)...may work, aka give it a try. As we were practically tossed out of one DMV by a really rude guy we tried a different DMV. They were friendly and took our paperwork, the ID card should be in the mail, i'll let you know if we actually get it. They also said if my wife passes the written drivers test she can get a learners permit (i forget how long) until she comes back and takes the driving course test.