Expired K1 and I-94 - How to prove legal status

[jbowen28 0]

My new wife's and her son's K1/K2 and I-94 expired recently. AOS applications have already been submitted and received by USCIS. They received their I-797C letters for biometrics appointments which they attended. According to their I-94's they are authorized to stay in the US only until 8/23/12 which is now a week expired. We did not think this was going to be a problem since the AOS application was submitted more than a month ago. But my wife tried to obtain a driving permit and they refused it because her I-94 and K1 visa are expired. Now I am worried that they will be denied other benefits including air travel in the US. Do I need to file for an extension of the I-94? How do I prove that they are legally residing in the US?

[KayDeeCee 4,893]

My new wife's and her son's K1/K2 and I-94 expired recently. AOS applications have already been submitted and received by USCIS. They received their I-797C letters for biometrics appointments which they attended. According to their I-94's they are authorized to stay in the US only until 8/23/12 which is now a week expired. We did not think this was going to be a problem since the AOS application was submitted more than a month ago. But my wife tried to obtain a driving permit and they refused it because her I-94 and K1 visa are expired. Now I am worried that they will be denied other benefits including air travel in the US. Do I need to file for an extension of the I-94? How do I prove that they are legally residing in the US?

The K-1 became null and void the moment she used it to enter the US. You already filed for AOS so she is in a period of authorized stay. You can show the NOA receipt from filing the I-485 to prove that. A lot of states will not allow you to get a license without an EAD or green card, so check the laws of your state to see what documents are accepted.

You cannot file for an extension of the I-94. She does not need an I-94 for domestic travel. She just needs valid ID. She cannot travel outside the US and re-enter without having AP or a green card first.

[Que Saudade 284]

I totally agree with Jay-Kay.

[Deputy Purple 1,294]

Your wife is in a wierd in between status right now.

The NOA1 from her AOS would be used to prove she's not out of status but it would still require an inquiry with USCIS as there is no way of knowing that her case is still processing otherwise.

Most states won't issue ID or Drivers License/Learners Permits without documentation of how long she's authorized to stay in the US which would be EAD or Greencard.

Did she apply for EAD with her AOS packet?

Ditto that she doesn't need to prove legal presence for most domestic travel. If she's travelling within 100 miles of the US border with Mexico (especially) or Canada she might be asked for proof of status though.

[Ariane15 1]

My new wife's and her son's K1/K2 and I-94 expired recently. AOS applications have already been submitted and received by USCIS. They received their I-797C letters for biometrics appointments which they attended. According to their I-94's they are authorized to stay in the US only until 8/23/12 which is now a week expired. We did not think this was going to be a problem since the AOS application was submitted more than a month ago. But my wife tried to obtain a driving permit and they refused it because her I-94 and K1 visa are expired. Now I am worried that they will be denied other benefits including air travel in the US. Do I need to file for an extension of the I-94? How do I prove that they are legally residing in the US?

As soon as she gets her EAD, she can apply for a Driver's License. My son receives his EAD two weeks after his biometric. Or she can wait till she receives her green card. She is not considered out of status as long as she has filed for an AOS. In some states, they accept the AOS receipt from USCIS for temporary drivers license.

[Que Saudade 284]

As soon as she gets her EAD, she can apply for a Driver's License.

Totally dependent on the State. The OP would need to check the dept of motor vehicles for the particular state as to what documents are accepted or not. A post just the other day stated that her state did not accept EAD and she would have to wait in green card

[Pitaya 2,577]

I totally agree with Jay-Kay.

[Dave&Roza 748]

The K-1 became null and void the moment she used it to enter the US. You already filed for AOS so she is in a period of authorized stay. You can show the NOA receipt from filing the I-485 to prove that. A lot of states will not allow you to get a license without an EAD or green card, so check the laws of your state to see what documents are accepted.

You cannot file for an extension of the I-94. She does not need an I-94 for domestic travel. She just needs valid ID. She cannot travel outside the US and re-enter without having AP or a green card first.

:thumbs: A valid ID for domestic travel can be her passport. Just match the ticket name to the name contained on the passport. My wife traveled domestically a few times before receiving her GC and used her passport with no problems.

Dave