AOS from K1 - Interview and Testing

[Muzh 1]

With such long wait times, what should be done if your spouse's K-1 validity/I-94 expires in the interim?

We applied for AoS weeks ago, attended the biometrics appointment two weeks ago, and yesterday the case status moved from "Initial review" directly to "Testing and interview". The lastest "official" documentation we have is the stamped I-797 proving that biometrics were taken two weeks ago. From what I read in the INA:

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

But, how would we prove her stay is authorized? Here is a completely hypothetical situation:

Let's say I'm pulled over for failing to make a complete stop at a stop sign. Feeling rather investigative, the officer decides to engage the passenger (my wife) and draws her into a line of questioning, then demands identification and sees that her passport stamp expired two weeks prior.

What specific legal framework/paperwork or citable document should we have/keep with us -post I-94 expiration- to ensure that any law enforcement officer, peace officer, what-have-you, doesn't get antsy and decide to make things difficult for her (by extension, us).

(edited, to "follow" topic under post options)

Edited November 7, 2013 by Muzh

[HollyGolightly 72]

With such long wait times, what should be done if your spouse's K-1 validity/I-94 expires in the interim?

We applied for AoS weeks ago, attended the biometrics appointment two weeks ago, and yesterday the case status moved from "Initial review" directly to "Testing and interview". The lastest "official" documentation we have is the stamped I-797 proving that biometrics were taken two weeks ago. From what I read in the INA:

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

But, how would we prove her stay is authorized? Here is a completely hypothetical situation:

Let's say I'm pulled over for failing to make a complete stop at a stop sign. Feeling rather investigative, the officer decides to engage the passenger (my wife) and draws her into a line of questioning, then demands identification and sees that her passport stamp expired two weeks prior.

What specific legal framework/paperwork or citable document should we have/keep with us -post I-94 expiration- to ensure that any law enforcement officer, peace officer, what-have-you, doesn't get antsy and decide to make things difficult for her (by extension, us).

(edited, to "follow" topic under post options)

I think getting AOS approval before K-1 or I-94 expires is rare. The norm in most cases is that AOS is approved past the K-1 validity. As long as you married within 90 days from entry and subsequently filed AOS your wife will not incur out of status days. Your AOS receipt of NOA is sufficient proof that she is not staying in the US illegally. If you are concerned of being harrased while your AOS papers are in process just carry your NOA with you or any proof that AOS is pending approval and you should be fine.

[KayDeeCee 4,893]

With such long wait times, what should be done if your spouse's K-1 validity/I-94 expires in the interim?

We applied for AoS weeks ago, attended the biometrics appointment two weeks ago, and yesterday the case status moved from "Initial review" directly to "Testing and interview". The lastest "official" documentation we have is the stamped I-797 proving that biometrics were taken two weeks ago. From what I read in the INA:

"Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General."

But, how would we prove her stay is authorized? Here is a completely hypothetical situation:

Let's say I'm pulled over for failing to make a complete stop at a stop sign. Feeling rather investigative, the officer decides to engage the passenger (my wife) and draws her into a line of questioning, then demands identification and sees that her passport stamp expired two weeks prior.

What specific legal framework/paperwork or citable document should we have/keep with us -post I-94 expiration- to ensure that any law enforcement officer, peace officer, what-have-you, doesn't get antsy and decide to make things difficult for her (by extension, us).

(edited, to "follow" topic under post options)

The I-797C receipt notice from filing the I-485 would be proof of authorized stay in the US in that scenario.

[HK12 273]

What specific legal framework/paperwork or citable document should we have/keep with us -post I-94 expiration- to ensure that any law enforcement officer, peace officer, what-have-you, doesn't get antsy and decide to make things difficult for her (by extension, us).

I usually carry my AOS NOA and passport with me.

[Muzh 1]

Thank you for the reassurance, all. Indeed she keeps her passport and copies of our marraige license, various 797s, I-94, case status printout etc. in her purse at all times, but I was wondering if there was something I might be missing.

I will add a copy of the excerpt from the INA just to be sure. Officials in Los Angeles county (DMV, police) are sometimes tone deaf and merciless if they sense a potential "wrong".