Adjustment of Status, "official" NOA

[noncompute 9]

Hi,

We just checked the case status online. It appears we were just scheduled for an interview. It's one month from now.

We're filing for AOS after my wife came here on a K-1. She's currently out of status.

Getting anxious to start with things like getting a Driver's License. The DMV wants an "I-797" to issue a DL. The I-797C that came as the NOA1 for AOS doesn't seem to cut it (doesn't seem to help that it says in boldfaced letters that it doesn't grant any immigration privilege).

I'm not quite sure of the terminology of where she's at in terms of status, but her K-1 definitely expired a while ago.

Is there any sort of document we can get to prove her immigration status being legal? We didn't apply for AP or EAD.

[Hypnos 6,576]

She's in a legal status, that status being "adjustment applicant" or "pending adjustment", however you want to phrase it.

A "stopgap" document that would help you would be the EAD, which is accepted as proof of legal presence in most states. Since you didn't apply for it then you won't receive it, and there's probably not much point in doing so now with your interview a month away.

[noncompute 9]

I guess we'll have to wait another month and some for the DL, then. Thank you.

[KayDeeCee 4,893]

Filing for AOS put her in a new period of authorized stay. The receipt notice from filing proves she is an adjustment applicant. She would have needed at least the EAD to get a license though.

[nobbie 105]

You can get a licence (here in MD anyway) with your I 94, however it will only last as long as the I 94.

This is another reason why it;s a good idea to apply for EAD and AP with AoS, costs nothing so why not?