K-1 Visa in AOS process, visa expired: how do I prove lawful presence?

[imoblong 0]

Hi all,

My husband arrived with me in the US this past September on a K-1 visa. We married in October. We were a little bit slow getting some documents such as a driver's license for him and a joint bank account because of the holidays & also it was a bit of a culture shock for him so he wanted to take his time getting used to life in America and wanted me to be in charge of our finances. His visa expired in January but I was able to find this on the FAQ about him staying here legally:

6.11.7)..OK, so my K-1 wife will file I485 for AOS.....Question is, what will her immigration status be from the date she files the AOS paperwork until the interview where she receives (conditional)green card?

A..She is official under a "period of stay authorized by the Attorney General". (FAQ Note: This is due to being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application) `

However, we went to the DMV yesterday to try to get him a license and because we were unable to prove his lawful presence, they denied us. Does anyone know of some sort of official USCIS letter or something I can print to prove he is here legally while we wait for this decision? I showed them all of our most recent USCIS paperwork & explained we are just waiting for our interview but we were still denied! He also needs a California ID in order to open a joint bank account with me through my bank, which will be a huge step in proving we are a real married couple to the USCIS. I am starting to get worried that our AOS interview will be scheduled before we have everything in order.

Any help is VERY much appreciated! Need this document proving his lawful presence!!

Thanks

[Ryan H 3,790]

At this point, there is probably not much you can do until a green card is issued. Driver licensing authorties are notoriously stubborn on document requirements (I speak from two different experiences with my wife and dealing with DOL in WA). Others have posted DOL's counterparts in other states are essentially the same.

Since you are just starting out, USCIS will not expect nor require you to have a joint bank account. Furthermore, this is something that is expected when the time comes to remove condiitons on residency (although not required for that process either provided you can compensate in other areas). The AOS application will not be denied if you don't have a joint bank account.

[Boiler 43,434]

You do not need to be legal to get a DL in California.

EAD would be the document you need to show legal status.

[Darnell 8,478]

Sorry, the EAD card is the first obtainable federal ID that will be useful to you. File the I-765 with the AOS set, and quickly.

The visa was invalidated at POE, the I-94 governs legal stay - usually if you show I-94 and passport at SSA office within 74 days of POE event, can get SSN.

Then with SSN can easily get bank accounts. Now must wait until have EAD. Usually with EAD, can get state ID or drivers license with 1 year validity.

as to 'period of authorized say' - although that's what he's in, at the moment, he doesn't have a document from USCIS stating so - mostly a limbo phase as far as chasing state ID is concerned.

[imoblong 0]

Wow, this info is very helpful, THANK YOU! EAD is currently in the mail, should be here by next week. PHEW!

Do you really think that we won't need to show a joint bank account for our interview? We also currently don't live together during the week because of our jobs: I know it is unconventional but we lived this way in Mozambique so we are used to it.... & decided it was best for us to make money in whatever way possible since we are just beginning our lives together (we are pretty much starting from zero, and we got jobs in different cities about 1 1/2 hours apart, we see each other on weekends). Obviously we plan to get a place together ASAP (aka when money permits, as we are living rent-free right now), but our situation could definitely be considered pretty abnormal and I'm stressed about proving we are a serious couple!

[Nich-Nick 3,353]

He shouldn't have a job already if he doesn't have his EAD card, so that sounds dodgy that you can't live in the same city. He can go get a SSN with his EAD. That should allow a joint bank account. Get one.

[KVE 29]

Wow, this info is very helpful, THANK YOU! EAD is currently in the mail, should be here by next week. PHEW!

Do you really think that we won't need to show a joint bank account for our interview? We also currently don't live together during the week because of our jobs: I know it is unconventional but we lived this way in Mozambique so we are used to it.... & decided it was best for us to make money in whatever way possible since we are just beginning our lives together (we are pretty much starting from zero, and we got jobs in different cities about 1 1/2 hours apart, we see each other on weekends). Obviously we plan to get a place together ASAP (aka when money permits, as we are living rent-free right now), but our situation could definitely be considered pretty abnormal and I'm stressed about proving we are a serious couple!

Without his EAD he isn't allowed to work, hence why it is called an Employment Authorization Card. Once he has his EAD he can get a Driving Licence, open a bank account.

[imoblong 0]

Good point about the EAD-- I didn't explain fully. He is working as an INTERN -- no pay but great experience with opportunity for pay when his EAD arrives. As I said, our approach may be a little unconventional but I'm hoping we are able to prove to USCIS that we are a real couple.

[Darnell 8,478]

hey - any news or followup?

[TBoneTX 43,058]

The OP hasn't logged on to VJ since February 21.

[Darnell 8,478]

The OP hasn't logged on to VJ since February 21.

Exactly, TBonez.

See, on stuff where I participate, without any answer for 4 to 5 months, I _do_ seek a followup, especially when the original question is long...

[imoblong 0]

The EAD came shortly after, and solved this problem! Now we are waiting on the interview to get his permanent residency status.. Says it's been "to be scheduled for an interview" since January, and still no word!

Thank you for your help, I really do appreciate it! Did you have a similar experience waiting a long time for an interview?

[Darnell 8,478]

Thanks for the follow up !

The vista opens widely, with an EAD card in hand !