Question about visa/IDs after 90 days

[Crazy Cat 39,222]

Just now, Shiran said:

What we did is apply for SSN right away, then the moment we got it, we got a State ID, which for us (California) is good for 4 years and looks pretty much the same as California DL (but it doesn't actually allow to drive) We also had no issues opening checking account. With SSN and passport (did it before we got State ID)

 

If have not applied or cannot get State ID, then it is suggested to carry Ukrainian passport and NOA1 from I-485 (Form I-797C) along with copy of the marriage certificate. 

Smart strategy........imho.

[Shiran 1,134]

41 minutes ago, seganku said:

I am also a bit fuzzy on this point.  I do have the I-797C (NOA1) for the I-485 (right in front of me), and I don't see anywhere on it where it has any mention of "authorized stay".  I feel like she should really carry around a huge packet of papers with her everywhere she goes .. also, that seems like a terrible idea, and a quick way to lose paperwork.  Gah!

Make a copy of it.

 

And I agree, the system is preposterous. NOA1 doesn't really "prove" anything because in reality maybe you were denied, and do not in fact have "authorized stay" but unless someone actually check with USCIS they won't know that, and I do not expect every random peace officer to be versed enough in arcane finer points of "out of status but in authorized state" Still carrying a copy of NOA1 for I-485 is pretty much the only thing you can do if you didn't hassle to get State ID card while I-94 was still valid (or were not allowed by your state regulations)

 

It is stupid but it is the only thing we can do. See here: https://www.avvo.com/legal-answers/how-can-a-person-prove-during-internal-cbp-stop-th-4307244.html

[Crazy Cat 39,222]

2 minutes ago, Shiran said:

Still carrying a copy of NOA1 for I-485 is pretty much the only thing you can do if you didn't hassle to get State ID card while I-94 was still valid (or were not allowed by your state regulations)

 

The NOA1 at least give a reference by which the authorities can check.....otherwise, what else would a person have to defend their position?

[Crazy Cat 39,222]

9 minutes ago, Shiran said:

NOA1 doesn't really "prove" anything

It would be great if "authorized Stay" was printed on every I-485 NOA1. 

[Shiran 1,134]

2 minutes ago, missileman said:

The NOA1 at least give a reference by which the authorities can check.....otherwise, what else would a person have to defend their position?

You mean right now, or in ideal world? In ideal world EADs for married K-1 holders should be expedited to be complete within 90 days of filing (or less) and NOA1 for I-485 should bear a note granting 365 days of Authorized stay unless denied with a way for LEOs to be able to check this from their vehicles. This is XXI century, we can put a freaking remotely controlled golf cart on Mars,  so providing up to date information about someone who legally entered the country should not be an impossible to solve task. 

 

I am just frustrated by the system.

[seganku 53]

23 minutes ago, Shiran said:

What we did is apply for SSN right away, then the moment we got it, we got a State ID, which for us (California) is good for 4 years and looks pretty much the same as California DL (but it doesn't actually allow to drive)

This is smart and exactly what we will do next week.

 

Thank you!

[JP5380 4]

Thanks for all the responses. I will try to get a state ID for her.  Not sure if a child can get one, or if it's even needed. At least we have a SSN for her, but that doesn't prove much of anything about legal status in the country (or at least I don't think so). 

[seganku 53]

13 hours ago, JP5380 said:

Thanks for all the responses. I will try to get a state ID for her.  Not sure if a child can get one, or if it's even needed. At least we have a SSN for her, but that doesn't prove much of anything about legal status in the country (or at least I don't think so). 

Children should very rarely ever need to prove their immigration status.  I never carried any form of ID when I was a child until I got my Driver's License.  My son (13) carries no photo ID.  TSA does not require accompanied minors (under 18 years old) to show ID to get on domestic flights in the US.

 

It appears that children can get a Real ID in some cases.  For Ohio, see: https://services.dps.ohio.gov/BMVOnlineServices/DL/AcceptableDocuments

[seganku 53]

On 5/11/2019 at 3:13 PM, Shiran said:

What we did is apply for SSN right away, then the moment we got it, we got a State ID, which for us (California) is good for 4 years and looks pretty much the same as California DL (but it doesn't actually allow to drive) We also had no issues opening checking account. With SSN and passport (did it before we got State ID)

Well drat.  This did not work for us.  Our I-94 is only valid for another two weeks, and the DMV wanted it to be valid for 60+ days.  I kinda got the feeling that the DMV worker was "optionally enforcing" that criteria, as it was mentioned nowhere on the website.  While technically possible, it leaves very little room for delay (with the waiting for SS card and maybe marriage certificate for a name change).

 

The DMV worker suggested that we have our I-94 extended/updated with a new departure date.  It really sounds like that isn't possible, from the USCIS website.  It sounds like quasi-legal immigration status limbo is part of the design.  It does not seem like a good design.

 

[Shiran 1,134]

25 minutes ago, seganku said:

This did not work for us.  Our I-94 is only valid for another two weeks, and the DMV wanted it to be valid for 60+ days. 

Yes, the window to get State ID is pretty narrow, and since getting SSN is prerequisite, that can leave very little room for when you can apply. Seeing how you are in CA I should also mention the ID that she got was State "Limited" ID, not real ID (in upper right corner it says Federal Limitation Apply" instead of having a bear with a star on its butt) but from my experience plenty of people have IDs like that instead of Real IDs so I am not sure it is an issue. 

 

She got carded for the first time the other day buying wine at supermarket for her Mother-in-Law, so that was a new experience.