My nonimmigrant status (I-94) has expired, while I am waiting for my I-485 to be adjudicated, which I applied for while the I-94 was still valid. What is my current immigration status?

[Sami1994 0]

Went to the DMV and was told  that my nonimmigrant status (I-94) has expired, even while I am waiting for my I-485 to be adjudicated, which I applied for while the I-94 was still valid. What is my current immigration status?

The DMV cannot issue a driver's license as my I-94 says it's expired and I am worried about my status.

 

I have also been unable to open a bank account locally as I still haven't been given an SS number.
I applied for the work permit and AP documents concurrently with my I-485.

 

Appreciate any help or advice!

[Dashinka 23,242]

If you have your NOA from your AOS application, then you are fine.  There really is no category for that status other than you are still legal awaiting the AOS adjudication.  You are right, the DMV will not be able to do anything at this point.

 

Good Luck!

[Crazy Cat 39,222]

You have no legal status.  You are in a period of "authorized stay" in the US until the I-485 has been adjudicated.  

[Dashinka 23,242]

Just now, Lucky Cat said:

You have no legal status.  You are in a period of "authorized stay" in the US until the I-485 has been adjudicated.  

Yes,                                                                         this   ^^^^^^^^^^^^^^^^^

[Crazy Cat 39,222]

"Authorized Stay" just means you are not accruing unlawful presence right now, but it is not a legal status.

[Crazy Cat 39,222]

12 minutes ago, Sami1994 said:

Went to the DMV and was told  that my nonimmigrant status (I-94) has expired, even while I am waiting for my I-485 to be adjudicated, which I applied for while the I-94 was still valid. What is my current immigration status?

The DMV cannot issue a driver's license as my I-94 says it's expired and I am worried about my status.

 

I have also been unable to open a bank account locally as I still haven't been given an SS number.
I applied for the work permit and AP documents concurrently with my I-485.

 

Appreciate any help or advice!

This is one of the major disadvantages of a K-1 visa.....the period between arriving and receiving a Green Card/EAD.

[Crazy Cat 39,222]

****This topic has been moved to Adjustment of Status from K-1 discussion area****

[Sami1994 0]

thank you for all the responses!

It's definitely a tough 'grey area' as apparently the EAD can take up to around 11 months currently... So I'm struggling as I have been unable to open a bank account without it, unable to get a drivers licence, and obviously not being able to earn money either. My bank accounts at home want me to close the accounts as I am no longer living there, and same with my mobile phone contract being cut as I have been away from the country for too long. 
Already been waiting over half a year for the EAD/Adjustment of status.

[SalishSea 16,770]

16 minutes ago, Sami1994 said:

thank you for all the responses!

It's definitely a tough 'grey area' as apparently the EAD can take up to around 11 months currently... So I'm struggling as I have been unable to open a bank account without it, unable to get a drivers licence, and obviously not being able to earn money either. My bank accounts at home want me to close the accounts as I am no longer living there, and same with my mobile phone contract being cut as I have been away from the country for too long. 
Already been waiting over half a year for the EAD/Adjustment of status.

The bank account issue could  have been prevented by applying for an SSN right after POE/before marriage.   Just pointing this out for future readers.

[mushroomspore 3,043]

26 minutes ago, Sami1994 said:

thank you for all the responses!

It's definitely a tough 'grey area' as apparently the EAD can take up to around 11 months currently... So I'm struggling as I have been unable to open a bank account without it, unable to get a drivers licence, and obviously not being able to earn money either. My bank accounts at home want me to close the accounts as I am no longer living there, and same with my mobile phone contract being cut as I have been away from the country for too long. 
Already been waiting over half a year for the EAD/Adjustment of status.

Which banks have you tried? Perhaps things have changed since 2013 but back then, I was able to open a bank account with Wells Fargo. I was here on a student visa, no SSN, no credit history, no American ID. 

[JKLSemicolon 327]

7 hours ago, Jorgedig said:

The bank account issue could  have been prevented by applying for an SSN right after POE/before marriage.   Just pointing this out for future readers.

COVID might have prevented OP from getting a SSN (as it did for us last year with local offices only accepting emergency appointments for those with job offers in hand), but hopefully future readers will not have that hurdle to deal with.

 

Regardless, it is possible to open a bank account without a SSN. Do a search on this forum for W8-BEN and you might find some banks that others used.

[Sinead91 242]

1 hour ago, JKLSemicolon said:

COVID might have prevented OP from getting a SSN (as it did for us last year with local offices only accepting emergency appointments for those with job offers in hand), but hopefully future readers will not have that hurdle to deal with.

 

Regardless, it is possible to open a bank account without a SSN. Do a search on this forum for W8-BEN and you might find some banks that others used.

Yes, I had no SSN when I arrived because of office closure and was able to be added to my husbands account. It took a LOT of time and going back and forth but some banks can work with a W8-BEN! (USAA) 

 

OP it also depends on your state. In WA for example I was able to get my license while I was waiting for my GC (I had an NOA1 but it wasn’t required)

[Duke & Marie 1,389]

11 hours ago, Sami1994 said:

thank you for all the responses!

It's definitely a tough 'grey area' as apparently the EAD can take up to around 11 months currently... So I'm struggling as I have been unable to open a bank account without it, unable to get a drivers licence, and obviously not being able to earn money either. My bank accounts at home want me to close the accounts as I am no longer living there, and same with my mobile phone contract being cut as I have been away from the country for too long. 
Already been waiting over half a year for the EAD/Adjustment of status.

Regions let you open an account with your passport and home countries tax ID number..

 

you can get a pay as you go sim with any outright purchase of a phone at Walmart, or if your phone is unlocked you can just get the sim.. 

 

drivers license is state specific but many states do accept your NOA and a letter from SSA saying your not eligible for SSN at this time, they have you fill out a form... I recommend you look closer into your states requirements since sometimes the people behind the counter don’t always know their own rules.. 

[Demise 1,096]

20 hours ago, Sami1994 said:

Went to the DMV and was told  that my nonimmigrant status (I-94) has expired, even while I am waiting for my I-485 to be adjudicated, which I applied for while the I-94 was still valid. What is my current immigration status?

The DMV cannot issue a driver's license as my I-94 says it's expired and I am worried about my status.

 

I have also been unable to open a bank account locally as I still haven't been given an SS number.
I applied for the work permit and AP documents concurrently with my I-485.

 

Appreciate any help or advice!

Technically you don't have one right now. Though you can answer that question with "pending AOS".

 

For driver's license and other things you basically have to wait for USCIS to approve your I-765 and issue you an EAD. That plus the I-485 receipt notice should be enough to prove legal presence for purposes of getting a driver's license.

[SalishSea 16,770]

8 hours ago, Demise said:

Technically you don't have one right now. Though you can answer that question with "pending AOS".

 

For driver's license and other things you basically have to wait for USCIS to approve your I-765 and issue you an EAD. That plus the I-485 receipt notice should be enough to prove legal presence for purposes of getting a driver's license.

The driver’s license issue depends entirely on the state.   Some states (like Washington) issue DLs without regard for immigration status.