Proof of "status" after filing I-485 (from a K-1)?

[David and Anna 118]

Hi,

 

We have run into a problem with our local state DMV/ID card Department.  We are in Wyoming.

 

They gave my K-1 fiance an ID card after she entered the USA that expired coincident with her visa expiration (we expected that).

 

Now that we have married and filed for AoS/EAD/AP and her K-1 visa has expired and her ID card has expired, she needs a new ID card (fyi - she is not changing her name).

 

The state is requiring an official document/source/link that shows an expiration date (or "good until" date) in order to issue her a new ID card (so that they can make that ID card expire when her visa/status/etc expires).

 

Of course with AoS from a K-1, we have no such document...

 

Can anyone think of a link/document/solution that we could take the State office to show them that she is "legally" in the USA until her I-485 is adjudicated?

 

(I realize "legal" may not be the correct term, let's not get hung up on that...I'm looking for something to support her ability to be in the USA while awaiting review of her AoS, regardless of what it is technically called)

 

(our back-up plan would be to wait for the EAD - which should be here in December roughly - which I'm told has a one year date on it and then get her ID or Driver's license.  But not having an ID card for several more months is concerning)

 

Thanks for any ideas/help/links you can think of.

 

Edited June 16, 2021 by David and Anna

[Boiler 43,401]

For most States EAD is the first thing you get that will meet those requirements.

[arken 4,197]

Not all dmv accept pending i485, it's up to the specific dmv. Some dmvs even list pending i485 as an acceptable document on their websites.

 

Passport can be used as ID for the time being.

 

If you are looking for some paperwork to show such, is called period of authorized stay by attorney general.

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF
 

At the same time, per 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

uscis itself says - 

A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant. In addition, a pending application or petition does not automatically afford protection against removal if the noncitizen’s status expires after submission of the application. The noncitizen may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved. 

 

[Crazy Cat 39,193]

It appears that Wyoming requires either a Green Card or an EAD.

http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Driver_Services/Forms/Document requirements 20201124b.pdf

[David and Anna 118]

9 minutes ago, arken said:

Not all dmv accept pending i485, it's up to the specific dmv. Some dmvs even list pending i485 as an acceptable document on their websites.

 

Passport can be used as ID for the time being.

 

If you are looking for some paperwork to show such, is called period of authorized stay by attorney general.

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF
 

At the same time, per 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

uscis itself says - 

A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant. In addition, a pending application or petition does not automatically afford protection against removal if the noncitizen’s status expires after submission of the application. The noncitizen may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved. 

 

Thanks.  I skimmed thru the first link and didn't find anything relevant or the phrase you mentioned.  Not asking you to find it, but am asking if you know what page its on already?  TIA.

[David and Anna 118]

10 minutes ago, Lucky Cat said:

It appears that Wyoming requires either a Green Card or an EAD.

http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Driver_Services/Forms/Document requirements 20201124b.pdf

thanks.  Yup, in conversations they have also said they will accept I-797's too, but they have to have some sort of "extended until" or "expires on" date.  Of course the K-1 to AoS I-485 NOA1 on form I-797 has no such date.  So they are unsure how to proceed.  (and as I mentioned and you point out, waiting for the EAD is our back-up plan)

 

EDIT:  I should add/reiterate, that the people at the DMV are open to "having us show some sort of document that says she can stay until her GC is adjudicated".  So they are willing to be flexible, thus my request for something else that might say something close to that.  Considering tens of thousands of K-1 AoS applicants are relying on this "rule" to stay in the USA until they get their GC, one would think such a rule exists in writing someplace...but I've looked a fair bit and not found it.  Thus my turning for help here...

Edited June 16, 2021 by David and Anna

[Chancy 6,233]

15 hours ago, David and Anna said:

asking if you know what page its on already?

 

Page 9.  The relevant part to highlight is -- DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending.  In this sense, the alien's remaining can be said to be "authorized."

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF

 

[Jöla 27]

Keep trying with different DMV locations, employees, DMV hotlines (level 2 support), etc. If none of that works, see if there is a DMV constituent office you could involve.

 

The DMVs are able to use an I-797C to look you up in USCIS' SAVE system.

 

I also applied for a DL in Arizona, and while the DMV website clearly states you need an EAD, and after being told different things by every operator I talked to, I kept trying until I found the right person in the right location who knew what they're doing.

They issued my AZ DL valid for 1 year from the NOA date shown on the I-797C yesterday.

 

And I agree, this is something that should be addressed and fixed for the presumably thousands of immigrants who end up in the same exact situation every year, causing unnecessary stress for us and costs for the DMVs across the country!

[stuckonyou 75]

On 6/16/2021 at 9:53 AM, David and Anna said:

Hi,

 

We have run into a problem with our local state DMV/ID card Department.  We are in Wyoming.

 

They gave my K-1 fiance an ID card after she entered the USA that expired coincident with her visa expiration (we expected that).

 

Now that we have married and filed for AoS/EAD/AP and her K-1 visa has expired and her ID card has expired, she needs a new ID card (fyi - she is not changing her name).

 

The state is requiring an official document/source/link that shows an expiration date (or "good until" date) in order to issue her a new ID card (so that they can make that ID card expire when her visa/status/etc expires).

 

Of course with AoS from a K-1, we have no such document...

 

Can anyone think of a link/document/solution that we could take the State office to show them that she is "legally" in the USA until her I-485 is adjudicated?

 

(I realize "legal" may not be the correct term, let's not get hung up on that...I'm looking for something to support her ability to be in the USA while awaiting review of her AoS, regardless of what it is technically called)

 

(our back-up plan would be to wait for the EAD - which should be here in December roughly - which I'm told has a one year date on it and then get her ID or Driver's license.  But not having an ID card for several more months is concerning)

 

Thanks for any ideas/help/links you can think of.

 

 

I don't understand why an ID for her is needed in the first place? Isn't the passport good enough? Or if she has some ID from her home country?

 

After you get the AOS NOA1 that would be your proof that it's okay for her to be here, right? And before that you have the entry stamp in the passport stating when your 90 days are up... Or did I miss something? I never got an ID when I came here in April and have just been carrying my passport around with me in my purse... 😅

[David and Anna 118]

13 hours ago, Chancy said:

 

Page 9.  The relevant part to highlight is -- DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending.  In this sense, the alien's remaining can be said to be "authorized."

https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF

 

Thank you!