Showing Proof of Legal Status

[ritac23 11]

Hey, everyone! I hope I'm posting in the right place. My question is this: how do I prove (to law enforcement, for example) that I am in the United States legally, now that I am waiting for my AOS to be processed?

 

I came to the US at the end of April on a K-1 visa. My I-94 and K-1 non-immigrant visa have both just expired, but my husband and I did get married in the required 90-day period. We sent off my AOS, EAD, and AP package yesterday (while the I-94 and K-1) were valid. My understanding is that yes, I am here legally. But I don't know what proof to show if law enforcement asks me to. Before, I would just show my I-94, but that's not an option any more.

 

On top of that, I would like to renew my driver's license, which expired at the same time as my I-94 (this was the document I used to show legal status). I assumed showing the I-797C form would work, but now I'm not so sure, since that form won't say my application has been approved.

 

Could anyone help me out here? Thank you!

[powerpuff 5,894]

Once you receive your NOA1, that would be your proof of authorized presence in the US while you wait for your petition to be adjudicated. I would carry a copy of that.

Meanwhile, I would carry proof of having mailed the application to USCIS just to have something to show in case you’re asked, although they’re not obligated to take that into consideration.

 

18 minutes ago, ritac23 said:

On top of that, I would like to renew my driver's license, which expired at the same time as my I-94 (this was the document I used to show legal status). I assumed showing the I-797C form would work, but now I'm not so sure, since that form won't say my application has been approved

You would need to refer to your state’s DMV website. Each state has its own rules.

Edited July 28, 2022 by powerpuff

[K1visaHopeful 2,662]

14 minutes ago, ritac23 said:

Hey, everyone! I hope I'm posting in the right place. My question is this: how do I prove (to law enforcement, for example) that I am in the United States legally, now that I am waiting for my AOS to be processed?

 

I came to the US at the end of April on a K-1 visa. My I-94 and K-1 non-immigrant visa have both just expired, but my husband and I did get married in the required 90-day period. We sent off my AOS, EAD, and AP package yesterday (while the I-94 and K-1) were valid. My understanding is that yes, I am here legally. But I don't know what proof to show if law enforcement asks me to. Before, I would just show my I-94, but that's not an option any more.

Passport and shipping receipt proving you mailed your documents to the I485 Lockbox allocated to your state is what is recommended until you receive I485 Noa1.

 

14 minutes ago, ritac23 said:

 

On top of that, I would like to renew my driver's license, which expired at the same time as my I-94 (this was the document I used to show legal status). I assumed showing the I-797C form would work, but now I'm not so sure, since that form won't say my application has been approved.

 

Could anyone help me out here? Thank you!

DL laws vary by state. 

In many states, a K1 cannot drive passed the 90 day period. 

Some states will allow DL renewal with I485 Noa1 but many will not. 

 

You can Google "(your state) driver's license non-US citizen" and look for the link to your state's DMV website explaining what documents you need in your state and whether a temp DL can be renewed. 

[EatBulaga 252]

Even with the NOA1 from I-485, we are having problems getting some government offices to accept the NOA1. ☹️😫

https://www.visajourney.com/forums/topic/786942-how-long-is-it-taking-to-get-noa1/?tab=comments#comment-10709695

 

[ritac23 11]

4 minutes ago, EatBulaga said:

Even with the NOA1 from I-485, we are having problems getting some government offices to accept the NOA1. ☹️😫

https://www.visajourney.com/forums/topic/786942-how-long-is-it-taking-to-get-noa1/?tab=comments#comment-10709695

 

Yeah, this process is definitely... something. I'm happy to hear confirmation from @K1visaHopeful and @powerpuff that the I-797C should be proof enough. If I were to go back and do things again, I'd just rush a wedding on the first days we were here and not leave everything to the last minute. I filed on the 89th day, right on the limit, so I'm holding my breath until getting all the paperwork in my hand. Something in me tells me I've screwed up and am in big trouble, but I'm a worrier by nature. Good luck to you and your wife!

[SteveInBostonI130 3,319]

2 hours ago, ritac23 said:

On top of that, I would like to renew my driver's license, which expired at the same time as my I-94 (this was the document I used to show legal status). I assumed showing the I-797C form would work, but now I'm not so sure, since that form won't say my application has been approved.

 

Most states require at least the EAD or EAD/AP combo card. 

 

Per IL DMV website:

Quote

U.S. Citizenship and Immigration Services (USCIS) Forms — I-551
(Permanent Resident Card); I-571 (Refugee Travel Document); I-
766 (Employment Authorization Card); I-797A (Notice of Action
Status Change); I-94 (Arrival/Departure Record) with Valid Pass-
port*

 

Looks like I-797C is not in that list.

[ritac23 11]

10 hours ago, SteveInBostonI130 said:

 

Most states require at least the EAD or EAD/AP combo card. 

 

Per IL DMV website:

 

Looks like I-797C is not in that list.

Once I get my I-797C I'll go to the DMV and see what they tell me. I'll update it here on this forum. Thank you for your reply!