Change of Status and I-94

[Mark Murphy 0]

Went to take my wife to get her drivers license today. They told her that she could not get due to her I 94 has expired. We have sent in the Change of Status package and received the I-797C and she had done her biometrics. The license agency told us that we have to go to immigration and get a I-551 stamp on her passport. Tried to make a appointment thru Info Pass, but was told appointments are not available. What do we do?

[noone 0]

Getting new or renewing expired documents sometimes (all the time) can be difficult when in I-751 loophole. I would suggest to go to another Department of Motor Vehicles in your vicinity and see if you have a better luck. It usually depends more on who is working rather than the exact procedure. As for info-pass appointment, you have to keep trying, sometimes you can do it right away however sometimes it can take hours or days of trying. Good luck!

[Mononoke28 135]

If you get the same schpill at another DMV office, you will most likely have to wait for either her EAD or actual green card to apply again.

Diana

[Kathryn41 3,205]

Went to take my wife to get her drivers license today. They told her that she could not get due to her I 94 has expired. We have sent in the Change of Status package and received the I-797C and she had done her biometrics. The license agency told us that we have to go to immigration and get a I-551 stamp on her passport. Tried to make a appointment thru Info Pass, but was told appointments are not available. What do we do?

While you are posting in the removing conditions forum it sounds like you are at the AOS stage, not the Removal of Conditions stage. If your wife has not already received her conditional greencard or has had her AOS approved, she is not eligible to get the I-551 stamp - that is only for permanent residents, and your wife is still an Adjustment applicant. The I-551 stamp is the same as the greencard and her greencard is not yet approved.

DMVs are increasingly requiring proof of immigration status that is valid for at least 1 year. I don't know if Illinois is one of those or not. Regardless, an infopass appointment will resolve nothing for you. You will need to wait until she receives either her EAD or her greencard. If she gets the EAD first, go asap to get the Driver's License since it is only valid for one year and you will want to get as close to a full year's access if Illinois requires a one year validity immigration document. Her driver's license will expire on the same date as her EAD - or if she gets her greencard first, as her conditoinal greencard.

Edited August 12, 2008 by Kathryn41

[Mark Murphy 0]

So it seems we are in limbo at this point. She can't drive, or work, until EAD comes. It make me a little nervous, we did everything we are supposed to do, K1, married in the 90 days, change of status soon after the marriage. Now her I-94 is out and we have nothing other than the receipts for the change of status package, that says she is currently legal. Seems like a major loophole. I am starting to understand why they are so many illegal immigrants here.

[AussieDude 0]

You might also be in the wrong forum. It doesn't sound like your wife has her green card yet. This forum is for those who already have a 2 year green card and are in the process of removing their conditions. You might have better luck in the K1/AOS forums. They may have similar experiences.

[EstebanTrabajos 7]

You might also be in the wrong forum. It doesn't sound like your wife has her green card yet. This forum is for those who already have a 2 year green card and are in the process of removing their conditions. You might have better luck in the K1/AOS forums. They may have similar experiences.

Incorrect buddy. This forum is for those who ARE adjusting status from a work, student or tourist visa not only for those who are lifting conditions, which may also apply. This forum is an AOS forum and as I see, Mark Murphy is NOT a K1 but an AOS petitioner.

Edited August 13, 2008 by GueraYTavo

[EstebanTrabajos 7]

Therefore, he is free to post in this forum because it applies to his situation. Check facts first before posting

[bluegreen 0]

I'm not sure if your wife was adjusting from K-1 or from a non-spousal visa, but I was not able to get my CO driver's license until I had my Greencard. I was not even able to get it with my EAD. I was, however, told I could drive on my Canadian license until then. I did not agree with this, but I asked at two separate places and was told the same thing and ran out of the desire to argue....apparently, this is because without a non-spousal visa and without a greencard, I was still really a visitor. But your profile says adjusting from K1, so maybe it's different. HOwever, you are posting in this forum, so maybe that's incorrect??