Stuck in K1 visa/AOS limbo: what to do about an ID?

[spatial 0]

Hi all. My wife (K1 visa) filed her AOS two weeks ago today. The check was cashed on Tuesday, so we're expecting some sort of a letter/NOA from USCIS in the near future.

Here's the question; we tried going down to the Motor Vehicle office to get her a learning permit, but the MVD wouldn't issue one. While the I-94 had already expired, the K1 visa was still good (until May 28th). Do they have a legitimate argument, or are they idiots (like I suspect).

If I get the letter from USCIS stating that here AOS is under review, will that be good enough to get her learning permit?

In addition, we would like to travel by plane (within the US) this summer. As far as a legitimate ID goes, will the soon-to-be expired K1 visa in her passport be a problem?

[YuAndDan 153]

The K-1 is VOIDED the moment it is used ti enter the USA, it is NO LONGER VALID. The expiration date on the K-1 is the last day it can be used to enter the USA, nothing more.

Most states require evidence of legal presence before they will issue a state ID, Evidence of legal presence ususaly is an Un-expired I-94, an EAD card, or a Green-card.

As for traveling while AOS is pending, the foreign passport is fine for ID the visa and I-94 can be expired, and carry a copy of I-485 NOA1 letter as proof of AOS pending status.

Moving to work/travel prior to green-card.

Edited May 15, 2009 by YuAndDan

[spatial 0]

Thanks for the quick reply. So there's no way to apply for her state ID or a learner's permit until either her I-485 or EAD is approved? Do they actually consider her to be here illegally then?

[YuAndDan 153]

Thanks for the quick reply. So there's no way to apply for her state ID or a learner's permit until either her I-485 or EAD is approved? Do they actually consider her to be here illegally then?

My wife entered the USA on a K-1, and the first US Issued ID she got was her green-card.

A K-1 in the USA pending AOS is not here illegally, they are PENDING AOS.

Nothing to worry about.

[spatial 0]

Well, what do you know! While I was typing my last reply, we received both the I-485 and I-765 NOAs from the mailman!

[spatial 0]

A related question; now that we know that she can travel by plane, do I buy her tickets under her new married name (as stated on her I-485 NOA) or under her old maiden name (as stated in her passport)? Thanks again.

[YuAndDan 153]

A related question; now that we know that she can travel by plane, do I buy her tickets under her new married name (as stated on her I-485 NOA) or under her old maiden name (as stated in her passport)? Thanks again.

Best to book the tickets in the name of the ID that you will be using when traveling (PASSPORT).

[damulag 26]

In Ohio my wife was able to get her state ID with the NOA of her AOS paperwork along with her passport showing legal entry on her K-1. I think was only good for 1 year and to renew it you needed an EAD or green card. This was in 2005 so it could have changed by now but you should look into it where you live.