Visa and I94 expired, fiance is still waiting for greed card / approval

[EdwardK 0]

My wife's K1 Visa and I-94 expired last month. We got married and filed timely and last week she went to get biometrics.

My wife wants to start driving but when we went to the DMV they told me they cannot give the tests because of the expired visa/green card.

The dmv officer told me that there must have been a temporary greencard or visa issued, otherwise she is in the US illegally.

I never read or heard of this.

Question is:

1) Can I get a temp visa or update her I-94 somehow? How long does this take?

2) Does this complicate her case or is she subject to removal?

3) How can she get a valid ID to do stuff like open a bank account, apply for driver licesne etc?

Thanks in advance

[VanessaTony 3,567]

My wife's K1 Visa and I-94 expired last month. We got married and filed timely and last week she went to get biometrics.

My wife wants to start driving but when we went to the DMV they told me they cannot give the tests because of the expired visa/green card.

The dmv officer told me that there must have been a temporary greencard or visa issued, otherwise she is in the US illegally.

I never read or heard of this.

Question is:

1) Can I get a temp visa or update her I-94 somehow? How long does this take?

2) Does this complicate her case or is she subject to removal?

3) How can she get a valid ID to do stuff like open a bank account, apply for driver licesne etc?

Thanks in advance

Firstly this person is wrong because you applied for AOS you are fine. You should have received notification that it's being processed.

Your wife is NOT in any trouble. Her status is "AOS pending" so she is fine, she's not illegal.

To answer your questions.

1. Not needed. You're fine because you applied for AOS

2. No not complicated, no not subject to removal

3. She can use her passport (I did) for the bank account. I haven't gotten this far yet but some places I heard allow the AOS pending notification to get a licence. Or she can just wait. Is her drivers licence from her country recognised here? My Aussie one is. I can drive but insurance is the issue (hire car only type stuff)

I see from your other post she's from Afghanistan. Did she find her passport?

Edited January 4, 2010 by Vanessa&Tony

[Eric-Pris 1,604]

The dmv officer told me that there must have been a temporary greencard or visa issued, otherwise she is in the US illegally.

This person does not know what he is talking about. Don't take immigration advice froma DMV paper-pusher.

There's a reason he works at the DMV.

Question is:

1) Can I get a temp visa or update her I-94 somehow? How long does this take? NO

2) Does this complicate her case or is she subject to removal? NO

3) How can she get a valid ID to do stuff like open a bank account, apply for driver licesne etc? ONCE SHE RECEIVES HER GREENCARD, SHE WILL BE ABLE TO

*In the mean time, carry a copy of the receipt (NOA) for the I-485. This is proof that you are adjusting status and are NOT in the US illegally. There's nothing to worry about as long as you already filed AOS.

[EdwardK 0]

Thanks for the help.

She did find her passport. Someone actually called us 2 days later that they found it which was a life saver.

I tried showing her AOS notice letter but they said they can't accept it. Since she got her finger prints, I'm hoping it will be another month or two at most till she gets her card. My wife is really anxious to start driving since she is stuck at home alone and I tend to have to work late.

[Bobby+Umit 161]

Thanks for the help.

She did find her passport. Someone actually called us 2 days later that they found it which was a life saver.

I tried showing her AOS notice letter but they said they can't accept it. Since she got her finger prints, I'm hoping it will be another month or two at most till she gets her card. My wife is really anxious to start driving since she is stuck at home alone and I tend to have to work late.

Most states will not accept the NOA from the AOS (Ohio will not) they only accept unexpired documents.

Plus Ohio would only issue the state ID for the length of time the I-94 was valid for. (so we managed to get it before that date (for bank accounts).

We had to wait for the actual GC to come in to get the drivers license.