Extension of I-94/K-1 Visa After Entry & Marriage in the U.S.

[Ritch 0]

My wife (fiance at the time) entered the U.S. in early September and had received the I-94 Form at her POE which was San Francisco, CA. Her I-94 is valid until early December which marks the 90 day mark from when she entered.

After our marriage shortly after she entered the country, we filed for her AOS (I-485 and I-765) towards the end of September. She has gone in for her biometrics and there was a RFE which was I responded to by mail earlier this week.

I had two questions in this context -

1. After her I-94 expires and if she hasn't received an approval for her I-485/I-765, is she technically illegal in this country? Hypothetically, if she gets pulled over by a police officer, is there a clear and straightforward way to prove that she has the right to be in the U.S.?

2. She passed her California Driver's License road test yesterday but the DMV refused to issue her a Driver's License because her I-94 was valid for less than 60 days. Supposedly there's a new rule (at least in California) which was implemented from Jan of this year which imposes this restriction and the DMV system doesn't even allow the applications to be entered. The DMV has asked for any kind of paperwork which extends her I-94 to prove that she has a right to be in this country beyond early December. Is there an way to obtain something like this?

Thank you for all your help!

[Neonred 3,652]

My wife (fiance at the time) entered the U.S. in early September and had received the I-94 Form at her POE which was San Francisco, CA. Her I-94 is valid until early December which marks the 90 day mark from when she entered.

After our marriage shortly after she entered the country, we filed for her AOS (I-485 and I-765) towards the end of September. She has gone in for her biometrics and there was a RFE which was I responded to by mail earlier this week.

I had two questions in this context -

1. After her I-94 expires and if she hasn't received an approval for her I-485/I-765, is she technically illegal in this country? Hypothetically, if she gets pulled over by a police officer, is there a clear and straightforward way to prove that she has the right to be in the U.S.?

2. She passed her California Driver's License road test yesterday but the DMV refused to issue her a Driver's License because her I-94 was valid for less than 60 days. Supposedly there's a new rule (at least in California) which was implemented from Jan of this year which imposes this restriction and the DMV system doesn't even allow the applications to be entered. The DMV has asked for any kind of paperwork which extends her I-94 to prove that she has a right to be in this country beyond early December. Is there an way to obtain something like this?

Thank you for all your help!

You need to read here more often and search. This question is asked every week. No, she is not illegal as you did marry within the 90 days. Your NOA for the I-485 also shows you have taken the next step to adjust status.

In Florida the NOA is sufficient to obtain a state ID or drivers license.

[Brazilitaliana 0]

My wife (fiance at the time) entered the U.S. in early September and had received the I-94 Form at her POE which was San Francisco, CA. Her I-94 is valid until early December which marks the 90 day mark from when she entered.

After our marriage shortly after she entered the country, we filed for her AOS (I-485 and I-765) towards the end of September. She has gone in for her biometrics and there was a RFE which was I responded to by mail earlier this week.

I had two questions in this context -

1. After her I-94 expires and if she hasn't received an approval for her I-485/I-765, is she technically illegal in this country? Hypothetically, if she gets pulled over by a police officer, is there a clear and straightforward way to prove that she has the right to be in the U.S.?

2. She passed her California Driver's License road test yesterday but the DMV refused to issue her a Driver's License because her I-94 was valid for less than 60 days. Supposedly there's a new rule (at least in California) which was implemented from Jan of this year which imposes this restriction and the DMV system doesn't even allow the applications to be entered. The DMV has asked for any kind of paperwork which extends her I-94 to prove that she has a right to be in this country beyond early December. Is there an way to obtain something like this?

Thank you for all your help!

Hmm, I can't help you with all your questions, but I'm in the same situation. I got married in July, few weeks before my I-94 expired. My husband jokes around saying I'm "illegal", but as long as we are waiting for the approval of our case (our interview is in 7 days), I should be fine. I have not tried to get a driver's license yet, as for I thought I needed the GC fin order to get a license (I'm also in CA, near Fresno). I don't know if there's a way to prove that your wife has a "right" to be here before her I-485 gets approved. This has always been a "gray area" to me. I just try to stay away from any trouble. I was even volunteering but the project turned out to be suspicious, so I left because I feared getting in any kind of trouble while I'm "illegal".

[John & Annie 0]

Having been through this expirience. The CA DMV will only accept the I797A. We have gone round and round with them. Even had congressional aides call to no avail.

We are in Limbo until we get the GC, or Approval letter. DMV states it take at least 10 days for it ti be accessible in the SAVE system.

Oh and no, not illegal, but "out of Status". Annie does carry a copy of the visa and a copy of the marriage license to prove a chain of events.

Edited October 20, 2006 by John & Annie

[Waiting in Vancouver 6]

You are not considered "illegal" when you are after your I-94 expires and waiting for green card ... I think you are kinda nothing, in limbo, don't exist heheh ...

Basically you are not going to get kicked out of the country if that is what you are worried about ...

[rebeccajo 14]

Having been through this expirience. The CA DMV will only accept the I797A. We have gone round and round with them. Even had congressional aides call to no avail.

We are in Limbo until we get the GC, or Approval letter. DMV states it take at least 10 days for it ti be accessible in the SAVE system.

Oh and no, not illegal, but "out of Status". Annie does carry a copy of the visa and a copy of the marriage license to prove a chain of events.

They won't accept the I797C Receipt Notice or the EAD?

There's been loads of discussions in this forum about what you are called when you are

'between'.

The correct term is 'petitioner to adjust status to permanent resident'.

Edited October 20, 2006 by rebeccajo

[Kez/JWolf 6]

You are not illegal..... you are not out of status....

Your Current immigration status is:- Adjustment Pending

This allows you to remain in the US until a desission has been made on your AOS...

Kezzie

[meauxna 15]

Oh and no, not illegal, but "out of Status". Annie does carry a copy of the visa and a copy of the marriage license to prove a chain of events.

Here's a good thread where an immigration attorney explains what you are after an I-94 expires. This isn't specific to a K-1, but describes a post I-485 'pending status as "PRUCOL" [permanently resident under color of law].

http://britishexpats.com/forum/showthread.php?t=354333&

[aidan80 9]

Your NOA for the I-485 also shows you have taken the next step to adjust status.

In Florida the NOA is sufficient to obtain a state ID or drivers license.

I believe the rules in Florida don’t currently allow for using an NOA to obtain a drivers license or ID card. I could very well be wrong there... unless you got lucky or got in before the rules changed? When I got my license a number of weeks back, I needed to have proper documentation, they weren’t interested in NOA’s or in AOS Interview Notices… just something from their list..

[Neonred 3,652]

Your NOA for the I-485 also shows you have taken the next step to adjust status.

In Florida the NOA is sufficient to obtain a state ID or drivers license.

I believe the rules in Florida don’t currently allow for using an NOA to obtain a drivers license or ID card. I could very well be wrong there... unless you got lucky or got in before the rules changed? When I got my license a number of weeks back, I needed to have proper documentation, they weren’t interested in NOA’s or in AOS Interview Notices… just something from their list..

Worked for us last month. In fact the girl there told us we needed the "torch" letter. I didn't understand what that was until the NOA arrived with that faint orange torch symbol in the center. Anyway we have the ID card now but still waiting for the green card.

[belladona_ph 0]

Hello,

In answer to your question 1 : when i submitted my AOS my I-94 was already expired. I did some reading here in visa journey and that guaranteed me that wouldn't be a draw back. So at least I can have my married identity, I got a state ID, then applied for SSN and yes applied for EAD. I also got my drivers permit and will be getting a license this month. I got all those legal IDs. You can always tell them that AOS was already filed and you are going though all the process.. they should know that better.

as to question # 2: present her passport, marrigae certificate, letter of notice from USCIS etc..

I guess different strokes for different folks...

good luck!

quote name='Ritch' date='Oct 20 2006, 02:21 PM' post='518953']

My wife (fiance at the time) entered the U.S. in early September and had received the I-94 Form at her POE which was San Francisco, CA. Her I-94 is valid until early December which marks the 90 day mark from when she entered.

After our marriage shortly after she entered the country, we filed for her AOS (I-485 and I-765) towards the end of September. She has gone in for her biometrics and there was a RFE which was I responded to by mail earlier this week.

I had two questions in this context -

1. After her I-94 expires and if she hasn't received an approval for her I-485/I-765, is she technically illegal in this country? Hypothetically, if she gets pulled over by a police officer, is there a clear and straightforward way to prove that she has the right to be in the U.S.?

2. She passed her California Driver's License road test yesterday but the DMV refused to issue her a Driver's License because her I-94 was valid for less than 60 days. Supposedly there's a new rule (at least in California) which was implemented from Jan of this year which imposes this restriction and the DMV system doesn't even allow the applications to be entered. The DMV has asked for any kind of paperwork which extends her I-94 to prove that she has a right to be in this country beyond early December. Is there an way to obtain something like this?

Thank you for all your help!

[Anna C. 4]

It depends on the state. NC for example doesn't accept the NOAs as proof of legal residence. IN fact I was told everybody could fake those letters (?!?!?!?!?!). They said they need a Greencard or maybe the EAD would work too (they did not know what an EAD was and claimed they never heard of it). Anyway read the websites of your local DMV, that is where I found out that an EAD is sufficient, NOAs are not (in NC).

BTW some states will issue a DL right away by just showing your European license (I am not that lucky of course).

And we are not illegal even though some misinformed government clerks want to tell us (I was told so at the social security office).