I-94 Expiration

[mcuzin1985 13]

My Wife came to the United States on a K-1 Visa. Got married 10 days after we arrived in the states. Got her social security card and filed for the AOS process immediately after that. We received the notification of receipt on the 25th of February. Her I-94 expires on the 29th of April 2014.

To my question, when she goes to get a CA driver's license, will it expire on the 29th of April, and if so what documents will she need to bring in order to get her D/L extended?

Also, as of right now she is carrying around her I-94 that shows her I-94 number along with the expiration date. On 30 April 2014, what should she be carrying with her at all times? I am going to take a shot at it and say the official notice of receipt paperwork received from USCIS?

Any help would be great.

Mike

[aussie_jason 195]

She may or may not be able to get a DL with her I-94, it depends on the state and I don't know about CA, she may need to wait until she gets her EAD, which is also what she would need to extend it if she did get it under her I-94.

Edited March 6, 2014 by aussie_jason

[KayDeeCee 4,893]

Yes, she was in a new period of authorized stay when she filed for AOS, so the receipt notice proves she filed.

You need to find out the requirements for CA. It would most likely expire when the I-94 does. You can use the EAD to get a license.

[mcuzin1985 13]

Thanks for the great answers. So she will jsut go to the DMV with her I-94 and social security card, and then just get it updated once she receives her EAD card.

How long are the EAD cards good for?

[KayDeeCee 4,893]

One year.

[mcuzin1985 13]

Ok, thanks!!!

[rjm_cmyk 75]

The DMV (CA) would only issue me a drivers licence if I had 60+days remaining on whatever document proved my legal presence. In my case it was my I-94 which didn't have 60days so they said come back when you have a suitable document with more than 60 days on it.....

[Tigerpaw1129 1]

The DMV (CA) would only issue me a drivers licence if I had 60+days remaining on whatever document proved my legal presence. In my case it was my I-94 which didn't have 60days so they said come back when you have a suitable document with more than 60 days on it.....

Same for my wife. less than 60 days and they wont issue DL.. Need green card after that.

[mcuzin1985 13]

So I am guessing once she gets her EAD she will be able to get it. Thanks everyone for the 2 people from CA

[Mafia_girl 1]

hi there

I was also trying to get a learner's permit in OK but they needed either a work permit or Green card to get started. I also got my SSN with work authorization from DHS and I am working now even without my work permit issued yet. But the SSN wasnt enough to apply for a driver's permit, not even to take the written exam... we presented our marriage cert, my 1-94 and my passport but it wasnt enough.

As for the 1-94 expiring, your wife can apply for a state ID (in your case CA) for her to carry around town... in OK i got mine after getting my SSN and its what im carrying around as a form of identification. The state ID states that its just an ID and not a driver's license ID. I have not been asked by any police or any officers to show my ID.

hope it helps...

and dont worry abt her 1-94 expiring, as long as you get married within 90 days of arrival then she will be fine...

[KayDeeCee 4,893]

You are working illegally, but that was established on another post you made about doing so. It is not legal for your employer to employ you without you being authorized to work either. http://www.visajourney.com/forums/topic/479191-up-to-when-k1-can-file-aos-and-can-k2-apply-for-us-passport/?p=6847508

The state ID works the same as the drivers license. You need proof of residency to get a government ID, whether or not it allows you to drive. Getting a state ID with the I-94 will mean it would expire when the I-94 does, and the state ID my husband got with his EAD was marked as temporary and valid only for as long as his EAD was, just the year. He was able to get a non-temporary state ID after receiving his green card.

As to the part about being fine if the I-94 expired but you married in time.. most likely they would be. However, if they had not filed for AOS, then once the I-94 expires, they would be out of status and the small chance of being detained is a real one when one is out of status. Being married to a USC alone does not grant you any legal status in the US.

[mcuzin1985 13]

Thank you all for your responses!!! I have yet again learned a lot from this single post.