AOS in process K1 expires..

[Am205 2]

I have a m quick question I was hoping someone could help with. My husband came to the US on a K1 visa we got married and filed in January, his K1 visa expires on February 14th (ironic I know) but I was wondering does that mean he would be considered out of status since the AOS is in process but has yet to be approved or anything.

A side question is that he passed his permit written drivers (since he didn't have one in his country) and they BMV suggested they only issue his permit when he has the green card approved? I'm confused could that possibly be also his EAD? Since it comes quicker?

[Dave&Roza 748]

I have a m quick question I was hoping someone could help with. My husband came to the US on a K1 visa we got married and filed in January, his K1 visa expires on February 14th (ironic I know) but I was wondering does that mean he would be considered out of status since the AOS is in process but has yet to be approved or anything.

A side question is that he passed his permit written drivers (since he didn't have one in his country) and they BMV suggested they only issue his permit when he has the green card approved? I'm confused could that possibly be also his EAD? Since it comes quicker?

First, the K-1 visa is void as he used it to enter the US--it is a one entry visa. His status is dependent on the expiration of his I-94. Once the I-94 expires, he is out of status, however; you have filed the AOS. Once the NOA1 is received, he is in a state of authorized stay. He cannot work without the EAD or GC. He cannot leave and re-enter the US without the AP or GC. There is a small possibility that he can have issues should he get stopped at an internal CBP check point while his case is pending.

Each DVM is different as to what they will issue and for how long. Once he has his GC there should be no issues, but until then it is up to the state you reside in as to what documentation they accept. Here in CO they give a DL to anybody--legal or illegal..er undocumented aliens.

Dave

[JDWright 30]

The K1 is void on entry, the i94 has a 90 day window before expiration, once you're married in that window your partner is safe. He can remain in the US. He will be out of status, but that is forgiven. Apply for AoS and he will all under the category of "period of stay authorized by the Attorney General" while pending AoS.

The DMV can only issue to persons who have a valid i94 or green card.

[Am205 2]

I understand thanks so much guys for this clarification, I hope his process can speed up a bit!

[Ebunoluwa 6,136]

The K1 is void on entry, the i94 has a 90 day window before expiration, once you're married in that window your partner is safe. He can remain in the US. He will be out of status, but that is forgiven. Apply for AoS and he will all under the category of "period of stay authorized by the Attorney General" while pending AoS.

The DMV can only issue to persons who have a valid i94 or green card.

Depends on the state, we got ours with the NOA1 (AOS) and many can get it with the EAD.