ID after marriage

[SarahDonaire 0]

Hello! 

 

We were married last week and we are currently waiting on the certified marriage certificate so we can send in the AOS and EAD. My question is after we file, what is his form of ID? Or proof he is here legally? His K1 visa expires October 7th, 2018. 

Edited August 2, 2018 by SarahDonaire

[geowrian 22,337]

The receipt notice (NOA1) from the I-485 is evidence of his authorized stay while the case is adjudicated. The EAD will be a photo ID card once that arrives, in ~3-6 months. Their passport is a form of photo ID as well.

I suggest also applying for AP (I-131) with your AOS application.

Edited August 2, 2018 by geowrian

[Orangesapples 1,954]

Why does he need proof that he's here legally? For buying alcohol, entering a bar, credit cards, even dealing with the police, etc, a passport is good enough and he doesn't need to prove his legal status to anyone. For legal status, that would be his stamped visa before his I-94 expires and after that, his AOS NOA1. But I doubt he will ever need to prove his status to anyone, you need that when you get a job (not possible before he gets his EAD) and when you reenter the country (again not possible before AP). If his state allows him to get a driver's license then he can use that for ID. 

[geowrian 22,337]

Having evidence of legal status and/or authorized stay can be useful for any time you encounter CBP or ICE agents. For example, border checkpoints, occasionally at TSA checkpoints (usually around the border), random stops within 100 miles of any part of the US border (i.e. when using public transit, ICE have sometimes performed immigration status checks), etc. One should not be put into removal for not having this on them, but it would certainly not be an enjoyable experience to be detained while they figure it out.

 

The NOA1 may be necessary to obtain a state ID or driver's license in some states, either because one applied for it after the 90 days expired OR the state doesn't permit K-1 holders to obtain said ID.

Some colleges may require evidence of legal status for enrollment.

Some banks may require evidence of status to obtain a bank account.

[Orangesapples 1,954]

3 minutes ago, geowrian said:

Having evidence of legal status and/or authorized stay can be useful for any time you encounter CBP or ICE agents. For example, border checkpoints, occasionally at TSA checkpoints (usually around the border), random stops within 100 miles of any part of the US border (i.e. when using public transit, ICE have sometimes performed immigration status checks), etc. One should not be put into removal for not having this on them, but it would certainly not be an enjoyable experience to be detained while they figure it out.

 

The NOA1 may be necessary to obtain a state ID or driver's license in some states, either because one applied for it after the 90 days expired OR the state doesn't permit K-1 holders to obtain said ID.

Some colleges may require evidence of legal status for enrollment.

Some banks may require evidence of status to obtain a bank account.

But how would a US citizen prove their status to ICE? Most people don't carry passports or birth certificates with them and if they use the bus they probably don't even have a driver's license. 

 

[geowrian 22,337]

5 minutes ago, Orangesapples said:

But how would a US citizen prove their status to ICE? Most people don't carry passports or birth certificates with them and if they use the bus they probably don't even have a driver's license.

They may not carry a BC or passport on them, but people do tend to carry some form of photo ID (especially since it is necessary for some public transit and airlines). Whether they will take you at your word that you are a USC or not is another issue...or they could run a check.

A false claim to US citizenship is an unwaivable permanent bar.

 

For example, Greyhound has been in the news in the past few years for allowing CBP to board their buses and check immigration status. One such example is in the link below, but a quick Google search shows several other instances of this, including in recent years. I am not holding up the source as a perfect example, just one of many examples.

https://www.miamiherald.com/news/local/immigration/article196016724.html

https://www.snopes.com/fact-check/customs-agents-bus-citizenship/

[debbiedoo 2,339]

As others have said, The NOA1 from the I-485 is proof he is allowed to be here while waiting for AOS. passport serves as an ID for general purposes should he need it.

 

make a copy of the NOA1 and have him keep it in his wallet on the very off chance he needs it (pretty unlikely under normal scenarios but possible)

 

He will also have a social security card, which wont allow him to work (yet) but serves as a secondary (non photo) ID. 

[Orangesapples 1,954]

4 hours ago, debbiedoo said:

As others have said, The NOA1 from the I-485 is proof he is allowed to be here while waiting for AOS. passport serves as an ID for general purposes should he need it.

 

make a copy of the NOA1 and have him keep it in his wallet on the very off chance he needs it (pretty unlikely under normal scenarios but possible)

 

He will also have a social security card, which wont allow him to work (yet) but serves as a secondary (non photo) ID. 

You're not supposed to carry your social security card with you at all times, the cars says so! Not to mention the identity theft risk 

[debbiedoo 2,339]

11 minutes ago, Orangesapples said:

You're not supposed to carry your social security card with you at all times, the cars says so! Not to mention the identity theft risk 

 some people live life on the edge.