State ID- confused

[K + M 47]

Called my local DMV, about what paperwork is required to bring up to get my wife's state ID (my bank said they want an ID showcasing both married name + photo) so state ID would be the option, she currently doesn't drive so drivers license is not an option.

 

The worker at the DMV kept telling me she needs a document showcasing her length of stay and something along those lines, and I continued to tell the person that she is in legal status as she has an I-485 that is currently in progress and has been submitted and awaiting her green card interview.  

 

The guy kept telling me the NOA's showcasing that her I-485 would not work as that does not show length of stay or something along those lines.

 

From my understanding she should be eligible to get a state ID as she is here lawfully while awaiting her green card interview.

 

I am confused as to what this guy was even talking about

[Lemonslice 4,836]

13 minutes ago, Kerri and Myles said:

Called my local DMV, about what paperwork is required to bring up to get my wife's state ID (my bank said they want an ID showcasing both married name + photo) so state ID would be the option, she currently doesn't drive so drivers license is not an option.

 

The worker at the DMV kept telling me she needs a document showcasing her length of stay and something along those lines, and I continued to tell the person that she is in legal status as she has an I-485 that is currently in progress and has been submitted and awaiting her green card interview.  

 

The guy kept telling me the NOA's showcasing that her I-485 would not work as that does not show length of stay or something along those lines.

 

From my understanding she should be eligible to get a state ID as she is here lawfully while awaiting her green card interview.

 

I am confused as to what this guy was even talking about

That's a big downside of K1, the DMV employee might be correct. No ID until EAD or Green card is common.

[K + M 47]

9 minutes ago, Lemonslice said:

That's a big downside of K1, the DMV employee might be correct. No ID until EAD or Green card is common.

Talked to a worker at another DMV and she said need documentation that she can be here, basically ths she is here legally.  So I stated the she has her NOA1 showcasing that her I-485 is in progress and that permits that she is able to be here, although we havn't received the actual card in the mail yet she has the approval letters for both her EAD/AP.  The worker at this DMV said all that along with a piece of mail showcasing residence, which we plan on taking a piece of mail from USCIS, and Social Security Card and she is good.

 

My question about all this is:  is there any trouble my wife can get in due to the fact that she was out of status for a while (couple months) between end of K-1 90 days and submission of AOS.  Or is the fact that is now legal and awaiting GC interview alright for her continuing to get this state ID or should we wait until the actual EAD card?

 

 

Edited February 26, 2020 by Kerri and Myles

[Lemonslice 4,836]

3 minutes ago, Kerri and Myles said:

 

 

My question about all this is:  is there any trouble my wife can get in due to the fact that she was out of status for a while (couple months) between end of K-1 90 days and submission of AOS.  Or is the fact that is now legal and awaiting GC interview alright for her continuing to get this state ID or should we wait until the actual EAD card?

 

 

At worst, DMV will refuse to issue a state ID. I don't see how she would get in trouble (let's pretend ICE is at DMV, they'll see and know what the i485 is...)

[K + M 47]

1 minute ago, Lemonslice said:

At worst, DMV will refuse to issue a state ID. I don't see how she would get in trouble (let's pretend ICE is at DMV, they'll see and know what the i485 is...)

alright so even tho she was out of status during those couple of months theres in no way (let's say absolute worst case scenario) , let's say she's at the DMV tries to get state ID, the person working at DMV is ICE and an investigation can be done, she can't get in trouble for being out of status in the past?  She is alright because she is now in status?

 

If so all is good and will proceed to get the state ID, just wanting to make sure every possibility is covered because she was out of status for a little bit before AOS submission.

[Ontarkie 14,218]

~~moved to Moving Here and Your New Life, from AOS Family - the OP is asking about state ID.~~

[Crazy Cat 41,836]

10 minutes ago, Kerri and Myles said:

alright so even tho she was out of status during those couple of months theres in no way (let's say absolute worst case scenario) , let's say she's at the DMV tries to get state ID, the person working at DMV is ICE and an investigation can be done, she can't get in trouble for being out of status in the past?  She is alright because she is now in status?

 

If so all is good and will proceed to get the state ID, just wanting to make sure every possibility is covered because she was out of status for a little bit before AOS submission.

To be clear and precise, your wife was granted "authorized stay" by the US Attorney General when she submitted her I-485.  However, "authorized stay" is not a legal status. It basically defers status until the I-485 has been adjudicated.  Once the I-485 has been approved, she will be a legal resident.  As @Lemonslice stated, your wife will not get into trouble.

[K + M 47]

Just now, missileman said:

To be clear and precise, your wife was granted "authorized stay" by the US Attorney General when she submitted her I-485.  However, "authorized stay" is not a legal status. It basically defers status until the I-485 has been adjudicated.  Once the I-485 has been approved, she will be a legal resident.  As @Lemonslice stated, your wife will not get into trouble.

So all will be good if we go and get her state ID today?  

[Crazy Cat 41,836]

1 minute ago, Kerri and Myles said:

So all will be good if we go and get her state ID today?  

I see no reason to think there will any problem.......

[K + M 47]

Just now, missileman said:

I see no reason to think there will any problem.......

Just wanted to make sure my wife can't get into any legal trouble since she was out of status in the past, and since we are dealing with gov't officials is all, thank you all so much for the help with this.

[Crazy Cat 41,836]

2 minutes ago, Kerri and Myles said:

Just wanted to make sure my wife can't get into any legal trouble since she was out of status in the past, and since we are dealing with gov't officials is all, thank you all so much for the help with this.

Your wife is an immediate relative to a US citizen who has been granted (by the US AG) authorized stay in the US while her I-485 is pending........

[Crazy Cat 41,836]

Here is a pretty good explanation:

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

[arken 4,197]

If a disgruntled ICE agent who is either your ex’s now bf/husband or your wife’s ex is waiting at DMV just to give you two some hard time, then yes he can temporarily give some trouble in the name of investigation.

 

Other than that, she would not be in any trouble.

 

 

 

 

 

[Lemonslice 4,836]

Your timeline shows that your EAD was approved. If so, why not wait a few days until you receive the card to go to the DMV?  Save yourself a trip.

[K + M 47]

8 minutes ago, Lemonslice said:

Your timeline shows that your EAD was approved. If so, why not wait a few days until you receive the card to go to the DMV?  Save yourself a trip.

UGHHHHH......

We just went to the DMV and they said needed the EAD card, even tho someone from that DMV told us exactly what to bring, 

 

You are exactly correct.

 

Interview for GC is on March 10th, need to get to bank with state ID before end of month to get bank statement with both our names on it, to get the state ID we need to get bank statement with both married names on it need EAD, EAD is supposed to come in the mail anytime.  Gotta love how this immigration stuff comes down to a matter of days sometimes lol

 

If anything tho, the bank said we can go in the first week of March and with getting my wifes name changed to married name, we can get a verification letter of the bank account with both our names on it.  If all else fails and EAD takes too long to get here, that is much better for joint info than nothing.

 

In another note - question - I know you need an EAD card to get your Social Security Card if you didn't within the 90 days.  She got hers during the 90 days (even with having verification issues ), although her Social Security Card is still in her maiden name (can't believe I haven't thought of this for some reason it was in my head needed EAD to get her name changed to married on SSN need EAD), but maybe can just take in the NOA1 for I-485 to showcase that her name is registered with her married name now with DHS. Hopefully this should suffice to get her name changed on her Social Security Card to married?  Can hope!