Lawful Presence Not Verified

[PWB 213]

My wife arrived on KI visa December 4,  2020.  We married December 20, 2020.  She received SS Card and filed for a Texas ID Card.  Texas DPS told her they would not issue ID Card because KI Visa expired and that they could not validate her lawful presence.  She tired to explain that it was a limited use visa issued for the purpose of marriage and showed them our marriage documentation.  DPS told her they would contact "immigration" and validate that she was here legally.  Two weeks later DPS told her that Homeland Security  could not validate her 1-94 therefore her legal presence  in the United States could not be verified and she was denied a Texas ID which we need badly.  All efforts to contact USCIS have been met with not being able to talk to anyone.  Our AOS has been filed but they have not cashed the check.  Any idea on what is going on?

[Crazy Cat 41,886]

If her I-94 has expired, she has no legal status in the US.  However, once she receives the receipt (I-797) for filing her I-485, try going to DPS again.  The I-797 for receipt of the I-485 will be evidence that she is granted "authorized stay" until the I-485 is either approved or denied.  "Authorized Stay" is not a legal status, but it pauses any accrual of unlawful presence.  Unfortunately, this is one of the disadvantages of a K-1.  Hopefully, Texas DPS will allow her to get an ID by presenting the the I-797.  Good luck.

 

Call USCIS and ask for technical assistance at each prompt.  It will then connect you to a human.

 

[HRQX 4,145]

2 hours ago, PWB said:

her legal presence  in the United States could not be verified

Like @Lucky Cat said she'll need the I-797 (receipt notice for I-485). See "Applicants for adjustment of status" row on Page 3: https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf

[PWB 213]

2 hours ago, Lucky Cat said:

If her I-94 has expired, she has no legal status in the US.  However, once she receives the receipt (I-797) for filing her I-485, try going to DPS again.  The I-797 for receipt of the I-485 will be evidence that she is granted "authorized stay" until the I-485 is either approved or denied.  "Authorized Stay" is not a legal status, but it pauses any accrual of unlawful presence.  Unfortunately, this is one of the disadvantages of a K-1.  Hopefully, Texas DPS will allow her to get an ID by presenting the the I-797.  Good luck.

 

Call USCIS and ask for technical assistance at each prompt.  It will then connect you to a human.

 

Thanks, that helps.  It is my understanding that USCIS is not processing I 485 for the next 15 weeks.  Have you heard anything about processing delays ?  Our check has not been cashed.

[Crazy Cat 41,886]

21 minutes ago, PWB said:

Thanks, that helps.  It is my understanding that USCIS is not processing I 485 for the next 15 weeks.  Have you heard anything about processing delays ?  Our check has not been cashed.

I haven't heard that.  

[PWB 213]

19 hours ago, HRQX said:

Like @Lucky Cat said she'll need the I-797 (receipt notice for I-485). See "Applicants for adjustment of status" row on Page 3: https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf

Thanks, very good information.