What happens if I-94 expired, but police asks for foreign wife's ID?

[CowBoE 429]

My fiancee came to US on Sept/2014, and we got married and filed for

AOS (Green Card), EAD, and AP back in December.

If K-1 visa is an one time entry thing...

and if her I-94 has or will be expiring very soon...

...what happens if for some reason police stops us and asks for her ID

and proper verification of her legal stay in US...

...but it will be many weeks before she received EAD ID card,

and many months more before receiving the green card.

Only picture ID she has is her Chinese passport.

Does she need to carry her passport and I-94 with her whenever

she leaves home?

Just wondering if anyone know what will happen?

Or have run into some situation like this???

Thanks

[JohnR! 5,495]

The police should not need to ask for her ID, unless there is probable cause or if she is driving a vehicle. For her day-to-day needs she should not be stopped or ID'd by police.

However, in the unlikely situation she is asked for her ID, her Chinese passport should be enough. Only the USCIS has the authority to question her status in this country, therefore your local police can't do so at will, and again, her passport alone should do.

Having said that, if you live near the border, make sure she has a copy of her I-94 and AOS paperwork on her, in case you're stopped by a CBP checkpoint while driving on some roads.

[nobbie 105]

if you're worried about it then take the notice (I797?) that you should receive from USCIS showing she has applied for AOS. I have been here over a year and the only time I got asked for ID was at a baseball game when I got a beer, (I am 54)

[Transborderwife 4,666]

Only the USCIS has the authority to question her status in this country, therefore your local police can't do so at will, and again, her passport alone should do.

Having said that, if you live near the border, make sure she has a copy of her I-94 and AOS paperwork on her, in case you're stopped by a CBP checkpoint while driving on some roads.

Wrong, OP lists their state as Texas. Police in Texas are permitted to question immigration status: http://m.chron.com/news/houston-texas/article/Texas-Senate-OKs-cops-asking-for-immigration-1687599.php

[JohnR! 5,495]

Absolutely. They can question all they want. They don't have the constitutional right to do so or do anything about it though. These laws were just populist measures passed by the states. They have no teeth, for they are unconstitutional by nature.

Wrong, OP lists their state as Texas. Police in Texas are permitted to question immigration status: http://m.chron.com/news/houston-texas/article/Texas-Senate-OKs-cops-asking-for-immigration-1687599.php

[Pinkrlion 2,716]

You can get a state ID

[Transborderwife 4,666]

You can get a state ID

Depends on where you are. Many will not provide state ID for somebody with an expired I-94.

[Pitaya 2,577]

It is for this very reason that the general forum recommendation for the K1 visa folks is to file AOS as soon as possible after marriage in order to help avoid the myriad of potential ID/documentation issues.

This could be particularly troublesome at the southern US border area states, where mobile CBP inspection stations have been known to be cruising around.

Good luck on your immigration journey.

[Hypnos 6,576]

Wrong, OP lists their state as Texas. Police in Texas are permitted to question immigration status: http://m.chron.com/news/houston-texas/article/Texas-Senate-OKs-cops-asking-for-immigration-1687599.php

SB-9 was not enacted, and did not become law in Texas.

http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=821&Bill=SB9

Edited January 5, 2015 by Hypnos

[Transborderwife 4,666]

Good to know

[TR&ZY 5]

You should be able to go to your local DMV office, or what ever your state calls it, and get a state ID. That's what my wife did because I didn't like the fact of her carring her passport and other documents around on her just for ID. She was also able to get her drivers permit. She is still currently awaiting for her green card.

[CowBoE 429]

The police should not need to ask for her ID, unless there is probable cause or if she is driving a vehicle. For her day-to-day needs she should not be stopped or ID'd by police.

However, in the unlikely situation she is asked for her ID, her Chinese passport should be enough. Only the USCIS has the authority to question her status in this country, therefore your local police can't do so at will, and again, her passport alone should do.

Having said that, if you live near the border, make sure she has a copy of her I-94 and AOS paperwork on her, in case you're stopped by a CBP checkpoint while driving on some roads.

Yes, the probability is low as we are well behaved citizens.

But I was curious as to what could happen should such situation arises.

if you're worried about it then take the notice (I797?) that you should receive from USCIS showing she has applied for AOS. I have been here over a year and the only time I got asked for ID was at a baseball game when I got a beer, (I am 54)

Yeah...I might as well keep copies of key documents in the car just in case.

Wrong, OP lists their state as Texas. Police in Texas are permitted to question immigration status: http://m.chron.com/news/houston-texas/article/Texas-Senate-OKs-cops-asking-for-immigration-1687599.php

Since I'm in Houston, just 6 hours north of Mexico, we have lots of illegals here.

There are ton of them sitting in front of Home Depot store for day labor especially on weekends,

but cops seem to be tolerant...because otherwise it will be an easy round up of many dozens.

Just trying to be prepared...just in case.

You can get a state ID

Depends on where you are. Many will not provide state ID for somebody with an expired I-94.

I had looked into it and they said it will require DHS verification,

but when Social Security office submitted for DHS verification

our request disappeared into a blackhole for 2 months,

and in that time, I think we will receive EAD...

But we might just go try...thanks for the idea.

It is for this very reason that the general forum recommendation for the K1 visa folks is to file AOS as soon as possible after marriage in order to help avoid the myriad of potential ID/documentation issues.

This could be particularly troublesome at the southern US border area states, where mobile CBP inspection stations have been known to be cruising around.

Good luck on your immigration journey.

Yup I agree...I wished we didn't waste 2 months waiting for the SS card last name change

which disappeared into the thin air without any notification on what happened.

You should be able to go to your local DMV office, or what ever your state calls it, and get a state ID. That's what my wife did because I didn't like the fact of her carring her passport and other documents around on her just for ID. She was also able to get her drivers permit. She is still currently awaiting for her green card.

Yeah...the requirements and processing time is sensitive to where you live...but I may give it a shot.

Thanks all for comments!

[TBoneTX 45,284]

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum. ***

[Moderator hat off]

Also being in Texas, I had Mrs. T-B. do the following:

Initially, carry marriage certificate & passport plus copy of our cover-letter for AOS application.

Then, carry marriage certificate & passport plus copy of I-797 for receipt of AOS application.

Then, carry marriage certificate & passport plus AP document (paper at that time).*

Then, carry green card absolutely everywhere until citizenship was attained.

*The three of these were crucial for re-entry when I took her on a day-trip into border Mexico for shopping.

CBP agents typically have zero sense of humor and are looking to nail someone on any pretext. I have seen them in the TSA areas at several Texas (and other states') airports. If you travel to west Texas before the green card is in hand, avoid the inland checkpoint south of Alpine at all costs.

[CowBoE 429]

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum. ***

[Moderator hat off]

Also being in Texas, I had Mrs. T-B. do the following:

Initially, carry marriage certificate & passport plus copy of our cover-letter for AOS application.

Then, carry marriage certificate & passport plus copy of I-797 for receipt of AOS application.

Then, carry marriage certificate & passport plus AP document (paper at that time).*

Then, carry green card absolutely everywhere until citizenship was attained.

*The three of these were crucial for re-entry when I took her on a day-trip into border Mexico for shopping.

CBP agents typically have zero sense of humor and are looking to nail someone on any pretext. I have seen them in the TSA areas at several Texas (and other states') airports. If you travel to west Texas before the green card is in hand, avoid the inland checkpoint south of Alpine at all costs.

Yup, I've seen plenty of YouTube videos on the aggressive checkpoint incidents.

I don't see us venturing around to troubling places,

but I plan to keep a copies of key documents in the car...just in case.

Thanks.