expired i-94

[ewilliams]

Hello everyone,

I have a question which I hope ya'll can help me with.
So I( foreign citizen) am married to a US Citizen and we already filed for our i-485,i-130 and i-765.
I already received NoA for every single case.
My question i: my i-94 is expired, so I am out of status technically.
Will this be a problem when for example I go and get my bio-metrics done ( next week)
Also, at my local dmv they said because I have a expired i-94 I cant apply for a drivers license. That's what got me wondering if I will have more issues because of it and if Ill get deported even tho my GC process has started.

Thanks

[UScitizenFilingforspouse]

Hello everyone,

I have a question which I hope ya'll can help me with.
So I( foreign citizen) am married to a US Citizen and we already filed for our i-485,i-130 and i-765.
I already received NoA for every single case.
My question i: my i-94 is expired, so I am out of status technically.
Will this be a problem when for example I go and get my bio-metrics done ( next week)
Also, at my local dmv they said because I have a expired i-94 I cant apply for a drivers license. That's what got me wondering if I will have more issues because of it and if Ill get deported even tho my GC process has started.

Thanks

Not that many states participate in e-verify. Take a look for yourself. https://www.uscis.gov/e-verify/emplo...e-verification

This other document from 2012, states on page 3 that a Notice of action I-797 is acceptable. https://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf

Otherwise, you can look into getting a driver's license in a sanctuary state. I am positive that with the 797 you should be fine.

Deporting someone is very expensive. No one is going to call USCIS from the DMV to tell them that you are applying for a driver's license. They want us and NEED US here. So relax. They're lucky we don't all pick up and move to Canada.

To be 100% sure, call USCIS and ask. Look at the fine print of your department of transportation. Make sure you are looking at a site that ends in .gov
There are too many bogus sites out there.

My state's dmv site states "If you are a temporary United States resident, you may need to show additional proof of your lawful admission period, such as form I-20, DS-2019, I-797 or other official immigration document or receipt"

[4EVER]

My question i: my i-94 is expired, so I am out of status technically.
Will this be a problem when for example I go and get my bio-metrics done ( next week)

I had my biometrics last week, the service center didn't ask for my I-94 (which also expired), and it wasn't in the to-bring list of my I-797 Bio Notice. I only brought and showed the I-797 appointment notice, passport and marriage certificate; bio process went smoothly and quick. About the expired I-94, I read that: "A person who has a pending I-485, Application to Adjust Status to Permanent Residence, may have an expired I-94 card. While the I-485 application is pending a decision, such an individual is generally lawfully permitted to remain in the U.S. This is technically referred to as being in “a period of authorized stay.” There is no special document, apart from the I-485 receipt notice, that reflects a person’s right to remain lawfully in the U.S. while the I-485 application is pending." So I guess our expired I-94 is forgiven, for now.. until USCIS lowers the gavel.

[ewilliams]

Not that many states participate in e-verify. Take a look for yourself. https://www.uscis.gov/e-verify/emplo...e-verification

This other document from 2012, states on page 3 that a Notice of action I-797 is acceptable. https://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf

Otherwise, you can look into getting a driver's license in a sanctuary state. I am positive that with the 797 you should be fine.

Deporting someone is very expensive. No one is going to call USCIS from the DMV to tell them that you are applying for a driver's license. They want us and NEED US here. So relax. They're lucky we don't all pick up and move to Canada.

To be 100% sure, call USCIS and ask. Look at the fine print of your department of transportation. Make sure you are looking at a site that ends in .gov
There are too many bogus sites out there.

My state's dmv site states "If you are a temporary United States resident, you may need to show additional proof of your lawful admission period, such as form I-20, DS-2019, I-797 or other official immigration document or receipt"

Thank you very much!

- - - Updated - - -

I had my biometrics last week, the service center didn't ask for my I-94 (which also expired), and it wasn't in the to-bring list of my I-797 Bio Notice. I only brought and showed the I-797 appointment notice, passport and marriage certificate; bio process went smoothly and quick. About the expired I-94, I read that: "A person who has a pending I-485, Application to Adjust Status to Permanent Residence, may have an expired I-94 card. While the I-485 application is pending a decision, such an individual is generally lawfully permitted to remain in the U.S. This is technically referred to as being in “a period of authorized stay.” There is no special document, apart from the I-485 receipt notice, that reflects a person’s right to remain lawfully in the U.S. while the I-485 application is pending." So I guess our expired I-94 is forgiven, for now.. until USCIS lowers the gavel.

Thanks alot!
Did you bring a copy of your marriage certificate or the original?
Thanks for the explanation, it's confusing and also nerve wrecking knowing your i94 is expired but having to go to any law enforcement agency lol.

[4EVER]

Thanks alot!
Did you bring a copy of your marriage certificate or the original?

I brought the original. The bio officer only looked at it, to verify my married name since my passport carries my maiden name.

Also just to share... Moisten/prepare your fingerprints because when I went there it took awhile for the machine to correctly read my prints. The officer said it's because my fingers are dry lol so we kept moistening it with cloth. Even though I already put lotion on my hands, it's still dry. I blame the freezing, negative temps lol.

[S_R_E]

I applied for AOS last January and all the ID I had at the time was an expired passport (expired for 5 years at the time). I was able to complete the biometrics appointment without any issue using my expired passport as my only means of picture ID.

Each state will have a list of accepted documentation that they require for a state issued ID or drivers license, I would suggest you got to the appropriate site for your state. I am in California and here is the link to the DMV site here as an example of the documents they accept

https://www.dmv.ca.gov/portal/dmv/de...cy%20Documents.

I waited until I had received my EAD and used that to obtain my state ID. The expiration of the ID will match the expiration of the EAD.

Here is the timeline for my AOS if you care to read it

https://www.immihelp.com/experience/187472-My-timeline-sorry-its-long.html

[ewilliams]

I applied for AOS last January and all the ID I had at the time was an expired passport (expired for 5 years at the time). I was able to complete the biometrics appointment without any issue using my expired passport as my only means of picture ID.

Each state will have a list of accepted documentation that they require for a state issued ID or drivers license, I would suggest you got to the appropriate site for your state. I am in California and here is the link to the DMV site here as an example of the documents they accept

https://www.dmv.ca.gov/portal/dmv/de...cy%20Documents.

I waited until I had received my EAD and used that to obtain my state ID. The expiration of the ID will match the expiration of the EAD.

Here is the timeline for my AOS if you care to read it

https://www.immihelp.com/experience/...-its-long.html

Thanks for your response.
I went to the DMV today. I guess in order to get a license here ( WA ) you need 4 forms to prove your identity. I only got 3.
Its funny that you need less forms of identity to apply for a GC haha
Guess ill just have to wait till I have my EAD.