Q: How can my wife get a state ID if adjustment of status is not yet complete?
My wife came in with a K1 visa. We got married 2 weeks before her 90 days expired. 3 months later, we submitted for adjustment of status and currently waiting. Going on 9 months. My question is. How can I get her state issue ID if her K1 expired and do not have any other document but a marriage license. Second. How can I get her insured with my work since they require legal status in the US? All we have is her expired K1
A: As part of the application for adjustment of status your wife can apply for an employment authorization document (EAD) using Form I-765. If she did not submit this form when applying for adjustment, she can submit it now. With the application she should submit proof that the I-485 is still pending so no additional filing fee for the I-765 is required. Once the EAD is approved, she can get a social security card and then apply for a state ID. You can check current processing times for EADs here, her category would be (c)(9): https://egov.uscis.gov/processing-times/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
