Phoenix, AZ asked in Immigration Law for Arizona

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

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1 Lawyer Answer

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/

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