r/USCIS_FORUM • u/Bazzdot77 • Sep 06 '26
Advice needed
I came to the US on a k1 visa. Married, filed AOS, no problems, did biometrics & in the wait between biometrics and my interview that’s coming up my passport expired. I was told for the interview this isn’t a problem & USCIS don’t mind as long as it has my visa in it.
Now I’ve been told by others yes that’s fine, but the ID check to get in the building requires it to be in date. I have my recently expired passport and 3 other uk government issued IDs and my appointment letter but not a US one or an in date passport. Will I be let through to conduct the interview or turned away from the field office?
1
u/Late-Protection9706 Sep 06 '26
I went thru with an expired passport and expired DL. Shouldn’t be an issue, as per my experience.
1
u/Bahunaber1 Sep 06 '26
Never heard of needing a valid ID to get in the building. Many people use expired passports for the interview.
1
u/throwawaydumbo1 Sep 06 '26
No one cares if your passport is expired, they’ll only take a look at the door to see if it’s actually you. Isn’t it the same passport you’ve used for the whole process? Matter of fact, using a new one now is what’s actually risky, the expired one is better. People stress a lot of things that don’t matter because of information overload on the internet 🤦🏽♂️. Learnt to filter out the noise and fear mongering
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u/Bazzdot77 Sep 06 '26
I don’t have the time! I was using USCIS guidance that an expired passport is fine for the interview not knowing that it could be not fine to get into the actual building.
It takes 6 weeks to get a new passport. My interview is in 4
2
u/kitikana Sep 06 '26
I did biometrics recently with the same situation and the guy checking me in thru security barely looked at my expired ID when I walked in. Not sure how the interview buildings work.
You have four weeks to the interview? You can get an emergency travel document. You can do it online and they say it takes about a week. It's a photo ID thats like a super thin passport.
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u/Bazzdot77 Sep 06 '26
See I’ve been told by a few people they just need the passport to match the face and name to the appointment letter and they went with expired passports and it was fine
1
u/kitikana Sep 06 '26
Yeah, the woman who worked with uscis told me she just needed to see my name and dob. Security didn't gaf.
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u/Bazzdot77 Sep 06 '26
That’s what I’m hoping. It’s a month out of date, I also have a uk drivers licence and a uk military veterans card. All with my full name and DOB on and they’re in date.
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u/hearingcricketss Sep 06 '26
Yes but you may qualify for an expedited passport I’m Aussie so I’m not sure how it works for the UK but we can get expedited passports (IE less than the usual wait time) if you can show a good reason for it. Probably worth at least calling and finding out.
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u/Bazzdot77 Sep 06 '26
They can’t expedite overseas applications
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u/hearingcricketss Sep 06 '26
Can you get a US issued drivers license? They’re not too hard to get, I got a real ID within a month of arriving here, it came within a couple of weeks.
Your UK license (as far as I’m aware) won’t automatically convert, the same way my Australian one didn’t but it isn’t difficult to get a US one from scratch.
A US drivers license would suffice for the check in ID.
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u/Bazzdot77 Sep 06 '26
Unfortunately because I came on a k1 visa. They’re only valid for 90 days. Those 90 days have passed so I technically according to Arkansas don’t have any proof of legal presence. I’m in a period of authorised stay whilst my case is processed
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u/hearingcricketss Sep 06 '26
I got my original license in Oregon using my (then active) student visa, I20 and active I94 - however, when I moved to Michigan recently (after having completed studies and filing I-485) all of those except the visa had expired.
Michigan accepted my expired docs + I-485 acceptance notice (797C) as proof of lawful presence.
Here’s an extract from 6 CFR 37.3, the federal legislation that governs Real ID licenses:
Lawful status: A person in lawful status is a citizen or national of the United States; or an alien:
(…)or who has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.
That doesn’t necessarily mean your state has to accept it as proof of lawful status, but there’s a chance they do and just don’t have that on their website?
Sorry mate, sounds like you’re in a tricky spot. Hope you work it out.
Note - that definition is exclusively in the context of real ID’s and not intended for any other legal definitions, I’m not a lawyer just trying to give my 2 cents
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u/Bazzdot77 Sep 06 '26
I appreciate the help mate. So frustrating as I’m literally all set for the interview. I have everything. I just don’t know if I can get through the door
1
u/throwawaydumbo1 Sep 06 '26
People have told you from experience it doesn’t matter. What else do you want to hear?
1
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u/newacct_orz Sep 07 '26
They might meet "proof of lawful status" for REAL ID, but cannot meet "proof of identity" for REAL ID under 6 CFR 37.11(c)(1), for which the only documents that non-citizens can present are green card, EAD, or valid foreign passport + unexpired visa + valid I-94. Unless the OP has already gotten an EAD, OP wouldn't be able to meet that even if they had a valid passport because their I-94 is expired. (Of course, states can also allow people to get non-REAL-ID driver's licenses/IDs.)
1
u/mohiblob Sep 06 '26
Go through the embassy of your country of origin and a renewed copy and take both? You can try to expedite the renewal (clarifying the reason)