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Filed: K-1 Visa Country: Ecuador
Timeline
Posted

Hi,

My husbands I94 has now expired, and we still haven't sent in any paper work for his AOS. I am still in the process of getting everything together that we will need. Is there anything we need to do, so that he remains legal here in the US, because if someone were to ask for his paper work....the only thing we would be able to show them would be his expired I94. I'm just a little worried, because right now we don't have any paper work saying that he is legally here in the US. I mean he has his Visa, is that all he really needs til we do file for AOS.

Also...Does anyone out there know about getting a drivers license here in the US, specifically in Texas before he actually has his green card in his hand. I would love if he could at least get his permit, even better if he could take the test for his license. However, last time we went, we showed his social security card, and his unexpired I94, and they told us that he couldn't even take the permit test....That he had to ahve a I94, or some other sort of paper that was valid for more than 6 months.....grrrrrrrrrrr

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hi,

My husbands I94 has now expired, and we still haven't sent in any paper work for his AOS. I am still in the process of getting everything together that we will need. Is there anything we need to do, so that he remains legal here in the US, because if someone were to ask for his paper work....the only thing we would be able to show them would be his expired I94. I'm just a little worried, because right now we don't have any paper work saying that he is legally here in the US. I mean he has his Visa, is that all he really needs til we do file for AOS.

Also...Does anyone out there know about getting a drivers license here in the US, specifically in Texas before he actually has his green card in his hand. I would love if he could at least get his permit, even better if he could take the test for his license. However, last time we went, we showed his social security card, and his unexpired I94, and they told us that he couldn't even take the permit test....That he had to ahve a I94, or some other sort of paper that was valid for more than 6 months.....grrrrrrrrrrr

Technically since you have not filed for the next level of immigration benefits he could be subject to deportation (I doubt it would happen).

Without proof of legal presence you will find it impossible to get a DL. If I remember correctly, Texas just rewrote the requirements to conform with REAL ID legislation. This is occuring in every state now. When he gets EAD you ought to be able to get a DL

YMMV

Posted

We filed our paperwork a few weeks after the I-94 had expired, and from the other posters who have done the same on this site, it doesn't seem to be a problem as long as you've married before the 90 days he was here on the K-1. I'd still get it together as soon as possible so you can get the EAD and the driver's license and he can adjust to life in the US.

K-1 Timeline

Oct 5 07 - NOA1 issued

Jan 17 08 - NOA2 issued!

May 07 08 - VISA IN HAND!

Aug 16 08 - WEDDING!

View our complete K-1 timeline here!

AOS Timeline

Sep 08 08 - Submitted AOS/AP/EAD package

Sep 10 08 - Package received

Sep 12 08 - NOA for AP

Sep 15 08 - NOA for AOS

Sep 18 08 - Check cashed

Sep 25 08 - NOA for EAD

Oct 03 08 - AOS transferred to CSC!

Oct 08 08 - Biometrics for AOS/EAD

Oct 09 08 - AOS received by CSC

Nov 21 08 - AP approval notice sent!

Nov 29 08 - AP arrived in mail!

Dec 03 08 - EAD approval notice sent!

Dec 08 08 - EAD arrived in mail!

Mar 17 09 - Permanent Residence Approved!

Mar 25 09 - Green Card arrives in mail!!!

APPLYING TO LIFT CONDITIONS

Dec 17 10

View our complete AOS timeline here!

Filed: AOS (apr) Country: Philippines
Timeline
Posted
file i-130 right away...so he will not have any problems with the immigration...in this website,details of how you can file for AOS can be read...maybe you will also need an immigration atty to back you up..

Ummmm a K-1 does not require an I-130 to adjust status... The correct form is the I-485

YMMV

Filed: Other Country: United Kingdom
Timeline
Posted
file i-130 right away...so he will not have any problems with the immigration...in this website,details of how you can file for AOS can be read...maybe you will also need an immigration atty to back you up..

The above is wrong.

You do not need tpo file for I-130 as long as you were married within the 90 days. All you need to do is file for AOS as soon as you can. It does mean he is out of status until you do file but some people have waited months and even years before they file foe AOS.

He will be able to get a DL oncebhe has his EAD that you file for along with his AOS and takes about 3 months to be approved.

  • 3 months later...
Posted
Hi,

My husbands I94 has now expired, and we still haven't sent in any paper work for his AOS. I am still in the process of getting everything together that we will need. Is there anything we need to do, so that he remains legal here in the US, because if someone were to ask for his paper work....the only thing we would be able to show them would be his expired I94. I'm just a little worried, because right now we don't have any paper work saying that he is legally here in the US. I mean he has his Visa, is that all he really needs til we do file for AOS.

Also...Does anyone out there know about getting a drivers license here in the US, specifically in Texas before he actually has his green card in his hand. I would love if he could at least get his permit, even better if he could take the test for his license. However, last time we went, we showed his social security card, and his unexpired I94, and they told us that he couldn't even take the permit test....That he had to ahve a I94, or some other sort of paper that was valid for more than 6 months.....grrrrrrrrrrr

Technically since you have not filed for the next level of immigration benefits he could be subject to deportation (I doubt it would happen).

Without proof of legal presence you will find it impossible to get a DL. If I remember correctly, Texas just rewrote the requirements to conform with REAL ID legislation. This is occuring in every state now. When he gets EAD you ought to be able to get a DL

question please...... if i married before i became out of status as a student (i graduated)..... what do i put on the form i-485 when they ask what my current status is please?

thanks

Adjustment of Status

Date Filed : 2009-02-10

NOA Date : 2009-02-18

RFE(s) : N/A

Bio. Appt. : 2009-03-10

AOS Transfer** :

Interview Date : 2009-05-14

Approved : 2009-05-14

Got I551 Stamp : No

Greencard Received:

Employment Authorization Document

Date Filed : 2009-02-10

NOA Date : 2009-02-18

Bio. Appt. : 2009-03-10

Date Card Received : 2009-04-23

Filed: AOS (apr) Country: Germany
Timeline
Posted

My husband has an International Drivers liscence. He can use that until we decide to go for his real liscence when EAD is in hand.

I guess not many people have one of those? At least he can drive while he's here, and my insurance company added him to the policy without a problem.

Timeline: I am the USC - my husband is the beneficiary

11-02-05:..........Met online - We are both musicians: him music composer and me vocalist ( visit me at: www.myspace.com/etherealsopranoamethyste )

11-26-08:..........My love comes to see me for a holiday visit.

01-24-09:..........Impromptu Wedding in our little apartment!!! I LOVE you!!!

02-03-09:..........Went to the Civil Surgeon - Enveloppe in hand! Life is good!

02-09-09:..........Mailed ( certified ) the AOS package ( I-485, I-130, I-864, I-765, I-131, G-325A + all supporting evidence and more! )

02-11-09:..........Package delivered at Chicago Lockbox

02-20-09:..........Money Orders Cashed!

02-23-09:..........We received today our 4 NOAs ( I-485, I-130, I-765 and I-131 ) - NOAs dated 2-18-09

02-24-09:..........Biometrics apt. Letter: 03-08-09 8AM.

03-09-09:..........Biometrics done - in and out in 10 mins.

03-20-09:..........Received today INTERVIEW LETTER FOR: 04-21-09!!!! ( TOTAL DAYS FROM FILING TO INTERVIEW: 68 DAYS!!! )

04-10-09:..........Received AP in mail!

04-13-09:..........Received EAD in mail! ~~~ WE ARE SO GRATEFUL AND HAPPY!!! ~~~

04-21-09:..........AOS interview in Manchester NH - I-130 approved - I-485 No decision made - Were told to wait for decision letter

04-27-09:.......... ******* WELCOME TO AMERICA LETTER RCD! ******* ~~ adjustment from VWP without a problem! ~~

05-01-09:..........GREENCARD IN HAND!!! WOOO!!!

TOTAL TIME FROM AOS REACHING LOCKBOX TO GREENCARD IN HAND: 79 DAYS!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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