Delaying filing for AoS and State IDs?

[LDora 7]

Hey everyone.

I moved down to Florida from Canada in August of last year on my K-1 and got married to my husband (US citizen) in October of the same year. We haven't yet been able to file for AoS partly because of a mess on my part, but also because we've been paying off wedding bills and whatnot. We were looking to file as soon as he gets his bonus in January. Based on information I was given before, I was lead to believe that I wasn't in any trouble for this, but I'd like some more confirmation. Are there any added difficulties I may encounter because we've waited so long?

Additionally, what happens once we file? I know we basically have to wait, but will I be issued anything that will allow me to file for a SSN so I could get a form of ID for down here? I've been using my passport, but we've run into problems with that from time to time, and it makes filling out forms a hassle.

My second question is this. When I moved down I got a Florida State ID. The department only issued it to me for 3 months, going by my VISA. So, naturally, it's expired now, but I was wondering if I could go into the DMV tomorrow and get it renewed? Would I need to bring in anything extra? Would they issue it on the spot? I ask because this all came about after my husband's been trying to book us tickets to do to Disney with some relatives who are down this week, and getting the Florida resident pass is more sensible than paying 20 dollars less for a four-day pass.

Thank you in advance for any help.

[YuAndDan 153]

Waiting long only risks problems with the over-stay, you are out of status.

You file I-765 along with the I-485 to get an EAD, you can use the EAD to get SSN, and in most states you can use the EAD to get a state ID.

The state will need something to indicate your legal status, a valid I-94, EAD or Green-card, this is why the ID expired when your I-94 expired, the state set ID expiration to that of your legal status.

[LDora 7]

Thanks for the response, YuAndDan. What sort of issues am I likely to have with the overstay?

[YuAndDan 153]

Thanks for the response, YuAndDan. What sort of issues am I likely to have with the overstay?

For example if for some reason you are asked to provide evidence of legal status, perhaps in a routine traffic stop and you cannot provide this evidence the traffic officer can and may report this to DHS, this can result in a deportation order.

It is never a good thing to be out of status for too long, a few weeks perhaps a month or so is fine, some have to go out of status for valid reasons like waiting to get a marriage certificate from the local authorities, many have no problems.

MORE: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1