Some things we learned (K1 visa)

[DavenRoxy 1,073]

We have finally made the journey from meeting to AOS. It's been long and arduous, and we have learned a few things the hard way. I wanted to share them so that it may help someone else in planning their future.

I know it's been said many times on VJ, but it's NOT clear on the USCIS or USEM website.... your 6 month clock (for arrival in the USA) starts from the medical exam date, NOT the visa interview date.

In many states nowadays, one cannot get a driver's permit/license without a current I-94 or GC or (at a minimum) an I-797 for AOS application. We fell into a weird situation where we got married within 47 days, filed for AOS just before her I-94 expired, and were then waiting on the AOS process. Went to the DMV with all necessary paperwork to get her driving permit, but the DMV wouldn't issue one to her because of the expired I-94. This caused me to get into a month-long discussion with managers at the DMV as well as the USCIS. The USCIS, in an email to both me and the DMV, confirmed that an expired I-94 meant NOTHING in our case, that my wife was still legal to be here, and should be allowed to obtain her permit... but the DMV would not budge, insisting they need an I-797 to verify we had begun the AOS process (even though AOS is not required. I explained that we could wait for 2 years with no AOS filing, and still be legal, but they wouldn't give us a permit. The truly funny part is, they finally gave us a permit with the I-797 for her EAD, not the AOS. But we still had to wait an additional 2 months for her to be legal to drive with me, however. So get your driving permit BEFORE the I-94 expires.

If you report your marriage in the US, the Philippine Embassy website tells you to file 4 copies (with pics of each of you), and pay $25 to report it. However, one thing they DON'T tell you is that if you report the marriage at the same time that you request a new passport (name change), you must prepare FIVE copies of those forms, as well as the form for the new passport. Not a huge deal, they had a copier at the outreach location where we filed, but they charged us 25¢ per copy made, and it wasn't even their copier (they were using a local building).

We did not have this issue, but two other close friends did... not being able to complete biometrics due to faint fingerprints. I saw this with Filipinas as well as a Chinese lady. They were instructed to do things such as wear gloves for a day or two before the bio appointment, not to wash dishes or use harsh cleaners for at least 24 hours prior, etc.

I'm sure there's more, and some might be state-specific, but perhaps others will share their unique challenges since being in the US that they faced.

[Mogambi 96]

Ah the good old DMV!

[PhiLandShiR 18]

We ran into the expired I-94 BS at the DMV as well.

Actually we had gone down there twice. The first time we forgot some papers and by the time we got there again, maybe 10 days later, Shir's I-94 had expired.

When I asked why we were not told about this when we were first there as we could have returned that same day and been ok, I was told 'Well you didn't talk to me.' It was in fact an different lady but when I told her she was the face of the DMV and just as responsible, she got all huffy with me.

Shir's green card arrived a couple of weeks later so it was not a big deal.

-Phil

[Rob&Ema 12]

So the I 94 is a form they will give her when she arrives at the airport of entry? She will fill it out there?

[DavenRoxy 1,073]

The customs officer will give her the I-94, stapled to the passport. It is valid for 90 days from the date of entry. It's what makes her legal after arrival, since the visa is only good for the entry itself, not one day past that.

[Rob&Ema 12]

Ok thank you. This place is such a wealth of knowledge and experience.

[Hank_ 9,174]

So the I 94 is a form they will give her when she arrives at the airport of entry? She will fill it out there?

She will most likely be given the I-94 on the airplane to be completed then turned in at POE where it will get stamped and stapled into the passport.

[actob99 156]

Great info and thanks for the DMV info. Sounds like the DMV is located in the Phils, lol..

[DavenRoxy 1,073]

She will most likely be given the I-94 on the airplane to be completed then turned in at POE where it will get stamped and stapled into the passport.

Korek, thanks for setting me straight, Hank!

Edited July 23, 2012 by DavenRoxy