UGH! Can't drive??

[VanessaTony 3,567]

"out of status' vs "period of authorized stay" lol. Youre really just mincing words. My frustration stems from the fact that currently ucis offers immigrants admitted on k1 visas no proof of this 'period of authorized stay.'

Of course your position can be- to whomever is examining your passport, for whatever reason, youre not ICE and I dont have to answer to you what my status is, but its still a really crappy move on ucis's part to give k1 visa holders a 'period of authorized stay' and then NO proof of it.

You're confused. They're ONLY in a period of authorised stay once they file for AOS. At that time the NOA1 is proof of that pending status. Prior to that, and after the I-94 expires, they're not legal, not in a period of authorised stay. They're out of status and ARE at risk of detention. Though if locked in immigration jail they will be afforded the chance to AOS as the spouse of a USC they have that right. Otherwise they'll be deported.

Again, and in simple words. A K1 is NOT LEGAL once their i-94 expires, whether they're married or not, until they file for AOS. The NOA1 (receipt) is proof that they're "legal" again (at least until the AOS is approved/denied).

[bigdog 376]

This is a result of 911, If your DL expires on the date, then take in your I797c and it will be extended for one year. in AZ, My wife's expired at her I94 date, green card date and extended for one year on her I797c for the ROC, then return to DMV/MVD etc. with your 10 year green card and it will be good till it expires. Many states do not even let your get a DL on a I94.

Hurray for enhanced drives licenses requirements, another hurdle. That is why certain states including AZ will not give ID or a DL to illegals. Also then it appears like you can vote.

[bigdog 376]

You're confused. They're ONLY in a period of authorised stay once they file for AOS. At that time the NOA1 is proof of that pending status. Prior to that, and after the I-94 expires, they're not legal, not in a period of authorised stay. They're out of status and ARE at risk of detention. Though if locked in immigration jail they will be afforded the chance to AOS as the spouse of a USC they have that right. Otherwise they'll be deported.

Again, and in simple words. A K1 is NOT LEGAL once their i-94 expires, whether they're married or not, until they file for AOS. The NOA1 (receipt) is proof that they're "legal" again (at least until the AOS is approved/denied).

Even though some here (not the correct people) have jumped by six for saying; it is imperative to file your AOS in the 90 days time period. Even our IO at the AOS interview stated so to us and congratulated us on doing so.

[KayDeeCee 4,891]

"out of status' vs "period of authorized stay" lol. Youre really just mincing words. My frustration stems from the fact that currently ucis offers immigrants admitted on k1 visas no proof of this 'period of authorized stay.'

Of course your position can be- to whomever is examining your passport, for whatever reason, youre not ICE and I dont have to answer to you what my status is, but its still a really crappy move on ucis's part to give k1 visa holders a 'period of authorized stay' and then NO proof of it.

Getting married to a USC does not give you status in the US, even if you entered on a K-1. Once the I-94 expires you begin accruing unlawful presence(out of status). Filing for AOS 'stops the clock' on your unlawful presence and puts you in a period of authorized stay while waiting for your green card approval/denial.

If you have filed for AOS, then the NOA receipt from filing the I-485 is your proof of authorized stay and status pending. If your I-94 is expired and you have not yet filed for AOS, then there is no proof because you are out of status.

[agrabs 237]

God has eqquiped you with two legs and a Bus/Train/Metro service in your area i hope. Use em.

[/quote

We would use public transportation if we had access to it, but we don't! not everyone has public transportation.

[agrabs 237]

We filed AOS immediately after the wedding, before the 1-94 expired - Regardless of how you want to word it, after filing the AOS, there is that time period of a couple of months until you receive the EAD that you really don't have anything to show your status other than your 797C .... Happily I can say we got a text saying his EAD/AP combo card is in production!

[jho-jho 0]

ok i amn out of status right now.. in fact i been here for almost 3 years illegally,, entered with fiancee visa too..

but, i took my drivers license test and i pass then they gave me a license.. maybe because i used different ID? i used military ID..

im wondering if i'll get in trouble.

[pa49 0]

The Department of Drivers Services in GA explained (and it's on the states web site) that since July this year the requirement is that at the time of application for a driver permit from any alien they are required to access USCIS "SAFE" checking system to see what the applicants status is. This shows whether the applicant has gone through a biometrics file creation.

I had my biometrics done and received my I-766 "Combo Card" (EAD and Advance Parole)and on the same day applied for a drivers permit and they could see me on the system and immediately issued both a permit and ID valid for the period of the Comb Card.

I believe the SAFE check is accessible by all relevant Government agencies in order to determine a persons status.

They told me that the issuance of the I-766 makes all the difference.

Edited November 14, 2012 by pa49

[pa49 0]

The Department of Drivers Services in GA explained (and it's on the states web site) that since July this year the requirement is that at the time of application for a driver permit from any alien they are required to access USCIS "SAFE" checking system to see what the applicants status is. This shows whether the applicant has gone through a biometrics file creation.

I had my biometrics done and received my I-766 "Combo Card" (EAD and Advance Parole)and on the same day applied for a drivers permit and they could see me on the system and immediately issued both a permit and ID valid for the period of the Comb Card.

I believe the SAFE check is accessible by all relevant Government agencies in order to determine a persons status.

They told me that the issuance of the I-766 makes all the difference.

SAFE (Secure Authorized Foreign Employee)

[VanessaTony 3,567]

ok i amn out of status right now.. in fact i been here for almost 3 years illegally,, entered with fiancee visa too..

but, i took my drivers license test and i pass then they gave me a license.. maybe because i used different ID? i used military ID..

im wondering if i'll get in trouble.

I'd check to make sure they put you under as a foreigner and not a USC then you WOULD be in trouble... I'm talking lifetime ban trouble. Find out asap!

[travelfairy 22]

I'm an Aussie living in MN as well, and going through the AOS status. They were going to cancel my license too, but they accepted my 797 and gave me a 6 month extension. They didn't ask to look at my I-94, probably because they knew about applying for AOS.

[luke.lindsey 0]

I went to the DMV a few weeks ago and took the written test and was issued the application for a drivers license. I paid the money, they took my picture and told me I would get my license in a few weeks. I thought that was that. So, today in the mail I received a letter saying that as of Dec. 14th my license is cancelled. I looked and noticed that my 1-94 expires on that day. I am confused though. When we were there they said my license would be valid from one year of my wedding d

I applied immediately after my wedding for AOS, but have yet to recieve my EAD and will be lucky if I can get even that by then. If I have it, will they accept that or do I have to wait until I get my greencard? Also, if it is suspended would I be able to drive on my Ontario license? And, how about my car insurance. When I got it, they said I had 60 days to get a MN license.

This sucks!!!!! So potentially I could have no license, no insurance and just have to sit in the house until my husband gets home. UGH! I am not looking forward to this AT ALL!!! Any guidance anyone can give me would be really helpful. I think these things vary from state to state so for the record I live in Minnesota. THANKS!

Hi,

I dont know if this will help, but i am driving in the US without a US license. I can do this because i applied for an international drivers license before i left Australia, it cost $30 to do and im pretty sure if you are from Canada you will be able to do the same as it is all part of the commonwealth, you can also do this while you are in the US. Hope this helped.

Regards

Luke

[agrabs 237]

I'm an Aussie living in MN as well, and going through the AOS status. They were going to cancel my license too, but they accepted my 797 and gave me a 6 month extension. They didn't ask to look at my I-94, probably because they knew about applying for AOS.

You are lucky! Missouri wouldn't accept 797 . We were told they would only take 766 .

[VanessaTony 3,567]

An IDP (international drivers permit) is only for when you go places that don't speak english so they can translate your card. That's basically it. You can drive on your Aussie licence as well but only for a certain period of time, like the IDP. The IDP is only valid for a certain period. Check your state rules to find out how long. Usually 30 days.

[lisers76 1]

Oh they accepted the 797! That is good news. I applied for AOS on October 1st so there is a chance by December 14th I could have my EAD but if they will take the 797 I would like that better! Where in MN are you? I am in the Twin Cities.

I'm an Aussie living in MN as well, and going through the AOS status. They were going to cancel my license too, but they accepted my 797 and gave me a 6 month extension. They didn't ask to look at my I-94, probably because they knew about applying for AOS.