How Long to Receive Temporary Adjustment of Status?

[Maxheadspace 50]

Just got married with K1 visa and have one month left on our 90 day window. I looked at the VJ timelines and I don't see where it tracks the receipt of the temporary adjustment of status for K1 visa holders. Anyone know about how long it takes for the temporary, and for that matter, how do we receive it? After mailing the AOS package to Chicago, do we have to visit a local CIS office for the temporary AOS?

Many thanks!

Max

[Harpa Timsah 13,260]

There is no such thing as a temporary AOS.

When you file AOS, the big I-485 packet, you are applying for permanent residence (greencard) for the immigrant. It can take up to a year to be approved.

In the meantime, you can apply and be approved for a temporary work permit and a temporary travel permit. You apply for these in your big I-485 packet. It will take 90 days for them to be approved.

Your GC an be approved with an interview at your local USCIS office, or it can be approved without an interview. It depends on your case and how busy the local office is.

Once approved, the GC will be good for 2 years, and you will need to file for Removal of Conditions in the 90 days before the card expires.

Besides that, there is nothing temporary about this AOS. It results in permanent residence.

[Ian H. 207]

Yeah unfortunately there is no temporary AOS stamp or document that they issues only the EAD. However, if you're concerned about your spouse's status, it won't matter that it expires because as long as you married within the 90 period. Also I don't think there is a limit for submitting the AOS, they mostly make a big deal about getting married in time. The EAD does take 3 months so if your spouse needs like an SSN or something in the meantime your spouse can get one while the K1 is still valid. I believe you can use the K1 to get get a driver's license as well.

[belinda63 3,053]

Once the 90 day window is past (the expiration of the I-94) and the person has not filed for AOS the person is out of status and subject to detention and deportation. Chances of this are low but it has happened. If it happens most likely the person will be Ordered to file for AOS within a certain period of time and then the immigration proceedings will be cancelled. Once the AOS is filed the NOA-1 serves as proof of filing and a period of authorized stay in the US while the AOS is being processed.

[agrabs 253]

I believe you can use the K1 to get get a driver's license as well.

Not completely accurate. It depends on what state you are in. Many will not issue a driver's license until you have the EAD.

[blackknight1609 28]

In Minnesota,

in 24 Days, I was able to get married, obtain social security number, apply for driving license and pass the knowledge test, still the driving test after one week (cause I have international driving license), add my name to my spouse bank account, got NOA for AOS and for EA. It is very organized here and the work flows smoothly, it is just a matter of time. Everything takes time so you have to be patient always.

[Ian H. 207]

I think some states are a little bittchy if you ask me when it comes to non permanent residents or US citizens. I do know for a fact that the SSN is possible to get, but there are some reps who have no idea what the laws are. As for the drivers licenses, I'm pretty sure you can get one here in NY, I didn't notice where the OP lives. In any case it's possible that you can get a DL as with the pending AOS before getting the EAD, you just have to check. It never hurts to check.

Not completely accurate. It depends on what state you are in. Many will not issue a driver's license until you have the EAD.

[pro_star 52]

Yeah California is a special state. The'll issue me a license..valid for another two months. Bah! And I think Cali isn't alone in this...

[surfgirl26 2]

Like others have said. You cannot work without your temporary work permit which you must file for with the AOS paperwork. Also, in the two states I have lived in, you are unable to get a drivers license without your green card.

[philipo 5]

Like others have said. You cannot work without your temporary work permit which you must file for with the AOS paperwork. Also, in the two states I have lived in, you are unable to get a drivers license without your green card.

Wich states did u live in ??

can u believe it I just called our DMV office to ask this question the first person I had on the line said no u need a greencard

and I just did not trust her voice , and then I called again and guess what ??? NOW THEY TELL ME IT IS OK IF U HAVE an EAD and SSN ??

they don't know it them selves !!! im in FL

regards

[Ian H. 207]

DMV reps are idiots. You have to read it on their website, there you would be able to get the most accurate info. If you are here legally, meaning you have at least an EAD or a valid nonimmigrant visa, you should be allowed to get a DL, even if only for the validity of the EAD or visa. Also, if they give you a hard time, ask to speak to a supervisor, they should know the requirements.

Wich states did u live in ??

can u believe it I just called our DMV office to ask this question the first person I had on the line said no u need a greencard

and I just did not trust her voice , and then I called again and guess what ??? NOW THEY TELL ME IT IS OK IF U HAVE an EAD and SSN ??

they don't know it them selves !!! im in FL

regards

[Pitaya 2,577]

~Moved from Fam.-based AOS to Fam.-based AOS Progress Forum~

~Inquiry about case status~

[surfgirl26 2]

I was in FL when we tried to get my husband a drivers license. The people on the phone told us he could get it, but when we went for his actual test, they refused to let him take it. We spoke with a supervisor and she would not allow it without his greencard.

[mav11235 10]

DMV reps are idiots. You have to read it on their website, there you would be able to get the most accurate info. If you are here legally, meaning you have at least an EAD or a valid nonimmigrant visa, you should be allowed to get a DL, even if only for the validity of the EAD or visa. Also, if they give you a hard time, ask to speak to a supervisor, they should know the requirements.

This is not true for every state, Virginia does not give DLs based on EAD.

There is a huge debate around it but VA will not issue/renew DLs based on just EAD.

[Ian H. 207]

Does he have an EAD? According to this, they are supposed to allow it with the EAD. Also, they could have allowed it within the validity of the I 94. I did say the supervisors "should" know the requirements. They never know what they're doing at the DMV.

I for example, went in with my grandmother to update the name on her state ID. NY requires 6 points of proof of name and you can't use the same "type" of document more than once(i.e. credit cards are worth 1 pt, now matter how many you show.) They have a rule that says you can only show one INS/DHS document. We went in with her passport 4 pts and naturalization cert, 3 pts.

The supervisor argued with me telling me that she couldn't use two documents from the same place because they were "both" INS/DHS docs. I was like lady, the naturalization cert is issued by INS/DHS, and the passport is issued by the Dept of state, two completely different government agencies. Moral to the story: she had to accept the docs. If she didn't I would have complained to someone above her.

Now in your case I would find out who has higher authority than the supervisor at the DMV. Because someone above her HAS to know what the requirements are. They HAVE to let him get his DL with a valid EAD, even if its only valid until the EAD expires. She cannot require a green card, when he has other proof of legal status. Try to find out where you can complain to, or contact different state agencies like the AG's office or the Governor's office. Good luck.

Florida law requires identification, proof of date of birth, proof of residential address, and proof of social security number (if issued, Chapter 322, Florida Statutes, requires the Department see proof of social security number for the issuance of driver license and identification cards) from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card.

Each Non-Immigrant renewing or applying for a new driver license or identification card in person after January 1, 2010 must submit:

1Primary Identification

Gather one original or certified copy of the following documents:

• Valid employment authorization card issued by the United States Department of Homeland Security (Form I688B or I-766); or
• Proof of nonimmigrant classification provided by United States Department of Homeland Security (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your US BCIS documentation with you.). I-94s must be accompanied by a valid Passport with a date of entry stamp. Certain classifications require additional documentation. Some examples are:
  • F-1 and M-1 classification must also be accompanied by an I-20.
  • I J-1 or J-2 designation must be accompanied by an DS2019.
  • Refugee, asylee and parolee classifications must be accompanied by additional documentation.
• I-571 Travel Document/Refugee Travel Permit**
• I-512 Parole Letter Accepted**
• IJO- Asylum or Cancellation of Removal - Immigration Judges Order granting Asylum or Cancellation of Removal.**

I was in FL when we tried to get my husband a drivers license. The people on the phone told us he could get it, but when we went for his actual test, they refused to let him take it. We spoke with a supervisor and she would not allow it without his greencard.