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K-1 Visa in AOS process, visa expired: how do I prove lawful presence?

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Hi all,

My husband arrived with me in the US this past September on a K-1 visa. We married in October. We were a little bit slow getting some documents such as a driver's license for him and a joint bank account because of the holidays & also it was a bit of a culture shock for him so he wanted to take his time getting used to life in America and wanted me to be in charge of our finances. His visa expired in January but I was able to find this on the FAQ about him staying here legally:

6.11.7)..OK, so my K-1 wife will file I485 for AOS.....Question is, what will her immigration status be from the date she files the AOS paperwork until the interview where she receives (conditional)green card?

A..She is official under a "period of stay authorized by the Attorney General". (FAQ Note: This is due to being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application) `

However, we went to the DMV yesterday to try to get him a license and because we were unable to prove his lawful presence, they denied us. Does anyone know of some sort of official USCIS letter or something I can print to prove he is here legally while we wait for this decision? I showed them all of our most recent USCIS paperwork & explained we are just waiting for our interview but we were still denied! He also needs a California ID in order to open a joint bank account with me through my bank, which will be a huge step in proving we are a real married couple to the USCIS. I am starting to get worried that our AOS interview will be scheduled before we have everything in order.

Any help is VERY much appreciated! Need this document proving his lawful presence!!

Thanks :)

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At this point, there is probably not much you can do until a green card is issued. Driver licensing authorties are notoriously stubborn on document requirements (I speak from two different experiences with my wife and dealing with DOL in WA). Others have posted DOL's counterparts in other states are essentially the same.

Since you are just starting out, USCIS will not expect nor require you to have a joint bank account. Furthermore, this is something that is expected when the time comes to remove condiitons on residency (although not required for that process either provided you can compensate in other areas). The AOS application will not be denied if you don't have a joint bank account.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You do not need to be legal to get a DL in California.

EAD would be the document you need to show legal status.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sorry, the EAD card is the first obtainable federal ID that will be useful to you. File the I-765 with the AOS set, and quickly.

The visa was invalidated at POE, the I-94 governs legal stay - usually if you show I-94 and passport at SSA office within 74 days of POE event, can get SSN.

Then with SSN can easily get bank accounts. Now must wait until have EAD. Usually with EAD, can get state ID or drivers license with 1 year validity.

as to 'period of authorized say' - although that's what he's in, at the moment, he doesn't have a document from USCIS stating so - mostly a limbo phase as far as chasing state ID is concerned.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Wow, this info is very helpful, THANK YOU! EAD is currently in the mail, should be here by next week. PHEW!

Do you really think that we won't need to show a joint bank account for our interview? We also currently don't live together during the week because of our jobs: I know it is unconventional but we lived this way in Mozambique so we are used to it.... & decided it was best for us to make money in whatever way possible since we are just beginning our lives together (we are pretty much starting from zero, and we got jobs in different cities about 1 1/2 hours apart, we see each other on weekends). Obviously we plan to get a place together ASAP (aka when money permits, as we are living rent-free right now), but our situation could definitely be considered pretty abnormal and I'm stressed about proving we are a serious couple!

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He shouldn't have a job already if he doesn't have his EAD card, so that sounds dodgy that you can't live in the same city. He can go get a SSN with his EAD. That should allow a joint bank account. Get one.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Wow, this info is very helpful, THANK YOU! EAD is currently in the mail, should be here by next week. PHEW!

Do you really think that we won't need to show a joint bank account for our interview? We also currently don't live together during the week because of our jobs: I know it is unconventional but we lived this way in Mozambique so we are used to it.... & decided it was best for us to make money in whatever way possible since we are just beginning our lives together (we are pretty much starting from zero, and we got jobs in different cities about 1 1/2 hours apart, we see each other on weekends). Obviously we plan to get a place together ASAP (aka when money permits, as we are living rent-free right now), but our situation could definitely be considered pretty abnormal and I'm stressed about proving we are a serious couple!

Without his EAD he isn't allowed to work, hence why it is called an Employment Authorization Card. Once he has his EAD he can get a Driving Licence, open a bank account.


Previous Visa & EAD/AP Timeline

 

K-1 Visa Timeline

22 March 2014 - Sent I-129F

See timeline for data in between these dates.

24 June 2014 - Interview

25 June 2014 - CEAC Status: Administrative Processing

26 June 2014 - CEAC Status: Issued

01 July 2014 - Received Visa

POE & Marriage

03 July 2014 - POE (BWI airport)

14 July 2014 - Marriage

Advanced Parole (I131)Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
31 July 2014 - NOA1 Received
27 September 2014 - EAD Combo Card Received
 
Employment Authorisation (I765) Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
30 July 2014 - NOA1 Received
20 September 2014 - Card in Production Update
22 September 2014 - Card in Production Update Again
25 September 2014 - Card Sent Update (Another update came later that day with USPS tracking code)
27 September 2014 - Card Received
 
Adjustment of Status (I-148) Timeline
21 July 2014 - Sent off
24 July 2014 - Acceptance - Fingerprint fee accepted and case processed at Nebraska Service Center
30 July 2014 - NOA1 Received
26 August 2014 - Biometrics Done
12 November 2014 - Notification of Potential Interview Waiver (NPIW) Received
26 March 2014 - Cleveland Field Office is requesting my file from NBC.
23 April 2014 - Green Card Ordered!
 
 

Avatar Photo by Henry Mühlpfordt / CC-BY

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Good point about the EAD-- I didn't explain fully. He is working as an INTERN -- no pay but great experience with opportunity for pay when his EAD arrives. As I said, our approach may be a little unconventional but I'm hoping we are able to prove to USCIS that we are a real couple.

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hey - any news or followup?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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The OP hasn't logged on to VJ since February 21.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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The OP hasn't logged on to VJ since February 21.

Exactly, TBonez.

See, on stuff where I participate, without any answer for 4 to 5 months, I _do_ seek a followup, especially when the original question is long...


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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The EAD came shortly after, and solved this problem! Now we are waiting on the interview to get his permanent residency status.. Says it's been "to be scheduled for an interview" since January, and still no word!


Thank you for your help, I really do appreciate it! Did you have a similar experience waiting a long time for an interview?

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Thanks for the follow up !

The vista opens widely, with an EAD card in hand !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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