What can you not do during AoS processing?

[rob999 51]

Hi,

Recently I posted in a topic that was discussing frustrations of waiting so long for an AoS/Greencard. I have just got my NOA 2 on the K1 journey (part of TSC backlog) and in my mindset is the process is going to be better as I will now at least by with my fiancee (though I know this is a bit blinkered). Instead of hijacking the original thread I thought I start a new one as I wanted to understand more about the next stage.

What are the limitations in not being officially classed as a "permanent residence" in the limbo between K1 and getting the first green card?

So far I have:

• Poor treatment at US border points, probably sidelined to the "holding room". Seems quite a fuss is made (even though they are the part of the same agency for the reason why your green card is delayed!).
• Green card required to have permanent drivers licence.
• Many limitations on any job with the governments, it's agencies or the services (e.g. police) as not classed as PR
• Require green card to apply for financial aid (though I guess that's why the ask for an Affidavit of Support in K1?)

If anyone has met challenges in their day-to-day life around not being a PR it would be great if you could share. Would help us K1'ers be less surprised in upcoming challenges.

Thanks
Rob

[YouAndMeForever 1,022]

Hi,

Recently I posted in a topic that was discussing frustrations of waiting so long for an AoS/Greencard. I have just got my NOA 2 on the K1 journey (part of TSC backlog) and in my mindset is the process is going to be better as I will now at least by with my fiancee (though I know this is a bit blinkered). Instead of hijacking the original thread I thought I start a new one as I wanted to understand more about the next stage.

What are the limitations in not being officially classed as a "permanent residence" in the limbo between K1 and getting the first green card?

So far I have:

• Poor treatment at US border points, probably sidelined to the "holding room". Seems quite a fuss is made (even though they are the part of the same agency for the reason why your green card is delayed!).
• Green card required to have permanent drivers licence.
• Many limitations on any job with the governments, it's agencies or the services (e.g. police) as not classed as PR
• Require green card to apply for financial aid (though I guess that's why the ask for an Affidavit of Support in K1?)

If anyone has met challenges in their day-to-day life around not being a PR it would be great if you could share. Would help us K1'ers be less surprised in upcoming challenges.

Thanks

Rob

My experience:

Drivers License/Non-Drivers License: No, you don't need to be a Lawful Permanent Resident (LPR/green card holder) to obtain a (non)driver's license. However, most states won't allow you to have a State ID until you have your EAD. EAD (Employment Authorization Document/work permit) takes 60-90 days from filing to be approved and mailed, so even if you got married and filed for it on your first week in the US, it is very likely that you have to spend 2-3 months without being able to drive or simply having a US ID.

Bank accounts: Some banks won't allow you to open a bank account unless you have your EAD (and a State ID). On the other hand, there are many-many bank chains that will allow you to open a bank account with only a valid foreign passport (or a valid foreign passport+SSN). For example the bank my husband is at (smaller, pretty much local bank), didn't allow me to open a bank account even though I presented my valid foreign passport, my unexpired I-94 (at that time I was still within the 90 days validity of my K1 visa) and my Social Security Card. They told me to come back when I have my EAD and my State ID.

Last but not least (based on my personal experience), it is both mentally and emotionally overwhelming and draining to be in this limbo. Sometimes I feel like even though I'm physically here in the US, I haven't "arrive" yet. I received my EAD card a little more than a week ago, so now my life is easier and I am finally allowed to work. Not being able to work is very crippling. I worked out multiple hours a day, cleaned the apartment from top to bottom and read numerous books to make my body and mind busy. Plus, I spent lots of time on VJ. It is very a reassuring and positive feeling to know that so many people go through the same journey.

My advice is to get married and file for AOS/EAD/AP as soon as you can after arriving to the US. It allows you to start a "normal" life sooner.

Good luck to you!

Edited June 1, 2015 by YouAndMeForever

[AB loves AG 54]

In my state my husband can't get a permanent drivers license until he has his green card. We filed AOS April 2014 and we're still waiting by the way. We also had trouble when we went to refinance our mortgage, he can't be on a mortgage unless there is 3 years left on his green card. At least at the bank I went to. This means we have to wait for his 10 year green card. I have to refinance in only my name. Auto loan on the other hand was no problem, even without his green card. Staring that there are such drastic differences. Auto - no green card needed. . Mortgage - 3 years left on a green card.

[TabeaK 516]

Great topic. Would love to hear more experiences about this topic.

And great, another thing to look forward to. As if it isn't enough to be stuck for 1 year getting a K1, then we'll be stuck another 1.5 years until we can actually be legal permanent residents.

[rtor1 52]

Well, I learned here in the US that everything you need depends on the discretion of whoever you're talking to, even in the same same agencies (E.g DMV) you get completely different information depending on the staff member you are directed to. I guess we experience this along this process when we see so many discrepancies. But let me give you my personal opinion/experience about your list:

Poor Treatment: Doesn't happen to everybody, again depends on whoever is taking care of you, their mood and etc. I have been to the US on a tourist visa so many times and I went from Cloud 9 to Hell at the check points. Going to the secondary inspection room is part of this process and although I didn't have the best experience ever (I faced a long delay) I can't say I received a poor treatment, it was just OK and they were playing their roles (The bad cops) to protect their country against the millions attempts of illegal immigration.

Driver License: Again, there is no standard in DMV. I received so many different info while in there and from people I know who lives in the same state (Virginia). You're right when you say you won't get your 8 years DL without your GC and it totally makes sense since they are trying to comply with Immigration aspects. While you're not a LPR they can't assure you will stay in this country or even if you will Adjust your Status to become a legal resident, so why to issue a long term permission to somebody who potentially can be out of status? That's how they work and I agree. It also has something to do with the fraud that happened in DMV a while ago. Let me tell you what happened to me: I went to DMV, took the tests and got my DL, however the expiration date was based on my I-94 (Valid until July 27) and I explained my situation to the Supervisor and he told me that once I got my I-797C from AOS I should come back to extend my license. I went by and got a new temporary DL with 12 months expiration date. It made sense to me since generally it takes up to 12 months to receive your GC. Once with the GC on hands I can get my 8 years DL. If my GC takes more than a year I will just come back and explain the situation and show again my NOA1, EAD, AP and whatever I have.

Government Jobs: You're right that almost 100% of the gov. jobs require not only the LPR status but citizenship (Please check USA Jobs), but again I totally understand this (Not saying if it's right or wrong). They'd rather offer jobs to their citizens than to the millions of legal residents. MANY countries in the world have the same policies.

Bank: I had no problem at all and I was easily added to my husband's account. The only ''issue'' I had was that she couldn't add my married name until I had any kind of State ID. So initially it was made under my maiden name and once I got my ID (I got the Military ID) it was changed to my married name. I haven't experienced anything related to financial aid but I have a point and I try to understand the Authorities perspective: So can you picture if financial aid was easily granted to whoever comes to this country and are not legally allowed to be here? There would be NO WAY to estimate their budget and the country would literally face a collapse (The LPR condition is the proof they have we are legally allowed to be here, until we get the status they can not ensure we will become one: What if the AOS is denied or something similar? They can't predict).

I would say that my only challenge has nothing to do with the AOS itself but the Citizenship. My husband is in the Military and he told me that the fact I am not a citizen can affect his future promotions and he wants me to apply asap (He told me as a Military wife I don't need to wait 5 years - Not sure about it). He told me one guy was about to advance and make chief, however his wife was from some African country and not an american citizen so they denied his promotion.

What I try to do to help myself for now is basically cleaning the house (Well, I had and still have a lot to work), I brought my dog from Brazil so I spend my time taking him to parks and training him. Nothing too excited but that's what I have for now, especially since my husband is underway and won't be back home until middle july!!!

[TBoneTX 43,011]

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum, where similar issues are often discussed. ***

[rob999 51]

Thanks all, this is great information and advice. Doesn't sound as bad as the K-1 (when it's in backlog) where you are away from your partner but still not great either!

I actually managed to get a Bank of America account set-up when I was over a few months ago on holiday, they only wanted to see my passport.

Driving licence sounds a pain, I'll ask my "sponsor" for a dedicated limo service

It's a shame that everything takes so long when you are trying to integrate into the culture and live an honest life following the constitution. I can see that this process may catch the ones who are trying to cheat the system but still doesn't make it easy for the rest, ho hum.

[AB loves AG 54]

Thanks all, this is great information and advice. Doesn't sound as bad as the K-1 (when it's in backlog) where you are away from your partner but still not great either!

I actually managed to get a Bank of America account set-up when I was over a few months ago on holiday, they only wanted to see my passport.

Driving licence sounds a pain, I'll ask my "sponsor" for a dedicated limo service

It's a shame that everything takes so long when you are trying to integrate into the culture and live an honest life following the constitution. I can see that this process may catch the ones who are trying to cheat the system but still doesn't make it easy for the rest, ho hum.

In my state we for lucky and we went to the DMV before his I94 expires. They said if that was expired we would have to wait for the EAD card. Now because our AOS is taking soooooooo long we have to renew the EAD card. We just went to the DMV and they told us the expiry date of the drivers license will coordinate with the EAD card until the green card comes.

[evapaula 230]

My experience was pretty good and I didn't feel like I was missing out on anything so far (I've just received my GC).

You should look up the laws in your state, but in my case, I can drive with an international driver's licence for a year, so I didnt bother to get one yet (the DL is valid for as long as the document that shows your legal status, so in most states, you can get a DL based on your K1 visa, but it will expire in 90 days, and then you get it renewed based on EAD etc). I drove from day 3, I have been pulled over and my Romanian licence was inspected and was fine, and I'm going to finally get an american DL now that I have my GC.

Bank account - as soon as I had my marriage certificate in hand, Chase let me have a joint account with my husband, and two months later, they approved a credit card with a pretty decent limit (our savings account served as guarantee), even though I had no credit history at the time.

International travel - I have actually traveled on advance parole, and everybody was super nice to me. Yes, it took a little longer at POE (I had no visa coming back, but I was not a resident yet either, so they had to pull me into secondary inspection and that takes a while), but the officer was very respectful and told me this was just procedure and as soon as I had my GC, it would be easy-breezy.

If there are other specific areas you are interested in, just ask. But my experience has been very positive in every way, and I do not feel second class anywhere. Waiting for the K1 was very different, but once married and here with my husband, other than giving me clear legal status, the GC didn't change much.

[hanniel 41]

My experience:

Drivers License/Non-Drivers License: No, you don't need to be a Lawful Permanent Resident (LPR/green card holder) to obtain a (non)driver's license. However, most states won't allow you to have a State ID until you have your EAD. EAD (Employment Authorization Document/work permit) takes 60-90 days from filing to be approved and mailed, so even if you got married and filed for it on your first week in the US, it is very likely that you have to spend 2-3 months without being able to drive or simply having a US ID.

Bank accounts: Some banks won't allow you to open a bank account unless you have your EAD (and a State ID). On the other hand, there are many-many bank chains that will allow you to open a bank account with only a valid foreign passport (or a valid foreign passport+SSN). For example the bank my husband is at (smaller, pretty much local bank), didn't allow me to open a bank account even though I presented my valid foreign passport, my unexpired I-94 (at that time I was still within the 90 days validity of my K1 visa) and my Social Security Card. They told me to come back when I have my EAD and my State ID.

Last but not least (based on my personal experience), it is both mentally and emotionally overwhelming and draining to be in this limbo. Sometimes I feel like even though I'm physically here in the US, I haven't "arrive" yet. I received my EAD card a little more than a week ago, so now my life is easier and I am finally allowed to work. Not being able to work is very crippling. I worked out multiple hours a day, cleaned the apartment from top to bottom and read numerous books to make my body and mind busy. Plus, I spent lots of time on VJ. It is very a reassuring and positive feeling to know that so many people go through the same journey.

My advice is to get married and file for AOS/EAD/AP as soon as you can after arriving to the US. It allows you to start a "normal" life sooner.

Good luck to you!

Nice write up on the situation

[YouAndMeForever 1,022]

Nice write up on the situation

Thank you, I'm glad you enjoyed!

[Unidentified 2,930]

Thank you for starting this thread!

I have a question because I am a little bit confused... If I have understood this correctly I can get a driver's license with a short expiration date on it before my Green Card and a long term driver's license when I receive my Green Card? I currently have one that expires in 2016 so I thought great, I don't have to worry about all this and then I realized I'm going to change my last name once I'm married so I'll have to get a new one anyway.

[Unidentified 2,930]

I would say that my only challenge has nothing to do with the AOS itself but the Citizenship. My husband is in the Military and he told me that the fact I am not a citizen can affect his future promotions and he wants me to apply asap (He told me as a Military wife I don't need to wait 5 years - Not sure about it). He told me one guy was about to advance and make chief, however his wife was from some African country and not an american citizen so they denied his promotion.

It's 3 years for anyone who marries a US citizen, for other routes towards naturalization is either 5 or 7 forgot which one.

[rtor1 52]

Thank you for starting this thread!

I have a question because I am a little bit confused... If I have understood this correctly I can get a driver's license with a short expiration date on it before my Green Card and a long term driver's license when I receive my Green Card? I currently have one that expires in 2016 so I thought great, I don't have to worry about all this and then I realized I'm going to change my last name once I'm married so I'll have to get a new one anyway.

I see you're coming to Virginia as well so that's how it was for me: They gave me one valid until 2016 (1 year after my NOA1 date) when I took my AOS I-797C there, before they gave me one matching my I-94 expiration (NOT visa because it doesn't make sense since it's a 1 entry visa). The Supervisor told me that once I get my GC they will issue the 8 years one. As I mentioned before DMV lacks standards so I am talking about my own experience in Norfolk, VA. I had to show my passport, I-94, certified married certificate, proof of residency (I took a utility bill under my name) and the lady even asked to see my husband's ID (Lucky me he was there with me)

The DL you meant is a US Driver license? If so, I would keep this one and come back there just before it's expiration and then get a new one with your married name. I assume it wouldn't be a problem to keep yours under your maiden name. In VA if you're NOT visiting (We are not visiting, we intend to become a permanent resident) you can not drive unless you hold a DL from Germany, France, Canada or Republic of Korea (According to DMV instructions).

[rob999 51]

I was hearing mixed reports around waiting two weeks to get SSN to allow the transfer of my POE through the SAVE system. Seems that might not be the case now and I just need to print off my I-94 from the website and apply for my SSN the day after I arrive?

Definitely applying for a State ID when I get my SSN so I don't have to be carrying my passport everywhere in case I need it for ID.