What to do while pending AOS

[Amhara 460]

Oh.. so we can apply for DL? Is it going to be only until my visa expires then? Still would be great to have an American ID at least for a bit Do you have to pass all the tests or if you have DL from your country you don't have to? Thanks.

Each state is different on their DL requirements. Most are conforming to a kinda new law, and most will require you to have a document from the USCIS about your immigration status. But you will start here to see about Kentucky DL requirements. http://transportation.ky.gov/Driver-Licensing/Pages/Driver-License-ID-Card-General-Information.aspx

Btw, I doubt that you cannot enroll in classes. International students can register for classes, so why not an intending immigrant that is already here? You may have missed something. You should be able to at least register and take the pre-entrance evaluation tests and/or get your foreign transcripts evaluated for transfer.

You can't get federal student loans until you get at GC, but you can enroll in college.

[maruska&chris 7]

Each state is different on their DL requirements. Most are conforming to a kinda new law, and most will require you to have a document from the USCIS about your immigration status. But you will start here to see about Kentucky DL requirements. http://transportation.ky.gov/Driver-Licensing/Pages/Driver-License-ID-Card-General-Information.aspx

Btw, I doubt that you cannot enroll in classes. International students can register for classes, so why not an intending immigrant that is already here? You may have missed something. You should be able to at least register and take the pre-entrance evaluation tests and/or get your foreign transcripts evaluated for transfer.

You can't get federal student loans until you get at GC, but you can enroll in college.

Thank you, I'm going to look at that.

I'm sorry, I can enroll, but I've been told that I can't start classes until I have my GC, so it doesn't make sense for me to enroll.

[Amhara 460]

I'm sorry, I can enroll, but I've been told that I can't start classes until I have my GC, so it doesn't make sense for me to enroll.

That's what I don't understand - why can't you start your classes until your GC? I've never heard that before.

[waiting4areason 13]

That's what I don't understand - why can't you start your classes until your GC? I've never heard that before.

I actually have, we tried to enroll him before and they said to require proof of eligibility, like a GC to be able to start classes....

[Amhara 460]

I actually have, we tried to enroll him before and they said to require proof of eligibility, like a GC to be able to start classes....

Proof of eligibility could be AOS NOA too. When you have NOA, you are in a pending status, but are still legal. You should be able to give the EAD/AP in lieu of GC too. Did they say they won't accept the EAD?

[waiting4areason 13]

they asked for GC specifically or a student visa or something, we are pending EAD as well so it all comes down to the same

[maruska&chris 7]

That's what I don't understand - why can't you start your classes until your GC? I've never heard that before.

I asked and this is what I got for a reply from the admissions "One reason is because you are here on a Fiancé visa and are waiting for your status change. The other students you speak of may not be here on visa’s. According to your current visa status you are not allowed to enroll in college unless your visa is changed to an F-1 or you have changed are a permanent resident (green card) status. I spoke to our SEVIS representative regarding your status and she stated that you would not be allowed to attend classes until you receive your green card status. You are allowed to take community courses that are not for college credit."

[Amhara 460]

I asked and this is what I got for a reply from the admissions "One reason is because you are here on a Fiancé visa and are waiting for your status change. The other students you speak of may not be here on visa’s. According to your current visa status you are not allowed to enroll in college unless your visa is changed to an F-1 or you have changed are a permanent resident (green card) status. I spoke to our SEVIS representative regarding your status and she stated that you would not be allowed to attend classes until you receive your green card status. You are allowed to take community courses that are not for college credit."

This may help: http://www.lrc.ky.gov/kar/013/002/045.htm

These are from the Kentucky regulations. You may ask your admissions officer what 13 KAR 2:045 section 8(2) means. It says:

A person holding a nonimmigrant visa with designation A, E, G, H-1, H-4 if accompanying a person with an H-1 visa, I, K, L, N, R, shall establish domicile and residency the same as another person.

If you continue to subsection five:

(4) A person shall be a Kentucky resident for the purpose of this administrative regulation if the person graduated from a Kentucky high school and:

(a) Is an undocumented alien;

(b) Holds a visa listed in subsections (2) or (3)(a) of this section; or

© Is a dependent of a person who holds a visa listed in subsections (2) or (3)(a) of this section.

(5)(a) Except as provided in paragraph (b) of this subsection, a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been granted by the federal government.

(b) A person who has petitioned the federal government to reclassify his or her visa status based on marriage to a Kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government, may establish Kentucky domicile and residency at that time.

This means that you don't qualify under subsection 4 because you don't have a high school diploma from KY, but you do under subsection 5 if you filed for the AOS and have an NOA for the GC.

[VFittipaldi 30]

So while my hubby is pending AOS docs , anything we can do? in term of job, school, anything that will have him not stay without doing anything all day? he's not used to that and it gets me worried, any advice, experiences would be appreciated.

If he wasnts to he could go to school to an ESL class or any other class, they are cheap and all the school needs is an SSN. That is what my wife did.

[Amhara 460]

As for Florida, you need to prove 12 months of living in FL, but if you are willing to pay for non-resident rate, you shouldn't be excluded from enrolling and attending classes. (https://www.flvc.org/documents/96858/97588/Guidelines+on+Florida+Residency+for+Tuition+Purposes.pdf/1375dcd4-a273-4319-a833-d54a51f48bbc) Page 6

Provided that the non-U.S. citizen has proof of his or her permanent immigration status, he or she may be classified as a Florida resident after 12 consecutive

months from the time he or she establishes legal Florida residence for tuition purposes (e.g., 12 months from the time he or she purchases a Florida home, obtains a Florida driver's license, etc.). It is not necessary to wait 12 consecutive months from the date he or she becomes an eligible alien (e.g., the date of the resident alien card (I-551) is issued). Following is a list of nonimmigrant categories eligible to establish Florida residency for tuition purposes. (and K visa is on the list).

Also check out page 7.

[maruska&chris 7]

This may help: http://www.lrc.ky.gov/kar/013/002/045.htm

These are from the Kentucky regulations. You may ask your admissions officer what 13 KAR 2:045 section 8(2) means. It says:

A person holding a nonimmigrant visa with designation A, E, G, H-1, H-4 if accompanying a person with an H-1 visa, I, K, L, N, R, shall establish domicile and residency the same as another person.

If you continue to subsection five:

(4) A person shall be a Kentucky resident for the purpose of this administrative regulation if the person graduated from a Kentucky high school and:

(a) Is an undocumented alien;

(b) Holds a visa listed in subsections (2) or (3)(a) of this section; or

© Is a dependent of a person who holds a visa listed in subsections (2) or (3)(a) of this section.

(5)(a) Except as provided in paragraph (b) of this subsection, a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been granted by the federal government.

(b) A person who has petitioned the federal government to reclassify his or her visa status based on marriage to a Kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government, may establish Kentucky domicile and residency at that time.

This means that you don't qualify under subsection 4 because you don't have a high school diploma from KY, but you do under subsection 5 if you filed for the AOS and have an NOA for the GC.

Thank you so much!! I have no idea where you look for things like this, but I'm gonna send it to the lady from admissions immediately! I actually have GED from KY, so it is equivalent of high school diploma... but what is NOA, please?

Edited February 29, 2016 by marieroland

[NikLR 13,220]

Fyi this is a school issue. Each school can have different requirements, especially if they are private vs public. Note the if you cannot prove residence you pay a much higher out of state tuition rate! So talk to the admissions at the schools.

NOA is the notice of action you receive from the USCIS.

[maruska&chris 7]

I did volunteer work and internship ( work without pay to feel how it is here and I liked it ), in this way you are building your references too , learn and do good deeds at the same. I am enrolled in online class too, short courses to broaden my skills.

Could you, please, tell me where did you find internship? I thought internships were only for students. Thank you.

[marianath 27]

We are in the process of AOS for my wife.

USCIS received all paperworks since 12/11/2015 and up until now she does not have any Biometrics Appointment.

We did call to follow up and waiting for their response until 3/11.

This is what she has been doing now:

1. Jogging around the neighborhood and getting to know some of our neighbors.

2. Reviewing the DMV handbook to get ready for her written test when she receives her EAD Card and SSS.

3. Learning how to cook using youtube as her tool... and boy oh boy..she is good now !!

4. Youtube lessons on enhancing her Computer Skills Excel, Word, outlook etc...

5. Watching the news to be current on what is going on around us...

6. Slowly learning not to calculate $$ to P.I. Pesos because everything will be expensive..lol

7. We are active in our Church and she might join the Choir.. I am making fun of her...

I make it a point that atleast 2-3 time during the week when I get home to take her out, not to spend money but atleast walk around the mall, target, grocery etc... to get her out of the house.

During the weekends parks, bike trails etc etc...

[MarieG 2]

That's what I don't understand - why can't you start your classes until your GC? I've never heard that before.