AOS confusions

[Jervie 0]

Hello everybody,

 

I, once again, need your insight to resolve some of my preoccupation regarding my Adjustment of Status.

 

1) I-94: When I arrived in the US the border employee, after checking the package of visa k1, put a stamp on my passport with the date of my entry, the expiration date of it (90 days to marry) and my alien registration number. Is that the I-94? Should I make a copy and send it with my AOS package? I also tried to get the I-94 online but didn't show any result.

 

2) I-693 Medical Exam: I've read that all visa k1 holders are not required to take another medical exam since if the previous one is still valid (one year, I had it on June 26th 2017). In that case what should I send with my AOS? After my medical exam the doctor gave me an envelope with the list of vaccinations that I had, should I make a copy and send that?

 

3) DL California State: If you know any information about the driving license in California, will the DMV accept my SSN, passport and marriage certificate to take the license or they need my Green Card?

 

Thank you everyone.

[KULtoATL 1,551]

1) Download your I-94 here: https://i94.cbp.dhs.gov/I94/.

 

2) If your DS-3025 is marked complete, you can make a copy to submit with your AOS. If not, you'll have to get the missing vaccinations and have the civil surgeon transcribe everything to the I-693.

 

3) I'm not sure about this 

[theanswerisdance 144]

23 minutes ago, Jervie said:

 

 

3) DL California State: If you know any information about the driving license in California, will the DMV accept my SSN, passport and marriage certificate to take the license or they need my Green Card?

 

 

The California DMV was the worst part of my entire immigration experience -- it made dealing with USCIS seem like a walk in the park! I have read a handful of cases where people got lucky, either with nice DMV employees or clueless ones, and those people were able to get their CA driver's licenses by showing the visa in their passport and the DMV would issue a temporary license set to expire the day that their visa expired (so if you came in on a K1, it would be at the end of the 90 day validity period). But in general, they will not issue your driver's license until they have proof of your immigration status/residency, and SSN doesn't count. They do usually accept the EAD though, rather than making you wait till you have the Green Card, so make sure you file AOS right away so you can get the EAD asap.

 

Alternatively, if your spouse is in the U.S. Military and you have a dependent ID card, you can get it early that way too. I went in before I had either EAD or GC and said my husband was being deployed on orders (which he was) and that I needed a license to be able to get around, get groceries, go to the doctor while he was gone. After being denied on three occasions by different staff who refused to get me a supervisor when I showed them my military ID, I went in a fourth time and managed to see one and she asked to see my military ID. When I showed her she was like, "Well that's all we needed to see, why didn't you just show this when you came in on previous occasions?" and issued me my license. *bangs head against wall*

 

 

[Jervie 0]

Thank you Kul and theanswer for fast reply,

 

1) I got my i-94. Country of Issuance was the problem, since I lived in Italy and got my passport there, I thought it would have been Italy, instead it was my nationality.

 

2) It is marked complete. 

 

3) I've read the 90 days validity, I'll get it anyway since here where I am you can't get anywhere without a DL unless you're willing to wait long for buses or spend tons of money for uber.

 

Thank you again, I was having a headache to find some info for days.

[theanswerisdance 144]

6 minutes ago, Jervie said:

Thank you Kul and theanswer for fast reply,

 

1) I got my i-94. Country of Issuance was the problem, since I lived in Italy and got my passport there, I thought it would have been Italy, instead it was my nationality.

 

2) It is marked complete. 

 

3) I've read the 90 days validity, I'll get it anyway since here where I am you can't get anywhere without a DL unless you're willing to wait long for buses or spend tons of money for uber.

 

Thank you again, I was having a headache to find some info for days.

To clarify for the 90 day validity thing, you can *try* to get it with the visa in your passport, but there is no guarantee they will issue it. Technically, that visa expired the minute you entered the U.S. on it, so wiser DMV employees recognize that the "expires on" date means nothing because you're already in country now. Make sure you have your SSN first if you try to go in with that. Other people have tried a combo of SSN and I-94. But honestly, the CA DMV is such a gong show that it really is luck of the draw whether they'll even allow you to get the temporary license with any of those documents. Be prepared to get denied and have to wait for the EAD...that way if you get a temporary one issued earlier then it'll be a pleasant surprise. 

[Jervie 0]

I hear that CA is quite fast on issuing AOS, EAD and AP so if I get denied I hope it won't be a log wait.

[Dutchster 1,106]

Sure you can get a drivers license with your passport and I-94 but it will only be valid until your I-94 expires (exactly 90 days after arriving in the US). Renewing it will be a problem since they mostly want to see your employment card (EAD) or green card. You could try with the AOS I-797 notice that your green card petition is being processed but speaking out of experience, here in Tennessee, I'll strongly suggest to avoid the stress and frustration that comes with it and wait at least until you have your EAD.

Edited July 23, 2017 by Dutchster

[Suss&Camm 2,213]

3 minutes ago, Jervie said:

I hear that CA is quite fast on issuing AOS, EAD and AP so if I get denied I hope it won't be a log wait.

EAD and AP are processed at the same place for all K1's, therefore the processing time has nothing to do with your state. For the AOS if you are approved directly at the NBC without interview it will be the fastest but if you are given an interview THEN it depends on your local office. Current EAD AP processing times 90-130 - ish days.

[SteveE 25]

Here is a link to the CA DMV information

 

ID Card Check List (same for D/L)

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/dl/checklists/id

 

Birth date verification and legal presence (BD/LP) requirements

The issue of identification reliability, integrity, and confidentiality is of prime concern to all citizens. Eligibility for government services, issuance of various licenses, assessment of taxes, the right to vote, etc., are all determined through evaluations based on identification documents. It is critical that identification documents be authenticated and accurate in identifying each applicant. The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

If your current name no longer matches the name on your BD/LP document, see "True Full Name" and "How to Change Your Name" for more information.

Only the original or a certified copy of one of the following documents is acceptable:

• US Birth Certificate (certified copy from state or local vital statistics office)
• US Certificate of Birth Abroad or Report of Birth Abroad
• Federal Proof of Indian Blood Degree
• USCIS American Indian Card
• Birth Certificate or passport issued from a US Territory
• A valid US Passport or US Passport Card
• US Military Identification Cards (Active or reserve duty, dependent of a military member, retired member, discharged from service, medical/religious personnel)
• Certificate of Naturalization or Citizenship
• Northern Mariana Card
• USCIS US Citizen ID Card
• Permanent Resident Card
• Temporary Resident Identification Card
• Canadian Passport/Birth Certificate
• Non-resident Alien Canadian Border Crossing Card
• Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
• "Processed for I-551" stamped in a valid foreign passport
• Permanent Resident Re-entry Permit
• Refugee travel document
• Certified court order or judgment issued from a court of competent jurisdiction. Must contain name, birth date, place of birth, legal presence status, and judge's signature.
• Certification from California Department of Corrections or California Youth Authority
• Employment Authorization Card (I-776)
• Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
• Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
• Notice of Action (I-797 Approved Petition) - must indicate approved extension of stay or change in status that grants temporary or permanent residency, or indicates that an original, duplicate or renewal Resident Alien card is forthcoming.
• Immigration judge's order granting asylum
• Mexican Border Crossing Card with valid I-94
• U.S. Border Crossing Identification card with valid I-94

 

I got my CA ID with my EAD and it was an easy process‚ I made an online appointment beforehand. The expiration date for the ID is the same date as the EAD (so it is valid for one year).

 

You may well need to go with your spouse to be able to satisfy the residency requirements for getting the ID and use their relationship to satisfy the critieria

https://www.dmv.ca.gov/portal/dmv/detail/dl/dl_info#Residency Documents

 

 

 

[goodlulck52 69]

Thanks for the information! 

[GabiMatch 161]

I know for sure that you can get a DL with the EAD in any State (how can you work if you can't drive?), what I do know is that I got a DL here in Florida with my NOA1, I just went to DMV with my NOAs, my marriage certificate (I wanted to use my married name), passport and EXPIRED I-94. It took some time, as the woman didn't know exactly how to proceed and had to ask for help but my DL is valid for 1 year from the date that I applied and I don't even have a SSN as I entered United States in a tourist visa.

Peace!

[NYCruiser 423]

On 7/23/2017 at 11:47 AM, Dutchster said:

Sure you can get a drivers license with your passport and I-94 but it will only be valid until your I-94 expires (exactly 90 days after arriving in the US). Renewing it will be a problem since they mostly want to see your employment card (EAD) or green card. You could try with the AOS I-797 notice that your green card petition is being processed but speaking out of experience, here in Tennessee, I'll strongly suggest to avoid the stress and frustration that comes with it and wait at least until you have your EAD.

You set the ball rolling on another state, so I will chime in. New York. It was tough!!...and confusing. However, yes, with the SS Number together with his Passport and Printed out I-94 they gave him a NY State ID....for the duration of the K1. We filed the AOL, and within two months, the AP and EAD came in the mail, and the next day we made an appointment with the DMV and they issued his ID for One Year. Then he passed his Written Test...back to the DMV to get the Learners Permit.

THEN he passed the Driving (Physical test), so back to the DMV for the One year license based on the EAD. Later that year the ROC Green Card came in the mail (No interview)....well you guessed it...!! Back to the DMV for a TWO YEAR validity Driver License. 

 

His two year green card expires this August. We have the NOA1...yes you guessed it...BACK to the DMV for another year..................This never ends. 

 

................saving grace. NY DMV has appointment slots that you can select times. Surprise, they see you within 5 minutes of that time. Hope this is the case with CA?

[theanswerisdance 144]

48 minutes ago, NYCruiser said:

 

................saving grace. NY DMV has appointment slots that you can select times. Surprise, they see you within 5 minutes of that time. Hope this is the case with CA?

That sounds so nice!! Here in CA you can make an appointment too, but you're still going to wait 30 minutes (at least) before you actually get to speak to someone. And you have to check in for your appointment first, and sometimes the check-in line for appointments is longer than the walk-in line! So crazy. I never understood complaints about the DMV till I moved here...I was always like, "what's the big deal? I have to go renew my license in Canada or renew my car registration at the registry and it's not that painful." HA!

 

Based on what you and others have said about the timeline of repeatedly renewing licenses, though, it looks like after all my troubles I did get lucky with one fluke. When I got my CA license in 2015, using military ID and before I ever received my EAD or GC, they set the expiry date for my birthday...in 2020! I've heard a lot of people have to go in with their extension letter from ROC and get a one-year renewal of their license so I am counting my blessings that this is one less thing I have to deal with. I've had enough of the CA DMV to last a lifetime!!

[theanswerisdance 144]

OP, another thing I just remembered about CA DMV: if you go in before you have the EAD and try to get a license with your valid I-94, they may issue it to you with an expiry date of the I-94, but they absolutely won't issue it if your I-94 has less than 30 days remaining on it. So if you try the I-94 route, do it right away as you won't be able to in the last month.