Jump to content
SpaceAge

Unable to drive limbo period - Ohio

 Share

36 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Wales
Timeline

There are a few terms to describe somebody after 90 days on a K1 until they get a GC, under colour of law is the one I like.

 

Legal status you have for the first 90 days and when you get LPR.

“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.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

The term told to me by a lawyer is "Applicant for Adjustment" -- or, more concisely, "Adjustment Applicant."

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

Link to comment
Share on other sites

I would suggest you look through your general statues for your state.  When the subject has been brought up for my state (North Carolina) generally all the information posted on the boards is wrong.  Most of it pertains to residency.  Our state has a similar requirement that you get a license within 60 days of becoming a resident (30 in your state).  A resident is defined by someone that has lived in the state for 6 months, if they are not otherwise considered a resident of another state or country.  Residency as it applies to driving licenses is not where you live, it's a legal definition set by your state.

 

While I didn't read through all the applicable laws for Ohio, this is the definition of a resident as it applies to Licensing in Ohio law:  "Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.  If you have an adjustment of status pending not sure how you can be considered permanent until a Green card is issued.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, RS77 said:

While I didn't read through all the applicable laws for Ohio, this is the definition of a resident as it applies to Licensing in Ohio law:  "Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.  If you have an adjustment of status pending not sure how you can be considered permanent until a Green card is issued.

That is easy, States issue Driving Licenses Immigration Law is a Federal.

 

So for example illegals in Colorado can get a Driver's License as they are resident in Colorado. They can not get a Real ID compliant one.

 

And if you are adjusting status and do reside where you live, where do you reside?

“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.”

Link to comment
Share on other sites

25 minutes ago, Boiler said:

That is easy, States issue Driving Licenses Immigration Law is a Federal.

 

So for example illegals in Colorado can get a Driver's License as they are resident in Colorado. They can not get a Real ID compliant one.

 

And if you are adjusting status and do reside where you live, where do you reside?

I reside in Toledo Ohio. I have someone at the DMV who told me to email my documents in last week so hopefully i’ll get an answer soon enough one way or another. 

Link to comment
Share on other sites

  • 2 weeks later...

Update from DMV. This is how she copy and pasted it so excuse the obvious mistakes:

————

Good afternoon,

 

Looking at your documents, all you need to provide at the DR is an I-797 or I-797C with an I-485 case type.

 

This will show she you applied for adjustment of status (K-1 to I-551) since her I-94 has expired. If you want to have your married name on her Ohio DL, you will need to make sure the I-797 has the married name on it, as that will be the name on her I-551 when it is approved.

 

——————-

 

on asking about if I can ‘learn’ beside my husband

 

You cannot get a learner’s permit until you have some kind of case type, and you cannot drive on your UK license due to you not being a visitor now.

 

 

——————

 

in short. I am immobile for the foreseeable. 

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Germany
Timeline

Sounds to me you should be able to get your license as soon as your I-797C a.k.a. NOA1 arrives.  If you mailed your AOS application as planned, two weeks ago, that should be very soon. 

Link to comment
Share on other sites

2 hours ago, RLA said:

Sounds to me you should be able to get your license as soon as your I-797C a.k.a. NOA1 arrives.  If you mailed your AOS application as planned, two weeks ago, that should be very soon. 

I’m a bit delayed. My partner needs his 1099 from his old employer to send with the W2 and we’ve been chasing it for a month. Hoping it comes this week!

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

Also attempting to navigate the murky Michigan drivers licences waters here now, hi folks.

 

So I'm neither visitor nor resident currently, am, as TBone says 'Adjustment Applicant' or at least I will be once the AOS application goes in.

 

FAAAAAAAAAAAAAAAAAAAAAAAAARK!  Why can't anything be straight forward, I just need to get on with life. ....

 

What about to enroll with a certified driving school & take some lessons? Is there a 'provisional licence' equivalent that I could do this with until I can take a Michigan drivers test?

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

 

No....wait I think I have it now. ....

 

Legal to drive on UK licence until I-94 expires,  then apply for Michigan licence using SSN plus I-797......yes? I should probably call DHS just to confirm 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

You need to go and look at the DMV web site, a quick look suggests you can get a license valid to your I 94 expiry and then will need EAD.

“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.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
6 hours ago, Scottish Mernymph said:

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

Here is the official list of required documents.  I don't see I-797 on the list in column 2...

https://www.michigan.gov/documents/DE40_032001_20459_7.pdf

 

Agree with @Boiler

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline
12 hours ago, missileman said:

Here is the official list of required documents.  I don't see I-797 on the list in column 2...

https://www.michigan.gov/documents/DE40_032001_20459_7.pdf

 

Agree with @Boiler

Thanks,  it could be argued that the way the part about the "unexpired passport showing entry stamp or I-94" doesn't make it entirely clear that it's the I-94 that needs to be within expiry date. 

 

I'll give the SOS a call tomorrow, we don't have a DMV apparently. 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...