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Logic to delaying drivers license

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Hello VJ friends!

I wanted to double check my logic on this one and see if I'm missing something or it's a bad decision...

We live in PA - here you can drive on a foreign license for up to one year. Unless you are a legal resident, then you have 60 days to update your license.

Our I-94 expires in a week, we have applied for AOS and just had the biometric appointment. Right now EAD estimates are mid-November. 😰

 

I'm thinking that we should delay applying for his US driver's license until we receive the EAD. My logic is that, if we obtain it now, it will expire soon with the I-94. Then he will have an expired US license and probably could no longer driver on his foreign license since they US system would probably think he instead is driving on an expired US license. It would make him stuck. BUT if we wait until the EAD, then they can just keep renewing the license with the EAD expiration dates and then the greencard expiration dates. So my logic is that not having a US license allows him to drive while we wait but if we apply for one now, he will be stuck without being able to drive for a period.

 

Am I missing something or does this sound like a good plan?

 

As an aside he got pulled over a couple of weeks ago for a headlight that was out and they didn't have a problem with his foreign license, so I know he's ok to drive on that! :)

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You may be looking for the rules for visitors and once he got here with a k1 visa he isn’t a visitor and can’t rely on his foreign license for long. 

if his i94 expires in a week, he’s way past using the foreign license and definitely need the States one. Check with the states dmv but most likely the best situation is to wait out for ead to get a license valid for longer.

 

Being stopped and having no problems this once should not be a sign that he’s ok driving on his foreign license

 

 

 

 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

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I would get him a State issued ID if that is an option,  I would also get him a state issued fishing licenses, both of those can serve him for ID's.

 

I would just let him drive on his home country Driver Licenses, cops don't know immigration rules/laws, all they care about is if you have a DL and insurance from what I have seen


ChickBoy

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2 minutes ago, Falcon Cara said:

I would get him a State issued ID if that is an option,  I would also get him a state issued fishing licenses, both of those can serve him for ID's.

 

I would just let him drive on his home country Driver Licenses, cops don't know immigration rules/laws, all they care about is if you have a DL and insurance from what I have seen

But they would immediately see that he is a resident (fishing license), but  driving on a foreign license.....might raise questions...


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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Lots of things you can get away with, just do not get stopped by the Police or get involved in an accident.


“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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Is NOA 1 accepted in PA as proof of legal presence ? if yes ,and you want an American picture Id , use that to apply for a DL . In MI I did just that ,but they verified me in the SAVE database. It took me 4 visits to the DMV .  

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7 minutes ago, alun said:

Is NOA 1 accepted in PA as proof of legal presence ? if yes ,and you want an American picture Id , use that to apply for a DL . In MI I did just that ,but they verified me in the SAVE database. It took me 4 visits to the DMV .  

NOA for submission of the I-485 is evidence of "authorized stay"...but not legal status.  From what I see, in PA (for a drivers license) , you'll need an EAD along with the NOA.  Perhaps @geowrian has the answer for PA drivers licenses.

 

From http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL Publications/pub 195nc.pdf

 

image.png.9eed75247906e98d0a4bb91593801111.png


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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40 minutes ago, missileman said:

NOA for submission of the I-485 is evidence of "authorized stay"...but not legal status.  From what I see, in PA (for a drivers license) , you'll need an EAD along with the NOA.  Perhaps @geowrian has the answer for PA drivers licenses.

 

From http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL Publications/pub 195nc.pdf

 

image.png.9eed75247906e98d0a4bb91593801111.png

PA is a pain in the ##### but is actually fairly lenient for legal aliens compared to many other states...

 

My wife got a driver's license while still in K-1 status via her passport (with K-1 visa and admission stamp) + I-94 + SSN + residency evidence + marriage certificate + my birth certificate. They refused to issue the license until after marriage...I thought it was a mistake on their part but I verified that is the requirement for PA. Same for evidence of me being a USC. The license expired 90 days from entry into the US.

 

She then went back to the DMV once she filed for AOS. She was still in K-1 status at the time - this was crucial. They issued the new license valid for 1 year.

I know it says "status", but I think that's a misnomer as they accept an EAD (see below), biometrics notice, etc. which can indicate a lawful presence instead.

 

She returned again as that year completed. They issued her a new license valid for 1 year from when the EAD was issued....which got her a few more months, but that was it.

 

Once she got a green card, she returned again and got a license valid for 2 years (when the green card expires).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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