VERY CONFUSED, ANY INFO GREATLY APPRECIATED!!

[sjgusmc21 0]

Hope everyone is doing well. We are doing well, but I am sooooo freak'n confused on some of the topic description processes. I and my wife were married in March (she arrived here from Manila, PI on Feb 28) and all has been just wonderful, just very confused with some of the processes. I filed her AOS paperwork (I-485) on June 21, MSC received it on the 27th, and we completed her Biometrics yesterday (7-21-07), which I was amazed it was so quick (and the office is only 4 miles from where we live)! She has her SSN card, Military ID CARD (I am a retired Marine), Military Medical Insurance (Tri-Care), Dental, etc. Anyway, we tried to………

1) Obtain for her a Drivers Learner Permit (Virginia DMV=NIGHTMARE), and we were denied because her I-94 was expired (by one day). Depending on which DMV you ask, we have received many different opinions on how to obtain her Drivers Learner Permit. Has anyone else had this problem? The online documentation states that ‘have in possession a valid Passport and I-94, or an expired I-94.’ Also, it states that they ‘Might allow the use of the NOA2 (appointment of Biometrics), but it is up to the DMV officer to make a decision on this’. Very confusing and very frustrating.

2) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

3) Expired I-94. Wow, I COMPLETELY underestimated, and quite honestly, didn’t have any clue on how important this form is. Is there a way of getting this renewed without paying the $500 or so amount? Or do I need to even consider this form at this point?

OK, thank you for your time and ANY opinions AND/OR suggestions, etc. would be GREATLY APPRECIATED. I am still in shock at home much the prices for all of the different paperwork will go up on the 30th of July! Thank God we submitted ours when we did. Take care, Stacy.

[Cécy 44]

2) you do need an EAD. A SSN by itself does not allow you to work. Either you apply for an EAD quickly or else you'll have to wait for the GC.

3) it doesn't matter now. You don't need it anymore your case is AOS pending status. You got married on time and sent the AOS the I-94 is expired and that's it.

From now on you'll have to use the papers from the AOS to show your status.

[sunandmoon 450]

) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

will need an EAD or green card to work. The Military dependant ID card is a valid document from list B on the I-9 form. however her SSN probably has " valid only with DHS authorization" so that would not satisfy the requirement from list C of the I-9 form.

[misa 2]

Just a question... Did she change her name after marriage? If so, what names appear on her AOS NOA1 and her SSN? Maiden or married? She will need to show proof of name change if that is the case if she changed her name and her married name appears on the AOS NOA1 and her SSN. The biometrics notice won't suffice but the NOA1 for AOS might along with everything else (e.g. passport, K1, military ID, NOA1 for AOS, etc.).

This is the VA doc showing what constitutes primary and secondary ID as well as legal presence: http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf

Also if she didn't get an EAD stamp at the POE, she can't work until she has a GC or EAD (if you choose to apply for one).

Edited July 22, 2007 by misa

[Dean/Gra 0]

Hope everyone is doing well. We are doing well, but I am sooooo freak'n confused on some of the topic description processes. I and my wife were married in March (she arrived here from Manila, PI on Feb 28) and all has been just wonderful, just very confused with some of the processes. I filed her AOS paperwork (I-485) on June 21, MSC received it on the 27th, and we completed her Biometrics yesterday (7-21-07), which I was amazed it was so quick (and the office is only 4 miles from where we live)! She has her SSN card, Military ID CARD (I am a retired Marine), Military Medical Insurance (Tri-Care), Dental, etc. Anyway, we tried to………

1) Obtain for her a Drivers Learner Permit (Virginia DMV=NIGHTMARE), and we were denied because her I-94 was expired (by one day). Depending on which DMV you ask, we have received many different opinions on how to obtain her Drivers Learner Permit. Has anyone else had this problem? The online documentation states that ‘have in possession a valid Passport and I-94, or an expired I-94.’ Also, it states that they ‘Might allow the use of the NOA2 (appointment of Biometrics), but it is up to the DMV officer to make a decision on this’. Very confusing and very frustrating.

2) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

3) Expired I-94. Wow, I COMPLETELY underestimated, and quite honestly, didn’t have any clue on how important this form is. Is there a way of getting this renewed without paying the $500 or so amount? Or do I need to even consider this form at this point?

OK, thank you for your time and ANY opinions AND/OR suggestions, etc. would be GREATLY APPRECIATED. I am still in shock at home much the prices for all of the different paperwork will go up on the 30th of July! Thank God we submitted ours when we did. Take care, Stacy.

We were not able to get a state ID or learners permit in Oklahoma until the AOS is complete. We also applied to get her name changed on the SS card, but they also would not change until AOS is complete. I think we just need to wait until they get their work completed. Good luck,

Dean

[sjgusmc21 0]

Just a question... Did she change her name after marriage? If so, what names appear on her AOS NOA1 and her SSN? Maiden or married? She will need to show proof of name change if that is the case if she changed her name and her married name appears on the AOS NOA1 and her SSN. The biometrics notice won't suffice but the NOA1 for AOS might along with everything else (e.g. passport, K1, military ID, NOA1 for AOS, etc.).

This is the VA doc showing what constitutes primary and secondary ID as well as legal presence: http://www.dmv.state.va.us/webdoc/pdf/dmv141.pdf

Also if she didn't get an EAD stamp at the POE, she can't work until she has a GC or EAD (if you choose to apply for one).

Yes she did, she took my last name. Yeah, we noticed that when we got her NOA-1 and NOA-2 (literally 2 days apart). They put her maiden name on it, and did not put her SSN in either. So when we went to the Biometrics appointment, the lady there looked at our marriage certificate, and entered my last name on the form. Thank you for your help.

[sjgusmc21 0]

) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

will need an EAD or green card to work. The Military dependant ID card is a valid document from list B on the I-9 form. however her SSN probably has " valid only with DHS authorization" so that would not satisfy the requirement from list C of the I-9 form.

Thank you! Once again, I failed to look closely at her SSN card and you are correct, "valid only with DHS authorization". Can't believe I missed that one. So once she gets her green card, will we submit for a new SSN card? I would think so. You know, I was so proud of all of theI-129F paperwork, the ease that she sailed through the embassey, etc., etc. This seems to be much more indepth and tricky compared to everything else. Thanks again.

[Cécy 44]

Yes, every time her immigration status changes she should go to the SS to get it changed (marriage, EAD, GC and to finish citizenship).

[cshell 0]

1) Obtain for her a Drivers Learner Permit (Virginia DMV=NIGHTMARE), and we were denied because her I-94 was expired (by one day). Depending on which DMV you ask, we have received many different opinions on how to obtain her Drivers Learner Permit. Has anyone else had this problem? The online documentation states that ‘have in possession a valid Passport and I-94, or an expired I-94.’ Also, it states that they ‘Might allow the use of the NOA2 (appointment of Biometrics), but it is up to the DMV officer to make a decision on this’. Very confusing and very frustrating.

Re: Driver's/Learner's Permit do a search here on VJ on Virginia to see how other people were able to obtain theirs. In NY I got lucky with showing my marriage certificate and valid I-94 with a week left on it. Just ask for a supervisor and show the NOA1 and marriage certificate and you you might get through.

Edited July 23, 2007 by cshell

[Miranda&James 8]

Hope everyone is doing well. We are doing well, but I am sooooo freak'n confused on some of the topic description processes. I and my wife were married in March (she arrived here from Manila, PI on Feb 28) and all has been just wonderful, just very confused with some of the processes. I filed her AOS paperwork (I-485) on June 21, MSC received it on the 27th, and we completed her Biometrics yesterday (7-21-07), which I was amazed it was so quick (and the office is only 4 miles from where we live)! She has her SSN card, Military ID CARD (I am a retired Marine), Military Medical Insurance (Tri-Care), Dental, etc. Anyway, we tried to………

1) Obtain for her a Drivers Learner Permit (Virginia DMV=NIGHTMARE), and we were denied because her I-94 was expired (by one day). Depending on which DMV you ask, we have received many different opinions on how to obtain her Drivers Learner Permit. Has anyone else had this problem? The online documentation states that ‘have in possession a valid Passport and I-94, or an expired I-94.’ Also, it states that they ‘Might allow the use of the NOA2 (appointment of Biometrics), but it is up to the DMV officer to make a decision on this’. Very confusing and very frustrating.

2) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

3) Expired I-94. Wow, I COMPLETELY underestimated, and quite honestly, didn’t have any clue on how important this form is. Is there a way of getting this renewed without paying the $500 or so amount? Or do I need to even consider this form at this point?

OK, thank you for your time and ANY opinions AND/OR suggestions, etc. would be GREATLY APPRECIATED. I am still in shock at home much the prices for all of the different paperwork will go up on the 30th of July! Thank God we submitted ours when we did. Take care, Stacy.

1) Since it varies from state to state I can only tell you my experience in Alabama. While James doesn't have his DL yet, it is definitely a big pain to get it. We were told, since he has his EAD, that he has to apply to get his DL within 90 days of it expiring. And I don't think it would last very long (the DL), so it was all a big mess.

2) YES YES YES you MUST have an EAD to legally work in the USA. Her SSN should say on it "valid to work only with DHS authorization", which means she must have an EAD to work and the people at Fashion Bug should notice that as soon as she tries to apply, but not all employers are up to date on immigrant working issues so it is up to you to be sure you are following the law. You still have a few days, apply for that EAD, you don't know how long it will be till the greencard comes though if you happen to get stuck in namechecks, it has been years for some people (but I certainly hope not for you, just a warning on expecting the greencard to come fast)

3) Erm, I've honestly never heard of renewing an I-94, I'm fairly sure that that isn't even something you need to consider but seeing as I've never heard of that maybe someone else will pop up with info.

Wow in the time it took me to post that loads of people replied and said the same thing I did

Edited July 23, 2007 by Miranda&James

[Kez/JWolf 6]

You can not extend the I-94..... most states will accept an EAD as proof of status when applying for a Drivers license.... you do not have to wait for the Greencard....

Kez

[ene 0]

Hope everyone is doing well. We are doing well, but I am sooooo freak'n confused on some of the topic description processes. I and my wife were married in March (she arrived here from Manila, PI on Feb 28) and all has been just wonderful, just very confused with some of the processes. I filed her AOS paperwork (I-485) on June 21, MSC received it on the 27th, and we completed her Biometrics yesterday (7-21-07), which I was amazed it was so quick (and the office is only 4 miles from where we live)! She has her SSN card, Military ID CARD (I am a retired Marine), Military Medical Insurance (Tri-Care), Dental, etc. Anyway, we tried to………

1) Obtain for her a Drivers Learner Permit (Virginia DMV=NIGHTMARE), and we were denied because her I-94 was expired (by one day). Depending on which DMV you ask, we have received many different opinions on how to obtain her Drivers Learner Permit. Has anyone else had this problem? The online documentation states that ‘have in possession a valid Passport and I-94, or an expired I-94.’ Also, it states that they ‘Might allow the use of the NOA2 (appointment of Biometrics), but it is up to the DMV officer to make a decision on this’. Very confusing and very frustrating.

2) Working: Was told by one store (Fashion Bug) that if they were to hire her, all they need is a SSN card and a military ID card (Valid ID). Do we need a I-765? I mean I about felt sick when I saw the price increase on the 30th of July! Can anyone help me with this? Wish I would have submitted it with her AOS package, but didn’t think we needed it because of her already having her SSN. This was one of the alternate documents that DMV asked for as well.

3) Expired I-94. Wow, I COMPLETELY underestimated, and quite honestly, didn’t have any clue on how important this form is. Is there a way of getting this renewed without paying the $500 or so amount? Or do I need to even consider this form at this point?

OK, thank you for your time and ANY opinions AND/OR suggestions, etc. would be GREATLY APPRECIATED. I am still in shock at home much the prices for all of the different paperwork will go up on the 30th of July! Thank God we submitted ours when we did. Take care, Stacy.

Hi Stacey,

I'm also in VA. And yes, the DMV here in VA is so frustrating, especially the one near Tysons Corner. I was in a similar situation and even took the biometrics paper that was signed by the officer during the biometrics appointment all that, but they wouldn't accept it, even talked to one of the managers because I was getting mixed information and had to go in a couple of times. Finally, fed up with that location, I went to a different DMV ( in Springfield) and got the most logical explanation. Basically they said that unless u have the paper that says that your AOS was approved, they can only give you a temporary license that will expire when your I-94 expires. And in my case, because I was swapping my Cdn driver's license with a temporary one, it wouldn't be worth it because one, they'll take my Cdn license away for good while getting a temporary VA one and two, because I'd have to pay again to renew the license and the lady said it wasn't worth it. So all in all, I haven't been able to do it and I've been here since April. I just got the card production emailed so once I get something by snail mail, I'll go again and try. Hope this helps. Good luck!

[sjgusmc21 0]

Hi Stacey,

I'm also in VA. And yes, the DMV here in VA is so frustrating, especially the one near Tysons Corner. I was in a similar situation and even took the biometrics paper that was signed by the officer during the biometrics appointment all that, but they wouldn't accept it, even talked to one of the managers because I was getting mixed information and had to go in a couple of times. Finally, fed up with that location, I went to a different DMV ( in Springfield) and got the most logical explanation. Basically they said that unless u have the paper that says that your AOS was approved, they can only give you a temporary license that will expire when your I-94 expires. And in my case, because I was swapping my Cdn driver's license with a temporary one, it wouldn't be worth it because one, they'll take my Cdn license away for good while getting a temporary VA one and two, because I'd have to pay again to renew the license and the lady said it wasn't worth it. So all in all, I haven't been able to do it and I've been here since April. I just got the card production emailed so once I get something by snail mail, I'll go again and try. Hope this helps. Good luck!

Ene, thank you for your response, and THANK ALL OF YOU for you help! I am going to go ahead and file the I-785 this Thursday, and hopefully it will not take that long. Ene, the Springfield mall DMV was the one we had all of the problems with....LOTS of problems and most of them all do to very bad attitudes, with is not uncommon for DMV's here. We are going to try the Chantilly Branch....will let you know what happens.

As for the I-785, our NOA2 for AOS is at the MSC location. But according to the quidelines here on this website, I should mail the EAS to the Vermont Service Center. Any thoughts on this? OK thank you all again for your help and guidance and we both wish all you happiness and good health. Take care, Stacy.

[sjgusmc21 0]

Just an update: Today my wife was allowed to take the Drivers written exam in Chantilly, VA. What they required was her SSN Card, Original Marriage Certificate, NOA-1 (AOS), Passport with current / or expired visa and I-94. Although she didn't pass, we are very happy now that we don't have to 'fight' the system any longer until her Green Card arrives. Thank you all for your help. Stacy

[rebeccajo 14]

Yes, every time her immigration status changes she should go to the SS to get it changed (marriage, EAD, GC and to finish citizenship).

Erm...not quite right.

You file for a SS card as soon as you reasonably can after arrival in the States. For those changing their name after marriage, you file to change the name. Then after you receive the greencard, you file to have the work restriction lifted. At natz, it's helpful for take them a copy of your certificate.

There's no specific step at EAD.

Edited July 30, 2007 by rebeccajo