AstroM33

Thanks. I found out through the DMV website that you were correct. I indeed need to have my wife apply for a new card with the notice of action.

I should have gone to the dmv first, but the comment saved me tons of time going through a very lengthy website.

I highly recommend you check your State's rules. You can find them under acceptable documents to prove legal presence and a copy should be available online. It will be listed there as Notice Of Action or I-797

However, if you want to wait until approval, then they will issue her an ID for longer than 1 year...

Thanks. I'll check now and see if I find anything.

Does anyone have any experience with this in the State of California?

Hi everyone,

We recently filed the I-751 and got the NOA letter stating my wife now had a one year extension. I have read numerous posts stating that one can re enter the country with the expired residency card AND the letter. However, I would like to know what can my wife do to renew her state ID card? The one she had expires the same day as her residency card. Should she just go to the department of motor vehicles and show them the extension letter?

André

Thanks for the reply. I am reluctant, however, to make an appointment using infopass as I have read on numerous threads that all they can tell you is to refer to the timelines online. Of course if you have had an experience to the contrary I would love to hear about it. At this point any anecdotal evidence would at least give me some hope. I just would hate to miss work just to go and be told that I have to refer to the timelines online.

I sent in my wife's apps in late May. So far she has received her I-131 approved, I-765 approved. In July she received a RFE. We sent back a translated copy of her birth certificate. After that we have heard nothing. As far as I know the application is at the National Benefits Center as we sent all the docs to the Lee's Summit address. I called to get an update and was told that this application was a the local Los Angeles office and that the timeline said that they are processing applications from November 2007.

This means that at this rate her application will not be approved until approximately 10 months from now!!! I have been reading the comments from the other May 2008 filers and most seem to have been approved for their AOS in less than 6 months time.

Any suggestions or similar experiences? I am getting REALLY worried here.

Thanks for any help.

I am kinda getting nervous as to her AOS not being approved but everything else was.

Don't worry, this is normal. Everybody's EAD and AP gets approved before the AOS. Those are temporary work and travel documents until they issue the green card which is the permanent work and travel document.

If they approved the AOS at the same time, there would be no need for EAD and AP.

Actually I had read on the "May '08 AOS filers" that most of the K-1 filers had had their AOS approved before or concurrently with their EAD and AP. That, more than anything, is what has me worried. Apparently most K-1 filers get their AOS approved without the need for an interview. I don't mind having to go through an interview, but I would love to avoid it if at all possible.

Thank you very much everyone. I was looking for a similar topic, but I wanted a California-specific answer. Hopefully this won't drag on for too long. I am kinda getting nervous as to her AOS not being approved but everything else was.

Hi everyone,

My wife finally got her employment authorization and advance parole approved. However, for some reason the adjustment of status (I485) has still not been approved. Her I-94 is long ago expired. Is there anyway that I can get her a California ID or driver's license? Or maybe even an Social Security Card.

Any help would really help me out. I want her to have more independence, but it is really hard when I have to drive her around everywhere or she has to take the bus.

The I-797 showed that a card had been ordered. That means she will now be able to work. Unfortunately, I checked again this morning and three is still no update on the status of my wife's advance parole or the adjustment of status. :-(

Which one showed this status of card production ordered? If it is your I-485, it appears you have been approved without interview. Or was it the EAD?

I sent all of my wife's applications (I131, I485, I797) on May 21st. They received it on May 22nd. I received the NOAs on May 28th. I received the biometrics appointment letter on June 4th. The biometrics appointment was set for June 20th.

For some reason I then received a request for initial evidence because I "did not submit a copy of the applicants birth certificate." I found this strange since I thought they wouldn't have even given my wife her biometrics appointment first of all without having all the needed documentation. I sent the copy of the birth certificate along with the translation the first week of July.

After that my wife did not receive any touches or anything. Today when I checked online it stated "On August 12, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service."

This is great and gave me a lot of needed hope, but my question to all of you is whether anyone here thinks whether my wife and I will have to go to an interview or not. We have not been transfered to California like so many of the other K1 filers, but it seems like they are sure taking long with our application. More than anything she really wants to get the approval of the advanced parole as it has been about a year and a half since she has seen her family.

It has been close to 90 days and still nothing. Any ideas why they could be taking this long?

I sent all of my wife's applications (I131, I485, I797) on May 21st. They received it on May 22nd. I received the NOAs on May 28th. I received the biometrics appointment letter on June 4th. The biometrics appointment was set for June 20th.

For some reason I then received a request for initial evidence because I "did not submit a copy of the applicants birth certificate." I found this strange since I thought they wouldn't have even given my wife her biometrics appointment first of all without having all the needed documentation. I sent the copy of the birth certificate along with the translation the first week of July.

After that my wife did not receive any touches or anything. Today when I checked online it stated "On August 12, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service."

This is great and gave me a lot of needed hope, but my question to all of you is whether anyone here thinks whether my wife and I will have to go to an interview or not. We have not been transfered to California like so many of the other K1 filers, but it seems like they are sure taking long with our application. More than anything she really wants to get the approval of the advanced parole as it has been about a year and a half since she has seen her family.

It has been close to 90 days and still nothing. Any ideas why they could be taking this long?

The illegal immigrant entered the US illegally. He then married a U.S. citizen stateside.

Hi everyone,

I am currently going through a K-1 visa and an acquaintance asked what the process was for someone who married an illegal immigrant here in the U.S. I was not sure, but told her that I imagined the person would have to leave the U.S. to their native country and then the USC spouse would have to petition them from here.

Am I wrong? Anyone have any ideas as to what the process actually entails? Has anyone actually done this?

I would love to help them out. Any help will be greatly appreciated.

That was my thinking too when we adjusted status from the K1 and I did not include my bc (I am the USC).

Last week I received an RFE from USCIS asking for it.

It does not seem to be required but it doesn't mean they won't ask for it. I think you just need to decide if you want to take that gamble or not.

good luck with whatever you decide.

Wow!! I wasn't even thinking about including mine. I was asking about including my wife's birth certificate. Well unfortunately I couldn't even attach mine if I wanted to because I have to look for it and most likely have to go and ask for a copy from somewhere or other. So I guess I will take a gamble.

I guess I should include the birth certificate of my wife? Right?

I was just wondering why the checklist says that a birth certificate of the petitioner should be included in the adjustment of status packet? Why? I have gone through the instructions of every single form (I-485, I-131, G-325A, etc.), but none seem to have a requirement to attach a copy of a birth certificate.

Any ideas?

Anyone?

According to the I-485 instructions it states:

Effective July 30, 2007, if you file Form I-485 to adjust your status as a permanent resident, no additional fee is required to also file an application for emploment authorization on Form I-765 and/or advance parole on Form I-131. You may file these form concurrently. If you choose to file the I-765 and/or I-131 separately after the effective date, you must also submit a copy of your I-797C, Noce of Action, receipt as evidence of the filing of an I-185.

So is it safe to assume that I can attach the instruction page with this info along with the notice of approval as evidence that she qualifies for advance parole?

Hi everyone,

I am ready to file for AOS and have filled out all the forms for my fiancée. I am going to file the I-1485 concurrently with the I-131, but part 7 of form I-131 has me confused/worried. It states:

On a separate shee(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (see instructions).

The instructions state:

C. Advanced Parole Document

1. If you are in the United States, you must attach:

a. A copy of any document issued to you by

USCIS showing your present status in the

United States; and

b. An explanation or other evidence showing

the circumstances that warrant issuance of an

advance parole document; or

c. If you are an applicant for adjustment of

status, a copy of a USCIS receipt as evidence

that you filed the adjustment application

I can definitely attach the approval notice for the K-1 visa. However, I don't know what evidence I can give showing the circumstance (other than a statement saying she has been here for over a year without seeing her family). Similarly, how can I have a copy of a USCIS receipt as evidence that I filed an AOS if I am filing both these form concurrently (which is allowed).

PLEASE HELP!!

Hi everyone,

I have filled out all the forms for my fiancée, but part 7 of form I-131 has me confused/worried. It states:

On a separate shee(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (see instructions).

The instructions state:

C. Advanced Parole Document

1. If you are in the United States, you must attach:

a. A copy of any document issued to you by

USCIS showing your present status in the

United States; and

b. An explanation or other evidence showing

the circumstances that warrant issuance of an

advance parole document; or

c. If you are an applicant for adjustment of

status, a copy of a USCIS receipt as evidence

that you filed the adjustment application

I can definitely attach the approval notice for the K-1 visa. However, I don't know what evidence I can give showing the circumstance (other than a statement saying she has been here for over a year without seeing her family). Similarly, how can I have a copy of a USCIS receipt as evidence that I filed an AOS if I am filing both these form concurrently (which is allowed).

PLEASE HELP!!

Thanks everyone. I just came back from the exam. They had all the forms and told me to come back on Wednesday for the results.

I will then do a final rundown of everything I need for the AOS and submit.

Actually I think I should be a little clearer. All she has is a vaccination card that she was given after her physical in Nicaragua. It is not on any sort of U.S. form or anything. I think I should just take a blank ds-3025 and I-693 and I-693(a) and see what the physician tells me. Any thoughts?

Yes you will need a new medical... bring the vaccination records and they will prepare the supplemement.

So we will need forms I-693a and DS-3025?

The pinned post on the vaccination supplemental reads:

Q: Do I need to complete another full medical to adjust status?

Per Section 1245.5 in the Code of Federal Regulations, a medical examination shall not be required of an applicant for adjustment of status who entered the United States as a non-immigrant spouse, fiancée, or fiancée of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of 8 CFR chapter I if the applicant was medically examined prior to, and as a condition of, the issuance of the non-immigrant visa; provided that the medical examination occurred not more than 1 year prior to the date of application for adjustment of status.

My wife had her physical more than a year ago, and we have not done an AOS for multiple reasons. Bottom line, now I have to have a new physical done? She does have a vaccination card that was given to her after her physical in Nicaragua as part of the K-1 process, but I doubt that makes any difference.

Please advise. Any help is greatly appreciated.

I have gone through the process of bringing my fiancee here and getting married within the 90-day period required. However, because of schedule, I did not get her a SSN and now the K1 visa is expired. What are my options? Can I still get her an SSN? We have the marriage license and everything.

Also, I have read that once you move you need to inform the gov't. Any ideas on how to do that? I moved MONTHS ago, but did not know I had to do that. Will that in any way affect my applications for SSN, AOS, travel document, etc.?

Thanks for any help you can give me.

Hi everyone,

I was married on 2/16/07, but I still have not received the actual official certificate from the city (we got married at the county recorders office). They did give us a copy of the certificate, but it has a watermark/stamp all across the document stating that it is just the customer copy. I am not sure if this will suffice as evidence of the marriage for filing for AOS. Is it? Or should I wait until I get the official one in the mail? Is there a deadline to file?

Secondly, although I have read the threads on getting an SSN, am I correct to assume that I can indeed go and try to get my lady her SSN after we have married? From the looks of it the only things that hinder getting the SSN are doing it too soon after arriving in the U.S. or doing it too soon to the date the visa expires (2 weeks prior). Then the only problem is having to go change the name once the marriage has taken place to match the new last name taken (if a female is applying). I am correct? Do I need the official certificate to get the SSN for my lady?

Any help or suggestions will be greatly appreciated.

Hi everyone,

I know there are many posts on here regarding this topic, but I have a unique situation.

1.) In latin-america people usually use both their mother's and father's last name in their official documents. By coincedence my lady's mother's last name is the same as mine. It is on her passport, but not on the Visa that got stapled to her passport. I was wondering if I should just apply for the SSN with her last name to match mine? Technically it is her last name even without marrying me. I have read that usually when people apply for an SSN before they marry they then go back and do a name change. I would like to avoid that, but can't wait until I get married because we are planning the ceremony about 2 weeks prior to her I-94 expiring. I read that the SSA does not like issuing the SSN if the I-94 is set to expire in less than 2 weeks.

2.) On item 3 of the SSN application it asks for your citizenship status. I am assuming that the correct item to check of is "Legal Alien not allowed to work" (she does not have authorization yet). Am I right?

3.) Lastly, I have recently moved and was wondering if on any new applications for ANYTHING I should put my old address or my new address. I can put my old address as that was my parent's home and I have easy access to any mail that goes there. I know that later on I want to have documents showing that both her and I live together (utility bills, apartment lease, bank accounts, etc.), but I don't know what to do about this. Will this cause a problem with my SSN application?

I know that I posted a lot of questions and any help will be greatly appreciated. I don't know what I would do WITHOUT Visajourney.

Hi everyone,

I was wondering what everyone thought was the best method to not miss the deadline to get married. When my fiancée arrived at the airport I thought they would give her SOME sort of document that would not only tell us by when we had to get married, but also documents to prepare. Obviously that was not the case. Now obviously the process of simply getting a K-1 visa makes planning anything but the simplest wedding a near impossibility. My fiancée and I have been trying to put together a nice wedding, but I think we are going to give that up and just get married in a courthouse or something. My question, then, is whether getting married in a courthouse simply to allow her to stay here rather than a more formal wedding in any way jeopardize her AOS?

Also, does anyone know if htere is a deadline to file for an adjustment of status once we are married? I'm sure that is the process right? We get married and then file for an AOS?

Thanks for everyone's help. And by the way, my fiancée has been here since Nov. 30th and I think I have had the happiest month of my life. Christmas and New Year's Day was a bit tough on her, but she weathered it considerably well. I hope everyone's journey is going along as well as ours.