mr-mrs-hdc

Hi all, just wanted to post that even if your driver license is expired. They will accept it as long as it has not expired more than 3 years. Figured I'd post here since a lot of us have extension letters etc. And sometimes these things happen. No questions were asked and they knew exactly what to do. 

On 4/19/2022 at 8:09 PM, nanodice said:

Yes, this is what I've been reading as well. 

 

How did you go about amending the case?

My lawyer I believe sent a letter with our case number saying the divorce was in process. 

But the actual immigration case was amended at the interview. As my IO wondered where my ex-spouse was when we walked into her office. 

Everything went smoothly.... 

34 minutes ago, nanodice said:

So sorry to piggy back on this. I'm currently in the same situation. 

 

My wife and I filed the ROC in April of last year and it hasn't been completed yet. My green card has already long expired and the case is still pending, being transferred from jurisdiction to jurisdiction. 

 

We're currently separated but not through any malicious acts, just that she thought we were incompatible. She's starting the divorce precedings soon and we will be filing for an uncontested divorce.

 

I'm seeing on some websites that i have to contact USCIS to let them know that we're filing and they will wait for it to be final before proceeding, I'm guessing through the RFE like you said. But having read this thread, should I just wait until an interview is scheduled/case is approved then wait for my divorce to be final to let them know? I don't want to seem like I'm hiding my circumstances. My wife doesn't mind accompanying me to the interview either.

 

If not, what does "contact USCIS" even mean? Call them? Email them?

 

I believe that the correct course of actions would be that you would have to amend your application to a divorce waiver. You would need to have the divorce decree though for this. Or they will send you an RFE asking for it. I'm not entirely sure what my attorney did, but it looks like we filed for a divorce waiver without the divorce decree. As I had gotten an RFE requesting the divorce decree. 

My thought would be that you would amend it to a divorce waiver and give them the information of the open family court docket that shows the divorce is in proceeding but has not yet been finalized. And as soon as you get the divorce decree you would send them the certified copy. 

I would honestly double check with an attorney to make sure that this is how you go about it though. As i'm not an immigration expert. 

6 hours ago, SDNOMAD said:

Ok so let's say after 1 year goes by putting me at 3 years as a LPR but I still haven't received my 10 yr GC can I still apply for my citizenship?! 

 

Thanks! 

As long as you are still married you can file for naturalization at 3 year mark with an open I-751 case. 

On 4/4/2022 at 9:05 PM, Kevinbrant said:

Congrats! Did you submit a divorce decree at any point in time?

If you are doing a I-751 with a divorce waiver. you will need your divorce decree. The divorce decree needs to be a certified copy. Make two copies. One for you to keep and one to give to the IO to put in your file. 

Just wait until your interview, and you can amend the filing on the spot. Hope this helps. 

On 1/11/2020 at 12:55 PM, InhaleExhale said:

Is there a specific reason you are recommending a lawyer? Was there any document you could have not formulated yourself without the lawyer?

I got an immigration attorney for my filing. I think in the end it was worth it. (I have the means to pay for it). There was a lot of external stress from the divorce, etc. So having someone take care of all of the filing etc was just one less thing I needed to worry about. 

Do you need one? No.

Is it nice to have. Yes. 

On 5/8/2019 at 11:58 PM, santiagosilva said:

(I've posted this in another thread, but i'm too tired to weed through all the different threads on this forum.)

 

 

did anyone send in a waver after having sent in the original i 751? if so, did you pay all the fees again / send in further evidence?

I adjusted my petition for the divorce waiver at the interview. No need to pay any fees again, etc. 

Be sure to have your divorce decree. You will need a certified copy (the stamp on it). Bring one for them to put into your USCIS file, and obviously keep one for yourself. 

23 hours ago, kvito28 said:

which processing center?

Vermont. 

received 10 yr green card yesterday!

Just recently went through this. we amended my i-751 to a divorce waiver at the interview.
- Asked for a certified copy of the divorce decree. (they took the photocopy version). 

- Asked why the marriage broke down:

If they ask about this, I would try to think about how to describe this other than "breakdown in marriage or irreconcilable differences". As the officer may accept that answer, or they may want more of a detailed explanation. So be prepared for either.

Be tactful in your response, this is not a therapy session. No need to berate or degrade your ex-spouse. 

Then they will run through all the questions in your forms.

Lastly don't over-think it. 

As others have stated, this isn't necessarily your issue to deal with. The onus falls on him to figure out the filing. He will need a divorce decree to proceed regardless. 

Don't know if you travelled as yet. Your LPR status is still valid as long as its pending or approved. 

If you are denied while abroad your LPR status is no longer valid. 

My non-expert thoughts would be do not travel with extension letter once you have had your interview. 

Filed Aug 2020, interview for ROC on March 23, 2022, Approved same day. 

My case wasn't straight forward, DUI and divorce. Will have to wait until 2024 until can complete N400. 

And my journey to Green Card is coming to an end. My card was ordered for production on August 13th. (My interview was july 26th). 

Not yet unfortunately, hopefully we start getting interview dates by the end of january?

1 hour ago, Hamilton said:

Does anyone know if we absolutely need to bring our foreign passport to the interview? I have to submit it to another country's embassy to get a visa... so just in case we get an interview scheduled before the passport is returned.

Yes, you will need to bring it with you. The IO will more then likely want to see your passport. 

On 12/2/2017 at 12:32 PM, Mzkyia79 said:

Anyone have any news or updates? Our NOA1 was 9/12 I think or maybe 9/11. Still waiting for AP, EAD and  to be scheduled for interview 😭

How long did you wait for EAD?? 

Hi,

i believe it had taken 90 days exactly to get the card in production message. However, I only applied for the ead and not the AP. 

The law states that you should carry your PR card with you at all times.

However, I dont think I have ever seen this enforced ever. 

Usually carrying a driver license or state id is enough to prove legal presence. 

However, if you cross an international border you will need your PR card and it should be on you when crossing.

My PD date is Aug 1 for my I-485. My EAD was approved and have the card in hand, but my I-485 is still at "Received fingerprint fees".  

25 minutes ago, shakeyy said:

Thank you! 

What did you show when you did the exchange? (I'd have to check with dmv here to be sure for Florida) 

Just curious if it was hard..

 

Thanks!

Hey, it was pretty easy for me.

What they needed from me:

1) SSN Card

2) Passport (or you can use birth certificate)

3) EAD Card

4) I-797 NOA for my I-485 (I brought all of my NOA's).

5) 2 pieces of mail to establish residency. (I only really needed one, because of my I-797 had my address on them).

6) I also showed them my Canadian driver license.

I went into the DMV and said I was a new resident and wanted to transfer my license. I filled out a form. Took the eye exam.

The hard part was waiting 70 minutes to finally get called up.... I had my new driver license within 20 minutes of handing over all the documents. They also never punched my Canadian driver license/ made me hand it over. So I guess I have two... I'll just keep the Ontario license as a souvenir now though. 

If you are legally allowed to obtain a US driver license you are required to transfer your license within usually 60 days.

if you are not eligible for a driver license in the US. Your Canadian driver license is fine to drive with as long as it’s valid. 

Hopefully that answers your question regarding “legality”

Each state is different. 

Canadian driver license are usually able to trade in for us equivelant with only an eye test.

Check your states dmv requirements regarding identity and residency. 

I just got got my pa driver license today and had a valid G level Ontario license. I only needed to complete an eye exam to get my PA lic. 

Just went to the ssa and applied for my ssn. Hopefully have it in 2 weeks or earlier. 

29 minutes ago, kori said:

About medicals,  should we do it now and submit with the I-485 or do it later and submit it at the interview ?

Thanks

 

Hi,

I never did my medicals yet. I have been waiting to do them. You do not need to send the I-693 with your I-485 to file it. You will need to bring it with you to the interview though. Or mail it in if they request it. 

25 minutes ago, kori said:

Hi everyone,

I am filing I-485 after filing I-130 in July. Do i need to add the $85 for biometrics? I think i already paid for that when filing I-130.

Thanks.

Hi,

You will need to include the $85.00 biometric fee with the I-485.