SpaceAge

My saga continues. 
Has anyone else on the K1 where the I94 expired, and you have your I797 had the scenario where you get all the way to passing your test and they can’t verify your immigration status in the SAFE system? 
 

I now have to wait up to 21 days and keep checking my SAFE status. If approved I get my license, if not I get denied and have to wait for my EAD and SSN. 
 

Did you get two biometrics appointments? I went yesterday to mine then today I got a second biometrics appointment in the post so I’ve got to go all the way back to Detroit to do them again? Seems crazy (and expensive) 

2 hours ago, eckoin said:

The best thing that can come of out of OP's extremely unfortunate--and in my opinion unfair but laws are laws etc--experience, is that it can be referred to when people throw out "overstays are forgiven for spouses!" spiel. 

 

Sure, but the major caveat is that you cannot come into contact with police or immigration officers. And many people think that translates to, "don't break any laws," which means they've never been in a car accident in the US, at fault or not. Let alone just being asked for identification in general--just coming into contact with any representative of the law can put your status in question. This is why some people refuse to act as witnesses. 

 

OP - thank you for posting your horrible experience, and I do think people can learn from it. I hope it gets sorted out sooner than later. 

Thank you

2 hours ago, missileman said:

To be fair, there are some of us here on Visa Journey who very, very adamantly advise people to file for adjustment prior to expiration of the I-94....and I hope your experience has helped to convince the rest.

My error, it was a typo, I actually meant RapidVisa who come up on all the searches. 

3 minutes ago, Allaboutwaiting said:

I’m truly sorry you have to go through this nightmarish experience; I cannot even grasp how you feel now. 

Regarding the incident that lead to your detention, hope you don’t mind me asking, but, was there an altercation or is it customary to ask for ID from passengers during traffic incidents?

 

Again, I cannot fathom your current emotional state, but I do wish the fairest outcome and the happiest ending possible.

Not that it matters, and not that I understand the reasons whether you have to produce when asked or not, but someone in my party was in trouble with the police which was the reason for the stop.

I had no idea nor anyone else in the car. We all happily showed ID as we didnt see a reason not to. I will not be contacting nor socialising in that circle again needless to be said. 

My emotional state is rock bottom as you can appreciate. I have never ever been in trouble in my life.

17 minutes ago, Boiler said:

I have heard of Facebook groups but never went looking for any, on here one advantage is that if misleading info is published it will usually be picked up.

 

Current income is what counts.

Thats why i included the link to Rapid Visa on the original post as that site comes up first on most google searches. I wanted people to be aware. 

Current income as in ‘employed’ or as in on the current tax form we have that shows he easily met the sponsorship?

3 minutes ago, JFH said:

Were you driving with your UK license? Did you get a “driving without a valid license” charge also? Most states require you to obtain a state license within 30 days of taking residency there. Or even less. 

No i was not allowed to drive or sit my test until I had NOA1 from AOS which is why I was trying to file as quick as I could after the wedding. 

15 minutes ago, missileman said:

There are no advantages to delaying filing for adjustment of status........

I was not delaying it. I had it completed. The delays were both from outside sources to make sure the pack had all the documents they needed which were the marriage licence and tax form. I should have just posted without and got an RFE with hindsight had I known this deadline that is not clear on USCIS existed

7 minutes ago, Redheadguy03 said:

Oh trust me I understand hindsight. We did fiance visa and I definitely wish we would have gone spousal visa, but that's over now for us. I sure hope it works out for you! A quick question have you filed your AOS now? You said your husband lost his job, which he would need the income for AOS. Is a cosponsor an option? 

The court took just the AOS part of the pack at court on Monday. I need to get hold of the lawyer to find out what I now do with the EAD, advance parole etc to pay the one filing fee. I think until i get my next court date I just have to wait to see that they will approve it but theyve held onto my passport and Uk drivers licence so I have no photo ID at all now which I thought was a crime in itself so im scared to leave the house. My husband needs to find a job ASAP and i think we’ll need to amend the affidavit, i have no option for a cosponsor here. He earned enough on his tax returns so im not sure if him being between jobs will be a problem, knowing my luck it will be though. 

2 minutes ago, Redheadguy03 said:

You are out of Status after the 90 days. We filed for my wife after 90, but it was pretty soon after. You are an example of what can happen. It's definitely not common though. Yet another reason why spousal visa is a better option. 

Hindsight is a wonderful thing. I was only 12 days over which was a soon as I could with the marriage licence going missing first. Im paying the price even though I tried everything I could to get it off on time and now i face losing everything. 

4 minutes ago, Beddy2015 said:

Wow, what a horrible experience!  So sorry.  The people in the forum you were reading about that said you only have to be married within the 90 days period are not correct. Once the K1 visa expires, you are basically out of status. So you have to file AOS  ASAP so you can adjust your status. 

Yes I was trying to. I never imagined that they would not at least review my completed pack and let me show proof of why i was just days over the 90 days. Less than 2 weeks. The USCIS screen shots I posted didnt help, I very much thought it would be crystal clear on there to FILE within 90 days but all it says is to marry.

6 minutes ago, VNN said:

There has been always a risk associated with not adjusting the status in timely manner.  Many do not take it too seriously because the chance of getting caught is slim and you, unluckily, just happen to be in this slim chance.

 

To have a good sleep, many  people in VJ advise to file as soon as possible as you never know you can be in bad situation.

The term ‘timely manner’ is the issue, i was doing it within a week of my wedding then hit the delays with my marriage licence and rogue tax form. I have read of people filing months after the 90 days when they were not in such a rush to work or travel ‘home’, I was in a rush to work and drive so had the pack all done bar those documents and now I am in the sh*t and may not be able to stay with my husband now because of the financial impact its had.

3 minutes ago, Pengunista said:

I’m so sorry to hear about your situation.  I’m not adjusting from K1 visa but I’ve read enough post from people here and as far as I know you can file adjustment of status as soon as you get married, so the day after you get married you can already send all your paperwork for your adjustment of status.  

We got married 23rd Feb, my marriage licence was incorrectly filed by the officiant which took 3 weeks to arrive then the tax form didnt arrive. I had every intention filing the week after the wedding within the 90 days and had proof of both delays as I filed a complaint with the court about the officiant too. I should have maybe posted it without both documents IF i had known there was a deadline but the rapidvisa website and USCIS implied otherwise as per the links and images I posted. I sure know now.

So, like many people I filed my own K1 application and read a lot of forums and visa pages online including this one with a video https://rapidvisa.com/required-adjust-status-within-90-days-fiance-visa/ this stating you do NOT need to adjust status in the 90 days, just marry which I did.

I have also been in FB groups of people who married late in the 90 days and adjusted status just fine. 

So basically, I entered mid Dec, married late February and even though I couldnt find anything on USCIS about a deadline to file, I was really trying to do it within 90 days so I could finally sit my driving test on receipt of NOA1. 

I had it all completed ready to post with a signed cheque and everything but my husbands 1099 tax form which had been posted in error to his old address. Knowing I needed it for the affidavit, I made what was now a HUGE mistake to wait for it. I was 2 weeks over the 90 days at this point.

I was in the car at a traffic incident and the police officer asked to check IDs, I happily showed my passport as I did not think it would be a problem. Well it was, I was arrested and Border Patrol came for me and would not let me go home to show them my completed pack, nor the proof we had chased the rogue document. 

I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. The ICE deportation officer who could have given me bail refused to grant it me despite me getting very ill with my medication being stopped abruptly and said ALL immigrants are now forced to wait to go to court and be seen by a judge as you are immediately in deportation proceedings on arrest. It took 4 weeks to get a court date and a further week to get a bond hearing. I ended up paying for a lawyer and paying $5000 bond to get out of jail for what I could have resolved within days had they let me get the tax form. 

I have read all the USCIS site and cannot see anything about the need to FILE in 90 days, just marry. I appreciate some people may know this but I and many others I have spoken to did not so this post is merely a warning to others. I have lost all my money now being unable to work as my EAD was in the pack to send off, I lost my honeymoon, I have more court dates now and lawyer fees to pay plus the AOS filing fee when they let me do that. This has been distressing and terrifying and having never been in trouble in my life, jail was dreadful. 

(Also on a side note I saw a lot of people in jail who had actually entered illegally from Mexico living in the US for many many years and their treatment was appalling. Not one person in the jail spoke Spanish and all the legal papers they were served were in English with no translator.)

Please be careful when reading online about filing for AOS, learn from my mistake as I have lost everything and to add salt to the wound, as I only have my husband here, who had to keep driving to the jail and also to the court in Cleveland, he now lost his job for too much time off trying to get me out. 

Hopefully he will get a job to be able to continue the affidavit or I’ll be getting sent ‘home’ where I have nothing to go back to. I have never felt so desolate as I do now and stuck. 

Thanks for reading. 

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!

1 minute ago, payxibka said:

6 mos. for the Visa, 12 mos for AOS

 

disregard OMB, it means nothing 

Ok any ideas on the 2020 date? Thats well over a year to when I had it. It expires this June and I am worried at which point of AOS this is relevant to. Biometrics or interview. 

2 minutes ago, Ben&Zian said:

 

~Moved to Adjustment of Status Case Filing And Progress Reports~

 

In theory, as long as the medical is still valid at time of sending off and acceptance of the AOS packet, you should be fine... they still could ask you to get a new medical done by time of the AOS interview because it will have been long expired then.

 

But they may not... We didn't have an interview but my husbands medical and all was fine for the AOS process so... but you are definitely cutting it close. If they request a new medical, will have to be done by a civil surgeon, pricey, but can "shop around" and find best priced one. PRobably just will have to do a physical again not shots since already had them.

I am actually recalling now they said the UK medicals are only valid for 6 months as I had to enter the US by late December because of it. So it is ‘expired’ based on that. I know it used to be 12 months. 

On entry I was held in secondary as they thought it already expired in December but it hadnt so after a LONG check I went through. 

On my medical however there is a stamp with an OMB number, an ‘estimated burden’ and an expiry that reads 10/31/2020

6 months validity for vaccinations seems a bit short especially as some are lifelong or unnecessary to have again once youve had them? 

I have my AOS all ready to go but I am waiting on my partner getting a 1099 form to go with his W2 tax return. His old employer is taking ages to send this and it is delaying me doing ....well everything as I need the I797 to get my drivers licence and I also need my SSN to open a bank account etc etc.

My medical expires mid June and I have read that if it is out of date I may have to pay for another medical and all the jabs I had last year again. 

Can anyone advise at which point of the AOS the valid medical is critical for, is it biometrics or is it the greencard interview? 

Thanks

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. 

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. 

On 3/15/2019 at 11:04 AM, dentsflogged said:

Personally, I'd say if you can go into the local DMV and talk to a person. Often the people responding to social media enquiries don't work in specifics so don't know any workarounds.  

If I was to believe the information on the WI DMV website, I shouldn't be able to get my license. 

Yesterday I left the local DMV with my "instruction permit"  after passing the vision test and theory tests (identifying signs and road rule tests). Booked in for a physical driving skills test next Thursday which will net me a probationary license.   

 

The lady there was very helpful and looked over the paperwork I had (marriage license, i-94, NOA1, Australian passport, Australian unrestricted drivers license) and got me to sign a form that says I'm "not eligible for a SSN" (which I'm not until my Combo card is issued) and then a phone call down to their head office to approve the over-ride - I was in and out in about an hour. 

So, yeah.  Head down to DMV with all the paperwork you have and just ask - worst they can say is no, but you might be lucky.

I did go in person. I just took the paperwork they advised by social media before i went. This was in the local DMV office.

14 minutes ago, fip & jim said:

As others have said, it is worth going back to your BMV and seeing if you can get any further by speaking to someone. It took me 3 visits to get my temporary permit. I really sympathise because I have been in the same position over winter in Michigan. I delayed getting a licence too because the ice and snow scared me. 

 

The first visit at the DMV I did my theory test and had my documents checked. One clerk told me they had to do a Homeland Security check to check I am here legally, and that it could take up to 3 months. That was depressing to hear. They gave me a reference number to check online with SAVE if it had been processed. 10 days later there was a tick mark showing on the SAVE website and that it had been returned to the agency, so we went down to the DMV again only to be told it hadn't cleared. They had access to a different screen which gave more detail and it showed that my case was still under review. Again, that really was a depressing day. My husband called the Secretary of State office the next day to see what could be done. They took his number and called back 3 hours later. That clerk said I had absolutely got clearance and to go back to the DMV. We were prepared to battle and speak to the supervisor by this point but it was absolutely fine and I was issued a temporary permit straight away. I was told that if I wanted to use my UK license I could take the road test ASAP but I want to get more confident driving on the opposite side of the road, and in snow and ice, etc. I know every state has different regulations and requirements but it is worth trying again in person to see if you can get any further. I don't have EAD yet either and the state website said that was a requirement but my other documents sufficed. 

 

Here's the official Ohio list of documents: https://publicsafety.ohio.gov/links/bmv2424.pdf

 

And some previous threads: 

 

 

 

I took everything I could think of: birth certificate, marriage licence, I94, passport, bank statement, SSN, tax return, letters from USCIS. 

 

As noted elsewhere if you have no luck with your local BMV you could try one that is used to dealing with international residents, like a university town. 

 

I hope you can get this sorted because it's a horrible feeling. I feel so much better since I've at least made a start on getting independent. 

 

 

 

Thank you for this, I took absolutely everything up in person and it seems the NOA is what I’m missing as we are just finalising the AOS pack to send. I don’t think NOA1 is what they want either as I understand it, I think it’s NOA2 which is due around EAD. 

The ridiculous part is they said even if I did this pre marriage in December on entry my licence would only have been valid to day 90 (expiry of i94) then I’d have had to go back with the NOA to show my AOS was in processing. 

They would have let me take my theory but it would have only have been valid a day and I, like yourself, haven't practised on the roads to have been able to do my test right there and then for the practical. Ohio say the law is a bit grey but after 30 days of entry is the guide that you shouldn't drive on your UK licence without having got your US licence. 

Im posting AOS next week so will see what NOA1 says and go back again with that as it acknowledges I am in process of doing it. They were keen to see the end date of my legal presence and the I94 was the latest document and as nothing superceeded it they were having none of it. 

Ive emailed ohio BMV again to ask for proper clarification as they said in the first place that what I took was adequate and only mentioned I94 valid entry and nothing about an expiry date. 

Hopefully you’re enjoying Michigan, we get over to Detroit pretty often. 

3 minutes ago, arken said:

That was expected. It’s not about the application but the delivery. Their processing time is 2-3 weeks so your legal status would have expired by the time they issue you a SSN and they can’t issue the number to someone with no legal status.

I realise that now

31 minutes ago, USS_Voyager said:

 

The I797 doesn’t have an expiration date. It’s proof that you’re in legal status by filing the I-485. Some states give driver licenses on that, some don’t. Then you have to wait until you have the EAD/AP, which another 6-7 months.

 

I’m sorry, I don’t know what else to say. That is the great disadvantage of the K1, and we see it every day.

 

It’s warming up and the snow is thawing, maybe get a bicycle? What about buses? Are there buses near you?

 

I lived my first two years in the US not having a car. First year in Iowa and second year in Florida. It was rough, but I lived through it. But I was also 18 and was a student, so maybe easier for me.

I am hoping that comes soon then as they asked for my next i797. 

I am not in the best neighbourhood to be getting buses, I am very streetwise but even I am scared to ride the buses here. Not just that, our location also means to get where you’re going you need 2-3 changes and a lot of time. 

I have a bike, but much like the walking situation, theres nowhere nearby to ride to safely. I have to cross a freeway to the nearest supermarket and there is no paths. 

I am so p*ssed at the fact that they cant even give you a temporary licence based on your Uk licence in the gap but it sounds like other states must do this too. I mean trying to find the positives, and struggling, I could be paying insurance for a car I couldnt drive between i94 expiry and the next NOA. 

Sigh

So to cut a long story short, I moved in December on K1 and married 3 weeks ago. 

Its been deep winter in Ohio so I decided, now stupidly, to not attempt to take my test in snow and icy conditions. 

I contacted the BMW on Facebook though to ask about what I needed. This is what they said: 

“Since you have legal presence in the US, and if you are a resident of Ohio, you may apply for an Ohio driver license. You will need the following documents:

1. Valid, unexpired Passport
2. US VISA
3. USCIS Form I-94 (showing legal entry into the US).
4. Letter from your employer on letterhead and dated within the last 60 days.
5. Any other USCIS documents you may have
6. Social Security Card (if ever assigned). 
7. Proof of your Ohio resident street address.
8. Valid, unexpired Out of Country driver license (if ever obtained) and International Driving Permit (if license has not been translated into English).

Once you have the necessary documents you will want to visit a local Driver Exam Station where you will be required to complete and pass the vision, knowledge, driving, and maneuverability exams. You will then be directed to a Deputy Registrar Agency where you will be able to purchase an Ohio driver license.” 

So maybe I read this wrong but I have my I94 showing legal entry, it expires this week so this is why I went to do my test today with marriage licence in hand to show I had done what was required within that 90 days. (Also learned the hard way SSN need a valid i94 but within 2 weeks of expiry which isnt on the form so I’m without that too now) 

Basically they said, I could sit my test today, but it would only give me a valid driving licence to the end of the I94...so 2 days validity. Then I cant legally drive until the next i797 and even then it expires at the end date on that document all the way until green card. This seems logical on the one hand but totally insane on the other. If we are visitors we can drive on our UK licences when here on an ESTA but now I am here legally and done everything right so far I cannot drive on my UK licence past 30 days of your entry to the US. 

I know I’m ranting, I have cried today at this news as I am literally stranded with my partner working long hours and Uber is expensive. I almost bought a car last week but luckily we didnt. 

So can anyone help me with the I797 next estimates for being back in status and how long that status is to see if it is worth this stop start window to test bearing in mind insurance payments will be continuous. I will be posting AOS Monday having got my marriage licence yesterday but desperately need some wings. *sobs*