Broster440

Hi everyone,

I’m planning to move to North Carolina in October 2025 and my conditional green card expires in September 2025. I will have already filed the I-751 to remove conditions and will have the I-797 receipt notice that extends my status by 24 months.

Will I be able to get a North Carolina driver’s license with just the expired green card and I-797 receipt? Will the DMV accept it as proof of lawful presence? If not, will I need to get an I-551 stamp?

The NC DMV's website isn't clear about this.

Any insights appreciated.

Thanks!

4 minutes ago, powerpuff said:

Yes it’s true 

I'm going to have to request that you both clarify this here... you are both saying that if I submit my package on the 6th of July, with my ESTA expiring on the 10th of July, then I will be deportable for a year, if my NOA1 doesn't arrive before the 10th of July?

Just now, OldUser said:

If your AOS isn't at USCIS by July 10th you're going to be out of status for 1+ year. It's not unusual for packet to take 5-7 days to reach USCIS. Even when mailed with UPS / FedEx overnight as exceptions occur.

Can others on the forum please confirm that this is true? Everything I have read online suggests that you are wrong – that once my AOS packet is received, even if I am out of status, then I am given authorized stay until a decision on it has been made.

2 minutes ago, OldUser said:

I see. From purely immigration standpoint this plan is risky. You may be out of status for a year or so while your AOS is pending if USCIS doesn't receive petition before July 10th. Which makes you deportable.

Could you please explain? I will be deportable despite having submitted a marriage-based I-485 adjustment while I was legally in status?

Just now, OldUser said:

Do you have a real need to prove your status or is this hypotetical?

 

You're not out of status on July 10th as long as USCIS accepts the petition before it.

 

I would send AOS 2 weeks before July 10th minimum to ensure you don't go out of status.

I'm asking how I would hypothetically prove my status if asked (if stopped by police, etc.)

I cannot send AOS before around the 5th or 6th, as I'm getting married on the 2nd July, and won't get my marriage certificate until the 3rd.

Hi all, I hope you may be able to help. I am applying for AOS based on marriage in a few weeks. I should submit my forms roughly on the 6th of July. I understand it takes a few weeks for USCIS to send a receipt (NOA1) of your filing, which can be used to prove your authorized stay. I go out of status (from ESTA) on the 10th of July. How do I prove that I have authorized stay (through my filing for AOS) before my NOA1 arrives?

Thank you.