Xuan has arrived! but have a few problems still.

[SteveLA 0]

She arrive on Sunday (happy day!) on her K3 Visa. But I wasn't aware that you can't get a DMV State issued ID without a green card or Social Security. I thought all you needed was the passport and VIsa?

Also, her 129F (K3 Visa) got approved, but the I130 was never approved (still being processed since November of 2006), would this be a problem in Xuan getting a green card? I'm kind of confused what my next step should be. Should I do the I485 adjustment of status without the I130 being approved yet?

[YuAndDan 153]

I have seen several file for AOS by attaching a copy of their I-130 NOA1 letter to the I-485 petition, sometimes interview happens, they get approved pending approval of the I-130.

File I-765 with the I-485 to get an EAD card, the EAD will allow you to get SSN, JOB and Driver's license. EAD is no extra charge when filed with the AOS.

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[scy 0]

She arrive on Sunday (happy day!) on her K3 Visa. But I wasn't aware that you can't get a DMV State issued ID without a green card or Social Security. I thought all you needed was the passport and VIsa?

Also, her 129F (K3 Visa) got approved, but the I130 was never approved (still being processed since November of 2006), would this be a problem in Xuan getting a green card? I'm kind of confused what my next step should be. Should I do the I485 adjustment of status without the I130 being approved yet?

If you live in California, the DMV won't issue a driver's license without an EAD or I-551.

Your spouse can file for the EAD separately since she is on the K-3. However, that would cost $340, whereas it is free if you file EAD along with AOS.

Your spouse can file for AOS without an approved I-130. Like the above poster wrote, attach a copy of the I-130 NOA1 with the I-485. Most likely your I-130 will be adjudicated at the same time as the I-485.

If I was in your spouse's situation I would file for AOS without waiting since she is close to your 2nd marriage anniversary and will receive unconditional LPR status.