Status while filing AOS

[Jack and Barbara 0]

Interested to know what my SO's status will be during the period when she files for status and when she receives conditional green card (K1 visa). Does she carry around the notice from USCIS when she files for AOS? I am concerned about what happens if she was to be pulled over for instance by police. What proof of filing would she show?

Edited May 8, 2008 by Jack and Barbara

[payxibka 10,045]

Interested to know what my SO's status will be during the period when she files for status and when she receives conditional green card (K1 visa). Does she carry around the notice from USCIS when she files for AOS? I am concerned about what happens if she was to be pulled over for instance by police. What proof of filing would she show?

Dependant on what state you reside in, if you cannot prove her legal presence (ie... in the AOS "pending" status), many if not most states will suspend driving priveleges.

[Jack and Barbara 0]

Interested to know what my SO's status will be during the period when she files for status and when she receives conditional green card (K1 visa). Does she carry around the notice from USCIS when she files for AOS? I am concerned about what happens if she was to be pulled over for instance by police. What proof of filing would she show?

Dependant on what state you reside in, if you cannot prove her legal presence (ie... in the AOS "pending" status), many if not most states will suspend driving priveleges.

I guess that is my question. What proof is there during the estimated 7 months of filing AOS that she would be here legally and is in the process of obtaining conditional permanent resident status?

[payxibka 10,045]

Interested to know what my SO's status will be during the period when she files for status and when she receives conditional green card (K1 visa). Does she carry around the notice from USCIS when she files for AOS? I am concerned about what happens if she was to be pulled over for instance by police. What proof of filing would she show?

Dependant on what state you reside in, if you cannot prove her legal presence (ie... in the AOS "pending" status), many if not most states will suspend driving priveleges.

I guess that is my question. What proof is there during the estimated 7 months of filing AOS that she would be here legally and is in the process of obtaining conditional permanent resident status?

7 mos.? Based on what?

Don't forget that in addition to the I-485 you will submit the I-131 and the I-765 which typically is 60-90 days. Most if not all states accept one or the other as proof of legal presence.

Edited May 8, 2008 by fwaguy

[Jack and Barbara 0]

I guess that is my question. What proof is there during the estimated 7 months of filing AOS that she would be here legally and is in the process of obtaining conditional permanent resident status?

7 mos.? Based on what?

Don't forget that in addition to the I-485 you will submit the I-131 and the I-765 which typically is 60-90 days. Most if not all states accept one or the other as proof of legal presence.

Actually I guess it is between 8-9 months, according to USCIS website ("processing times"), which is dated April 15, 2008.

USCIS Processing Times

Edited May 8, 2008 by Jack and Barbara

[payxibka 10,045]

I guess that is my question. What proof is there during the estimated 7 months of filing AOS that she would be here legally and is in the process of obtaining conditional permanent resident status?

7 mos.? Based on what?

Don't forget that in addition to the I-485 you will submit the I-131 and the I-765 which typically is 60-90 days. Most if not all states accept one or the other as proof of legal presence.

Actually I guess it is between 8-9 months, according to USCIS website ("processing times"), which is dated April 15, 2008.

USCIS Processing Times

Well if that were true then my wife would not have had her greencard since November.... (She filed 7/27/07) You will soon learn that the USCIS processing times as reported are something not to take to the bank.

Edited May 8, 2008 by fwaguy

[Jack and Barbara 0]

I am well aware that the processing times are not exact (which is why I wrote estimated in an above post), possibly not even close to being accurate. However, it is my understanding that you can contact USCIS or some other group if the date on the USCIS website has passed by a certain time period and your SO has still not received the visa/green card/citizenship/etc.

Back to the topic, if the EAD is the quickest document to arrive (again, according to the estimated times on the USCIS site), is there any other proof of filing for AOS in-between when my SO would file and when the EAD would be issued?

[payxibka 10,045]

I am well aware that the processing times are not exact (which is why I wrote estimated in an above post), possibly not even close to being accurate. However, it is my understanding that you can contact USCIS or some other group if the date on the USCIS website has passed by a certain time period and your SO has still not received the visa/green card/citizenship/etc.

Back to the topic, if the EAD is the quickest document to arrive (again, according to the estimated times on the USCIS site), is there any other proof of filing for AOS in-between when my SO would file and when the EAD would be issued?

Nothing other than the I-797, which most people will not have a clue as to what it is

[MarkNAshley 0]

It depends a little on jurisdiction. When my wife got her Arizona drivers license she was able to use her I-797 as proof she was pending AOS to get a drivers license that was valid for one year. While awaiting AOS her status is "Pending Adjustment of Status" the NOA1 is the best way to prove this but it is possible that someone will not understand the document at the side of the road. If where you are an NOA1 is enough to get a temporary drivers permit then her license won't be suspended. Worst case scenario she might have to deal with a hassle but she is legally in the US and both you and USCIS are aware and have evidence of this so there shouldn't be any long term issues.

Where you are might issue longer term licenses, in Arizona licenses don't expire until you're 65, so one year is a temporary. It is important that you get your license after you have your NOA1 for your AOS because your visa is only good for a limited span.

[Jack and Barbara 0]

Thank you for the replies. I see that requirements for acquiring driver's licenses vary from state to state. I will look into my local DMV and see what my SO would need to take. I think we would wait until she gets conditional permanent residency to save the cost and hassle of getting a temporary one. My SO doesn't even have a driver's license so she would ahve to go through the whole process here of learning to drive, taking the driving course, and then the test.

[Mrs. BB 0]

I know here in California a I-797 can be used to obtain a driver's license. In some states I believe they still accept a ITIN number in lieu of an SSN. We used to until Davis got kicked out of office.

You're on the right track in checking with your DMV. A lot of times they will have the information on their website. That's how I found out a I-797 could be used for California.