pre aos question

[Gary and Alla 3,694]

Can you even get a drivers license without AOS? I know you can't in California, we tried. Maybe other states have looser requirements.

Local law enforcement should not be tasked with determining citizenship or status. They should be enforcing the local laws of their jurisdiction, period.

Yes. In Vermont you need to show you can legally remain for 180 days AND that you are domiciled in Vermont. This means you can use a bank statement, utility bill OR an affidavit from a Vermont resident that you live with them and proof that they are a resident, which would be most people entering on a visitor visa. Alla needed her K-1 and marriage license, and bank statement. Unless you can show a green card (or something else) allowing you to stay MORE than two years, they issue you a two year lisence. We will have a SLIGHT issue in that when she renews her two year drivers license will be before she has her 10 year green card so she will get another 2 year license instead of the standard 4 year license. No big deal.

In Vermont, a K-1 could enter, get married, get a drivers license (SS number is not required even) and leave the country, forfeiting their AOS and green card (and right to be here) and still have a valid drivers license.

Law enforcement CAN and does enforce any laws. They have to Mox. However, in this case, like many, they called in people who are expert in it before "enforcing anything" What you are suggesting is to suggest that the bank should call the FBI if they are robbed!!!!!!!! Eventually the FBI will get involved but they are hardly "first responders" Should the St. Albans police ignore smugglers bringing pot from Canada if they catch them off loading a boat on the lakeshore? Or smugglers bringing human cargo? Sillyl

[Brother Hesekiel 2,236]

Just for chills, back in 1986 I was a tourist with a B2 in Florida, visiting my uncle who lived there. My girlfriend and I went to the local DMV, filled out an application for a driver license, had to pass the written test, then needed to drive around the DMV parking lot, park the car forward, nose in (!), and got our driver licenses, using my uncle's address.

When I moved to California in 1991, I showed the local DMV employee my Florida license, had to take the written test, and got my California driver license. They did not ask for my immigration status.

A few years later I wanted to add my motorcycle license. I showed my driver license, had to do the written test and the driving test, and got my new license with "C" and "M" on it. Again, they did not ask for my immigration status.

During all those years, I was able to renew my driver license by mail. I was never asked about my immigration status.

Then, finally, in 2007, when I already was a Green Card holder, I had to go to the DMV in person to renew my license. I handed over my old license, they took a photo, and I got my new one. Again, they did not ask for my immigration status.

From 1986 until this day, I was never asked about my immigration status. I got my SSN in 1991 to comply with the California driver license requirement, without problems, and with a B1/B2. Since then I would not have had any problems with US agencies, even if I had remained out of status.

Is that amazing, or what?

--------------------------

But here's another issue I'm trying to get into my head:

If a K1 holder (the K1 is basically an entry permit) comes to the US, gets married and does nothing, does not adjust status even after her I-94 expires, yet still is legal based on her marriage to a USC, what would be the difference if a tourist did the same: come here legally, marry a USC, stay beyond the I-94, and show only her passport and the marriage certificate?

To me, it would be the same, and I'm sure it would be the same to any cop looking at the same papers; yet, the status of being married to a USC does not give any status to the now married ex-B2 holder.

So what am I missing here?

[clueless_in_usa 8]

So what am I missing here?

I think the answer is intent.

The intent of a B2 visa is tourism

The intent of a K1 visa is marriage

One mostly guarantees AOS, while the other does not.

[mox 298]

But here's another issue I'm trying to get into my head:

If a K1 holder (the K1 is basically an entry permit) comes to the US, gets married and does nothing, does not adjust status even after her I-94 expires, yet still is legal based on her marriage to a USC, what would be the difference if a tourist did the same: come here legally, marry a USC, stay beyond the I-94, and show only her passport and the marriage certificate?

To me, it would be the same, and I'm sure it would be the same to any cop looking at the same papers; yet, the status of being married to a USC does not give any status to the now married ex-B2 holder.

So what am I missing here?

The difference is that one has a K1 visa in her passport, and the other has a B2.

Also, if the woman with the B2 visa marries a US citizen, she's automatically entitled to some protections similar to a K1 entrant. In fact, if the tourist can prove that she entered without the intent to immigrate, she stands a very good chance of adjusting status successfully.

[Gary and Alla 3,694]

Just for chills, back in 1986 I was a tourist with a B2 in Florida, visiting my uncle who lived there. My girlfriend and I went to the local DMV, filled out an application for a driver license, had to pass the written test, then needed to drive around the DMV parking lot, park the car forward, nose in (!), and got our driver licenses, using my uncle's address.

When I moved to California in 1991, I showed the local DMV employee my Florida license, had to take the written test, and got my California driver license. They did not ask for my immigration status.

A few years later I wanted to add my motorcycle license. I showed my driver license, had to do the written test and the driving test, and got my new license with "C" and "M" on it. Again, they did not ask for my immigration status.

During all those years, I was able to renew my driver license by mail. I was never asked about my immigration status.

Then, finally, in 2007, when I already was a Green Card holder, I had to go to the DMV in person to renew my license. I handed over my old license, they took a photo, and I got my new one. Again, they did not ask for my immigration status.

From 1986 until this day, I was never asked about my immigration status. I got my SSN in 1991 to comply with the California driver license requirement, without problems, and with a B1/B2. Since then I would not have had any problems with US agencies, even if I had remained out of status.

Is that amazing, or what?

--------------------------

But here's another issue I'm trying to get into my head:

If a K1 holder (the K1 is basically an entry permit) comes to the US, gets married and does nothing, does not adjust status even after her I-94 expires, yet still is legal based on her marriage to a USC, what would be the difference if a tourist did the same: come here legally, marry a USC, stay beyond the I-94, and show only her passport and the marriage certificate?

To me, it would be the same, and I'm sure it would be the same to any cop looking at the same papers; yet, the status of being married to a USC does not give any status to the now married ex-B2 holder.

So what am I missing here?

Actually not amazing at all. US states give reciprocal rights to other valid license holders. Alla got her Vermont license prior to her AOS, then could have gone to California and turned in her Vermont license for a California license (as an example, or also to many other states) and some evidence she lived in California which can be a bank account. This is why driver's licenses are no longer accepted for crossing into Canada, Mexico and Carribean Islands (or back) unless it is an enhanced license offered by some states which is more difficult to obtain and it is also why a driver's license is not considered a valid form of work authorization in itself.

Federal law has changed and now allows someone only ONE state drivers license, though the 9-11 hijackers had up to 11 drivers licenses each. Some states would make you surrender another state's license drivers license, but others did not.

[Martyshk 137]

Some states would make you surrender another state's license drivers license, but others did not.

When I was renewing my DL last year, I was asked to surrender it, but it had a picture on it of me with long hair still, so I wanted to keep it, and the lady at DMV was nice enough to let me, except she just punched two holes in the license to invalidate it.

I know, not useful information, but I just felt like sharing

[slim 1,523]

Don't worry, guys. Soon we'll all have RFID chips implanted and won't need those silly IDs any more!

[ZorValachan 0]

Missouri only requires a passport and I-94 for a license, non-driver ID, or permit for any K1-4 holder

Edited January 27, 2010 by ZorValachan

[Gary and Alla 3,694]

Don't worry, guys. Soon we'll all have RFID chips implanted and won't need those silly IDs any more!

That is for "male enhancement" right? Comes with a remote control?

[payxibka 10,045]

Missouri only requires a passport and I-94 for a license, non-driver ID, or permit for any K1-4 holder

but with what expiration date... MN is similar, but it comes with an expiration date timed to the expiration of the I-94

[slim 1,523]

That is for "male enhancement" right? Comes with a remote control?

I sure hope so!

but with what expiration date... MN is similar, but it comes with an expiration date timed to the expiration of the I-94

Ohio is the same. A "current" immigration-related document must be presented for issuance of ID - and that ID will expire at the end of validity or expiration of immigration-related document, whichever occurs first.

[TomZ 0]

The K-1 visa requirement is that you get married within the 90 days of arrival. After that you may file for AOS at any time, but considering the proposed rate increase, you should file as soon as possible after the marriage.

However, waiting to file means that your new spouse is "out of status" and can not leave the country until AOS is completed or she has received Advanced Parole (AP).

Hi, I submitted a comment regarding the proposed rate increase for K1 visa application--nearly 300% increase!! I wonder when this could go into affect?

I wasn't aware that there was a proposal for USCIS AOS I-485, too. Can you provide us with more information about this proposal? Thanks.

[Gary and Alla 3,694]

Hi, I submitted a comment regarding the proposed rate increase for K1 visa application--nearly 300% increase!! I wonder when this could go into affect?

I wasn't aware that there was a proposal for USCIS AOS I-485, too. Can you provide us with more information about this proposal? Thanks.

Acxtually expect ACROSS the board increases. I had some very inside information at USCIS from last fall that said to expect 50-100% increases in ALL USCIS fees "sometime in 2010"

The fee you speak of, so far, is a State Department fee for the visa application ($131 raised to $350) This is not a USCIS fee.