K-1 visa entrant - Getting a DL & When to file AOS

[sofianiami 0]

My fiance already here in USA, California now finally after 1 year waiting in Amman, Jordan, I have a couple question I will appreciate if you help me.

1. My fiance and I still looking for a job, we have money to get married only but not to apply for green card, Is it mandatory to apply in this 3 months period or ok to postponed?

2. Can my fiance apply for driving license before we get married?

Thank you

[gmjdmj 2]

My fiance already here in USA, California now finally after 1 year waiting in Amman, Jordan, I have a couple question I will appreciate if you help me.

1. My fiance and I still looking for a job, we have money to get married only but not to apply for green card, Is it mandatory to apply in this 3 months period or ok to postponed? It is not mandatory but would be wise to apply before the 90 days. After waiting so long to be together, why risk it?

2. Can my fiance apply for driving license before we get married? His drivers license will only be good until his visa expires. He will have to have an EAD to get a drivers license after that and will also have to have an EAD to get employment which he cannot get until after you are married. It is illegal for him to work without an EAD

Thank you

[Danu 19]

In CA if your I-94 isn't good for 60 days + they will not give you a drivers license, more than likely only a temporary only good till the I-94 expires. I had to wait for my EAD to come before I could even apply for mine. You can postpone the petition if you'd like but its probably better to see if you can find a way to get the money as he will not be able to legally work until he gets his EAD and its pointless and a waste of money to apply for it out of AOS (costs $340 to apply for, takes up to 90 days to get approved, and expires when the I-94 does.) You might be in a better position to find a place to take out a small loan to get it done and have him have the ability to work sooner.

Edited May 12, 2010 by Danu

[VanessaTony 3,567]

My fiance already here in USA, California now finally after 1 year waiting in Amman, Jordan, I have a couple question I will appreciate if you help me.

1. My fiance and I still looking for a job, we have money to get married only but not to apply for green card, Is it mandatory to apply in this 3 months period or ok to postponed?

2. Can my fiance apply for driving license before we get married?

Thank you

1. It isn't mandatory but s/he CAN be detained by ICE (immigration police) if found. They may not deport her but it's risky. If at all possible apply ASAP

2. Yes BUT in all states the standard seems to be that while you CAN get a licence, it will only be valid until the I-94 expires. So 3 months. After than s/he cannot drive and will need to wait until s/he gets his/her greencard/EAD