she got a drivers licence and ss card on a k1 before aos

[bacardi669 0]

I married a indonisian girl in august of 2001 on a k1 visa.

we never filed for AOS lack of funds and whatever reasons we never filed yet.

but she already has a drivers licence and a ssc to work. what i,m reading is they cant but she has got them.

just wondering how ?

[canadian_wife 1,829]

An SSN is not work authorized. She likely has "Not vaild without DHS authorization" on it. This comes in the form of an EAD or a green card.

And many states simply require legal status in the US, not necessairly immigrant status. At least GA is

Good luck

[Kathryn41 3,205]

Moved from Off-Topic to "Moving Here and Your New Life in America" forum as a more appropriate location for this discussion.

_________________________

Moderator hat off:

Circumstances have changed since she arrived in 2001.

Check the date on her Driver's License. In 2001 they were not issuing DL restricted to the expiry dates of the immigration status. Since around 2005 or 2006 most States will now only issue a DL that is valid for the same length of time as the immigration document - in your wife's case, that would have been the I-94 which was only valid for the 90 days after entry. Some States now won't issue them if the Immigration document is valid for less than a year and you need to wait for a green card or an EAD. I suspect that if she got a DL good for 10 years it will be expiring next year and she will find that she will not be able to renew it without a valid green card.

As Canadian_wife noted, K-1 holders can get a SSN but they are not allowed to work with the SSN card unless they also have an EAD or a green card. So, if you wife has been working, she has been doing so illegally.

Of greater concern is that over the last 9 years you have not been able to put together the necessary fee for an AOS? It is much more expensive now than when she first arrived. Basically, your wife is out of legal status in the US and until you get this fixed by applying for the AOS you have put her safety and her well-being at serious risk. She has no rights in the US right now because she has no status. If she was stopped and her immigration status checked she would run a serious risk of being deported. If she left the US, she would be barred from re-entering the US for 10 years. If you have to borrow the money, do so, but please consider making her a legal resident in the US.

You would need to file both an I-130 (it has been more than 2 years since she arrived and she can't use the K-1 status anymore) and the I-485. Once she files for the green card she has legal status again, although she still cannot leave the US without triggering the 10 year ban on re-entry.

Please protect your wife by filing for her green carrd ASAP.

Edited August 8, 2010 by Kathryn41

[bacardi669 0]

I married a indonisian girl in august of 2001 on a k1 visa.

we never filed for AOS lack of funds and whatever reasons we never filed yet.

but she already has a drivers licence and a ssc to work. what i,m reading is they cant but she has got them.

just wondering how ?

Reply to canadian_wife, no her SSC looks just like mine, nothing stamped on it thats differant.

[canadian_wife 1,829]

without proper authorization, your wife has been working in the US illegally. This opens you up to HUGE liabilities. I suggest you do what ever it takes to AOS immediatly. Agree with Kathryn, you should do whatever you can to protect your wife

Good luck

[Kathryn41 3,205]

Reply to canadian_wife, no her SSC looks just like mine, nothing stamped on it thats differant.

Actually, my SSN card also had no stamp on the back either so there was no indication on the card that I couldn't work. The record in the SSA office, however, did record my correct status and I had to update the information with them when I received my green card. I just didn't need a new SSN card.

Again, consider your wife very lucky up until now but please don't depend on that luck holding. Protect her by making her legal asap.