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Filed: Citizen (apr) Country: Russia
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My wife entered US on April 29th on K1. We got married on May 4th and submitted the AOS package with NOA1 dated May 23rd. Her I-94 expires July 28th. It is obvious that she will not have green card yet. What is her status? She drives the car using Russian DL (which is legal in CA as long as you are not resident). What is police officer stops her on July 29th? What is her status? What would you recommend carrying with you for this type of situations? Passport with expired I-94 and K-1? copy of NOA1 for AOS? Sorry if question is stupid or obvious, just bothers me, specifically while driving vehicle. Another complication: she changed her last name after marriage. Thus, her DL and passport and visa and I-94 is on her maiden name while her NOA1 is on her married (my) last name. Should she also carry copy of marriage certificate??

Edited by san diego
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Filed: Citizen (apr) Country: Canada
Timeline

Her status is pending.

She should carry a copy of the NOA1 and marriage certificate and her Ids with her at all times.

Edited by Inky

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Filed: AOS (apr) Country: Kenya
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Her status is pending.

She should carry a copy of the NOA1 and marriage certificate and her Ids with her at all times.

Yes I agree. Get her a state ID; most folks will recognize that.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Australia
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Yes I agree. Get her a state ID; most folks will recognize that.

Many states won't allow state ID once the I-94 is expired until there is an EAD or GC

Edited by Vanessa&Tony
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Filed: Other Timeline

A police officer in the Golden State does not have the right to inquire about her immigration or citizenship status. It's against the law. Period.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Russia
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A police officer in the Golden State does not have the right to inquire about her immigration or citizenship status. It's against the law. Period.

Thanks!

Many states won't allow state ID once the I-94 is expired until there is an EAD or GC

Actually, she has scheduled DL exam before it expires. I am keeping my fingers crossed that she can get it before I94 expires.

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Filed: AOS (pnd) Country: Scotland
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Where I live in South Carolina, The traffic cops don't know anything about immigration status so they don't go near it. All they care about is that you some sort of full drivers license and your insured.

Even I haven't got a full South Carolina drivers license but I'm insured to drive.

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Filed: Citizen (apr) Country: Russia
Timeline

Where I live in South Carolina, The traffic cops don't know anything about immigration status so they don't go near it. All they care about is that you some sort of full drivers license and your insured.

Even I haven't got a full South Carolina drivers license but I'm insured to drive.

She has the same: Russian DL and insurance. I am just more concerned with situation where she would be taken by cops or other officers and we would be in trouble.

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Filed: AOS (apr) Country: Canada
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I think your question has been well answered. This - no mans land - time between petitions is confusing. As the I94 expires yet K1 petition visa has been fulfilled ... where does one stand? I also heard that there is no real time frame to file AOS, however if ICE finds you, your told your out of status. It was very confusing to me.

I figured that with a 90 day visa, yet a 2 - 5 month AOS pending timeframe, there had to be alot of give and take. As for a DL, they wont give me one. I have to have a visa - something from immigration is what she said - that has a validity date of more than 1 year. grrrrr

So all I have is an ( almost ) expired I94 and a printout from email showing that our OAS petition was recieved by the Chicago Lockbox. Thats it thats all.

I did have a lady though who after a year of her K1 still hadnt had the money to pay for the AOS for her husband, and hadnt filed it.

I just look at it like this though, why wait ? Get the paperwork filed ASAP, no point in delaying it anyways.

But thank you for this thread, I learned some things here today.

~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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Filed: Citizen (apr) Country: Russia
Timeline

I think your question has been well answered. This - no mans land - time between petitions is confusing. As the I94 expires yet K1 petition visa has been fulfilled ... where does one stand? I also heard that there is no real time frame to file AOS, however if ICE finds you, your told your out of status. It was very confusing to me.

I figured that with a 90 day visa, yet a 2 - 5 month AOS pending timeframe, there had to be alot of give and take. As for a DL, they wont give me one. I have to have a visa - something from immigration is what she said - that has a validity date of more than 1 year. grrrrr

So all I have is an ( almost ) expired I94 and a printout from email showing that our OAS petition was recieved by the Chicago Lockbox. Thats it thats all.

I did have a lady though who after a year of her K1 still hadnt had the money to pay for the AOS for her husband, and hadnt filed it.

I just look at it like this though, why wait ? Get the paperwork filed ASAP, no point in delaying it anyways.

But thank you for this thread, I learned some things here today.

Thank you. So, if hypothetically, even though we fulfilled marriage requirement and filed for AOS and have NOA1, if ICE finds my wife, she may be in trouble?? Another thing: she is still on visa, can drive with her russian DL, active I94, married and we have appointment for DL written exam.. and she has SS card (which says she can work with DHS permit).. I am still not sure if they will give her DL.. very confusing.. seems like sleeping into the crack of the system..

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Filed: Citizen (apr) Country: Myanmar
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Thank you. So, if hypothetically, even though we fulfilled marriage requirement and filed for AOS and have NOA1, if ICE finds my wife, she may be in trouble?? Another thing: she is still on visa, can drive with her russian DL, active I94, married and we have appointment for DL written exam.. and she has SS card (which says she can work with DHS permit).. I am still not sure if they will give her DL.. very confusing.. seems like sleeping into the crack of the system..

Even DMV give her DL, it will expire on the day I-94 expires. SS card is fine with EAD card for working. Her K-1 expired since she entered the US. It only works on what type of visa she came in.

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Filed: AOS (apr) Country: Canada
Timeline

Thank you. So, if hypothetically, even though we fulfilled marriage requirement and filed for AOS and have NOA1, if ICE finds my wife, she may be in trouble?? Another thing: she is still on visa, can drive with her russian DL, active I94, married and we have appointment for DL written exam.. and she has SS card (which says she can work with DHS permit).. I am still not sure if they will give her DL.. very confusing.. seems like sleeping into the crack of the system..

I dont know, its like some grey area. I couldnt really find anything defining on the topic, kinda hoping maybe someone with more XP in this area can help. As for a DL, like I said, here the lady said I needed something from US immigration stating that I was legal resident for min. 1 year. I just go with what Im told.

~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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Filed: Citizen (apr) Country: Australia
Timeline
Actually, she has scheduled DL exam before it expires. I am keeping my fingers crossed that she can get it before I94 expires.

Her I-94 needs at least 30 days on it for her to start the process BUT she needs to have more than 60 days on it for her card to be mailed to her (this is state ID or DL). According to your timeline and when she entered her I-94 expires July 28th so she can start the process as as long as it's before 28th June BUT she will NOT get her card because her 60 days before I-94 expiry was May 29th.. so it's past.. just.

See here: http://dmv.ca.gov/dl/dl_info.htm#BDLP

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

In other words she can take all the testing and stuff but she won't get her card till she gets her EAD and presents it to the DMV.

Edited by Vanessa&Tony
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Filed: K-1 Visa Country: Vietnam
Timeline

Thank you. So, if hypothetically, even though we fulfilled marriage requirement and filed for AOS and have NOA1, if ICE finds my wife, she may be in trouble?? Another thing: she is still on visa, can drive with her russian DL, active I94, married and we have appointment for DL written exam.. and she has SS card (which says she can work with DHS permit).. I am still not sure if they will give her DL.. very confusing.. seems like sleeping into the crack of the system..

No, she won't be in any trouble. She is in a period of authorized stay while her AOS application is being adjudicated. This doesn't change her immigration status - she's still out of status - but it DOES mean that she has permission to remain the US while USCIS is making a decision on her AOS application. It's possible she could get jacked around by ICE if she has an encounter with them while they're trying to verify her status. That's why it's advisable to keep a copy of the NOA1 for the I-485 on hand.

According to section 12801.8 of the California Vehicle Code, the DMV is supposed to issue a 90 day temporary license to an alien who doesn't have immigrant status (i.e., no green card), and DMV is supposed to confirm the immigrant's status with USCIS during that 90 day period. They're not supposed to issue a regular license until the alien's status has been confirmed. DMV policy is not to accept a DL application if a valid I-94 is being used to prove legal presence unless there is at least 2 months validity remaining on the I-94.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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