Jump to content

46 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Dont forget to use your horn alot. Lol :-) congratulations and good luck

Im sure does heheh

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

  • Replies 45
  • Created
  • Last Reply

Top Posters In This Topic

Filed: Citizen (apr) Country: Wales
Timeline
Posted

Following on from the posts in the UK forum, here I be

Texas DPS is giving me two impressions, that I can drive for one year on a UK licence, and the other impression is that I can drive for one year if I am a visitor ONLY and that in fact if I am living in the USA, I have 90 days.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Following on from the posts in the UK forum, here I be

Texas DPS is giving me two impressions, that I can drive for one year on a UK licence, and the other impression is that I can drive for one year if I am a visitor ONLY and that in fact if I am living in the USA, I have 90 days.

Hi Photomile, in case you missed my post, after much research online & on here, this is my understanding of our situation : (Nice to speak to others in the same boat!)

Driving in Texas after entering on a K1 :

- We can use our UK licenses for 1 year as visitors ONLY (Doesn't apply to us as technically we're not just over on holiday any more...so if you get pulled over for anything & lie & say you're just visiting, you are obviously lying to a Police officer which I personally could never do. From reading others posts, I know people have managed to give the "I'm just on holiday here..." excuse to the State trooper as apparently they haven't a clue about Immigrant visa specifics. Personally I would just live in fear of meeting one that does a background check or something to see that you are in fact here to stay. Even if you haven't had your wedding yet, it's the fact that you have the intention to stay & they can use that against you later I'm sure.

- Immigration is different because we are entering the country with the intention to stay & live, not visit. I believe it is 90 days or until your I-94 is basically up that you are technically allowed to use the UK license without breaking any laws. Hopefully you will have gotten married in that period before your K1 expires, then you apply for AOS & the temporary license with proof that you are in fact adjusting your status. The grey area for me is, depending on how quick you get married & apply for AOS within the 90 days, I believe the period that you are waiting for the temp license to come through, you cannot drive at all as you are no longer a visitor & you haven't been approved yet so you don't want to get caught driving then either right?

- Once status is adjusted & you are a lawful resident, the State requires you to take the driving test from square one (poo) This is a definite so no way out of it I'm afraid future Texans, unless we all decide to pack up & move to a more forgiving State...

If anyone can shed any light or knows for a fact I have it totally wrong, please do comment. I would love to be able to use my UK license until my AOS comes through but I just don't think we're legally allowed. I have always lived in fear of the "...just in case.."

Edited by LeedsUK
Filed: Citizen (apr) Country: Wales
Timeline
Posted

That's the thought I'm getting to , except this bit

The grey area for me is, depending on how quick you get married & apply for AOS within the 90 days, I believe the period that you are waiting for the temp license to come through, you cannot drive at all as you are no longer a visitor & you haven't been approved yet so you don't want to get caught driving then either right?

- Once status is adjusted & you are a lawful resident, the State requires you to take the driving test from square one (poo)

I mentioned this in the other thread, but for the benefit of everyone else, here's what the DPS website says (for reference, this is from this page http://www.txdps.state.tx.us/DriverLicense/ApplyforLicense.htm and then under section 3: {resent documents that you are a US citizen or have lawful presence)

The box says the following

Valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, or U.S. Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S. A list of acceptable documents can be found in the Temporary Visitor Issuance Guide (PDF).

If we look at the temporary issuance guide on page 6

Applicants for adjustment of status

Note: These are individuals applying to become lawful permanent residents.

♦ Immigration documentation indicating this status.

This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.

When myself and my fiancée called the DPS, they actually said we could apply for a licence using this document, (the I-797 is your NOA1) and that should allow me to apply for a US drivers licence.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

That's the thought I'm getting to , except this bit

I mentioned this in the other thread, but for the benefit of everyone else, here's what the DPS website says (for reference, this is from this page http://www.txdps.sta...yforLicense.htm and then under section 3: {resent documents that you are a US citizen or have lawful presence)

The box says the following

If we look at the temporary issuance guide on page 6

When myself and my fiancée called the DPS, they actually said we could apply for a licence using this document, (the I-797 is your NOA1) and that should allow me to apply for a US drivers licence.

Wow really? Did you speak to an actual representative of the DPS? I had read those pages before but thanks for posting all the most relevant points. So let me get this straight, did the person on the phone say that our papers should be enough for us to apply for an actual Texas license, not just a temporary one? Also the NOA1 is the one you receive after you initially apply for AOS? Please let this be true!!! lol

Filed: Citizen (apr) Country: Wales
Timeline
Posted

The person on the phone (whom my fiancee spoke to, not me) said that we could apply for a Texas Drivers licence with the I-797 document (NOA1) as per the DPS PDF link above)

It would be a limited licence for one year.

So yes, it should be enough, HOWEVER, the DPS isn't exactly known for consistency, so I'm going to have her call the DPS again to check at some point. Unfortunately it's a bit difficult for her to do it within the next few days. You could ask your fiancee to call from her side however?

Filed: Citizen (apr) Country: Wales
Timeline
Posted

DPS isn't known for it's accuracy either so it's worth calling again. But initial calls seems to indicate that yes, we can apply for a drivers licence. I wonder if that's right, or just someone reading things wrong

Link to the Temporary visitor issuance guide that has the info on AOS. Page 6 should have this, right down the bottom.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

DPS isn't known for it's accuracy either so it's worth calling again. But initial calls seems to indicate that yes, we can apply for a drivers licence. I wonder if that's right, or just someone reading things wrong

Link to the Temporary visitor issuance guide that has the info on AOS. Page 6 should have this, right down the bottom.

Thanks for the info. I was aware of the temporary license for 1 year but I assume after that year is up, we can't use it any more & we then have to take the driving tests to get an actual license? So we get roundabout 3 months of using our UK license & then another year to use the temp one so with processing times, it could be around 14 months to get on our feet before we go back to driving school?

Don't worry, I can call DPS myself tomorrow as I have a free phone. Do you have a number?

Filed: Citizen (apr) Country: Wales
Timeline
Posted

Nope, I mean that when you apply for the temporary licence, you actually take a full driving test then, and when they grant you a licence, it expires in one year. Once your greencard comes through, take it down to the DPS and they will then for a fee adjust the licence expiration date. The temp one is a full licence!

You can try and call the DPS yourself but you'll need a US drivers licence number and all her specifics. Last time I tried they were very very funny about talking to me, and in the end they wouldn't.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Nope, I mean that when you apply for the temporary licence, you actually take a full driving test then, and when they grant you a licence, it expires in one year. Once your greencard comes through, take it down to the DPS and they will then for a fee adjust the licence expiration date. The temp one is a full licence!

You can try and call the DPS yourself but you'll need a US drivers licence number and all her specifics. Last time I tried they were very very funny about talking to me, and in the end they wouldn't.

Wow they sound super helpful..:/ Ok well as I already knew we can't get out of the driving test...as soon I go over, I am going to get the yellow book that teaches you about the written test & start studying!

Filed: Citizen (apr) Country: Wales
Timeline
Posted

Wow they sound super helpful..:/ Ok well as I already knew we can't get out of the driving test...as soon I go over, I am going to get the yellow book that teaches you about the written test & start studying!

Here's a link for the book if you want Texas Drivers Handbook

Apparently there are other things but I have no idea what they are.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Here's a link for the book if you want Texas Drivers Handbook

Apparently there are other things but I have no idea what they are.

Thank you, that's so helpful. Is this the full book in PDF format then? I guess we shall need to look into the "other things" blink.gif

Posted (edited)

Thank you, that's so helpful. Is this the full book in PDF format then? I guess we shall need to look into the "other things" blink.gif

Hello Leeds and Photo--

First off, the links someone put to my posts from 2010 are no longer accurate. The DPS has made a few changes, starting Oct 1 2008 the big change, and some modifications that favor K1s subsequently to tweak their big change. Changes I know are:

* now the NOA1 receipt (I797c)is enough proof to allow a license. No more waiting for EAD.

* you have 90 days from moving to Texas to get a TX license. (formerly 30)

* The newest thing that just happened is now proof of residency in Texas is required like a water bill or something. It's new and doesn't effect my husband so I didn't pay much attention. I read it posted on the wall when we were at the DPS in May.

You need a Social Security card so get that asap after POE.

Here's the long list of all visas etc and what you have to show to get a license depending your immigration status and how long the license will be issued for http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf

You will take the written (computer) test. That allows you to have a learner's permit and practice driving with a licensed driver with you. If you don't need to practice, then sign up for the driving test as soon as you like. My husband took both the same day. The written test is heavy on the beginning of the yellow book about penalties for teens, so don't skip studying that just because you're not a teen. My husband barely passed because he didn't read that section of the book at all and was guessing. The test seems to be geared toward teens who are the majority of first time license seekers. The yellow book is free or also online.

If you're uncomfortable driving in the city, then try a rural small town DPS for taking the driving test. Everybody from the UK says its a super simple test. So you pass the driving test you get a full legal license, but you are identified as a Temporary Resident because it says so at the top and it's in portrait mode like this

0213_LOC_Temporary_Card_t160.jpg instead of DL-285x178.jpg

Basically they have been pressured by the federal government to give licenses that expire when immigration status expires.

So you will pay for a new license several times as you gain longer status in the US. A greencard should get you the regular landscape mode license since you have been granted residency in the US. Before that, you are temporary in the US...like people on work visas, foreign students, etc. You never have to take the tests again, but you have to pay for each time you change/renew the license. Until you are a USC, each renewal or even address change must be done in person rather than online. They classify you as: Citizen? __Yes __No. There is no field for greencard holder, etc. You must prove your SSN and immigration status in person for everything. That's why we went to DPS in May...to show my husbands's naturalization certificate, pay for yet another change, and get him classified as citizen once and for all.

As far as when are you a resident of Texas? That's a hard one. When you come on a K1, you have an I-94 that says you have 90 days to be in this country. You have been granted no right to live here so I consider that visiting. I would 100% say I'm visiting and drive on the UK license. It's too hard to explain the K1 immigration rules to cops. But I think it's easier for K1s now than it was just 3.5 years ago. Now you aren't told you must get a TX license within 30 days but you couldn't have a license until EAD was received. It was a catch 22. You should easily be able to marry and file for AOS within 90 days and get your TX license.

I think I covered most of what you were puzzling over. We have been to DPS on SEVEN occasions since my fiance/husband arrived less than four years ago. I've corresponded many times with DPS headquarters in Austin over the problems K1 had. I think it has greatly improved.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hello Leeds and Photo--

First off, the links someone put to my posts from 2010 are no longer accurate. The DPS has made a few changes, starting Oct 1 2008 the big change, and some modifications that favor K1s subsequently to tweak their big change. Changes I know are:

* now the NOA1 receipt (I797c)is enough proof to allow a license. No more waiting for EAD.

* you have 90 days from moving to Texas to get a TX license. (formerly 30)

* The newest thing that just happened is now proof of residency in Texas is required like a water bill or something. It's new and doesn't effect my husband so I didn't pay much attention. I read it posted on the wall when we were at the DPS in May.

You need a Social Security card so get that asap after POE.

Here's the long list of all visas etc and what you have to show to get a license depending your immigration status and how long the license will be issued for http://www.txdps.sta...StatusChart.pdf

You will take the written (computer) test. That allows you to have a learner's permit and practice driving with a licensed driver with you. If you don't need to practice, then sign up for the driving test as soon as you like. My husband took both the same day. The written test is heavy on the beginning of the yellow book about penalties for teens, so don't skip studying that just because you're not a teen. My husband barely passed because he didn't read that section of the book at all and was guessing. The test seems to be geared toward teens who are the majority of first time license seekers. The yellow book is free or also online.

If you're uncomfortable driving in the city, then try a rural small town DPS for taking the driving test. Everybody from the UK says its a super simple test. So you pass the driving test you get a full legal license, but you are identified as a Temporary Resident because it says so at the top and it's in portrait mode like this

0213_LOC_Temporary_Card_t160.jpg instead of DL-285x178.jpg

Basically they have been pressured by the federal government to give licenses that expire when immigration status expires.

So you will pay for a new license several times as you gain longer status in the US. A greencard should get you the regular landscape mode license since you have been granted residency in the US. Before that, you are temporary in the US...like people on work visas, foreign students, etc. You never have to take the tests again, but you have to pay for each time you change/renew the license. Until you are a USC, each renewal or even address change must be done in person rather than online. They classify you as: Citizen? __Yes __No. There is no field for greencard holder, etc. You must prove your SSN and immigration status in person for everything. That's why we went to DPS in May...to show my husbands's naturalization certificate, pay for yet another change, and get him classified as citizen once and for all.

As far as when are you a resident of Texas? That's a hard one. When you come on a K1, you have an I-94 that says you have 90 days to be in this country. You have been granted no right to live here so I consider that visiting. I would 100% say I'm visiting and drive on the UK license. It's too hard to explain the K1 immigration rules to cops. But I think it's easier for K1s now than it was just 3.5 years ago. Now you aren't told you must get a TX license within 30 days but you couldn't have a license until EAD was received. It was a catch 22. You should easily be able to marry and file for AOS within 90 days and get your TX license.

I think I covered most of what you were puzzling over. We have been to DPS on SEVEN occasions since my fiance/husband arrived less than four years ago. I've corresponded many times with DPS headquarters in Austin over the problems K1 had. I think it has greatly improved.

Nich - Thanks for your extremely informative reply good.gif I guess the only annoying part is having to renew the license so many times...how much is it each time by the way? Also is there a DPS office in Austin so I won't need to travel to another major city to wait in line every time I need a renewal? Also this may be slightly off topic, but what are the cons of not becoming a USC? I would like to relocate to be with my future husband of course but becoming a citizen isn't important to me if I can just keep my GC & continue to live in the US. The only cons I have found so far are not being able to vote & not being allowed to be president. I guess we can stick several renewals of DL on there as well? lol devil.gif

Posted

Nich - Thanks for your extremely informative reply good.gif I guess the only annoying part is having to renew the license so many times...how much is it each time by the way? Also is there a DPS office in Austin so I won't need to travel to another major city to wait in line every time I need a renewal? Also this may be slightly off topic, but what are the cons of not becoming a USC? I would like to relocate to be with my future husband of course but becoming a citizen isn't important to me if I can just keep my GC & continue to live in the US. The only cons I have found so far are not being able to vote & not being allowed to be president. I guess we can stick several renewals of DL on there as well? lol devil.gif

It's now $26 to get the license. I think my husband paid that again when he got the regular license with his greencard. I don't remember for sure. It was good for 6 years, but I think maybe that's changed to 2 years because your first GC expires in 2 years. . A renewal (like when it's expiring) is $26. A change of name or address is $11. We moved so did that. In May they took a new photo and issued a new license ($11) when he went to change status to citizen. They had to change his name to match the naturalization certificate, which included his full middle name. Before it had his middle initial which matched the greencard.

There are DPS offices all over the state. http://www.txdps.state.tx.us/administration/driver_licensing_control/rolodex/search.asp You wait a long time to be served. Two hours for us in Houston to do address change. Our closest office said they had a minimum 3 hour wait and told me about the shorter wait office near the airport. Most of our visits were to a small town office before we moved. Anyway there are some megacenters set to open soon to hopefully speed up processing in the larger cities. I posted about those in this thread http://www.visajourney.com/forums/topic/376065-texas-written-driving-test/page__p__5510360#entry5510360.

To become a citizen or not? Well you could be like Jason Bourne and carry multiple passports :P. when you get abducted by aliens or terrorists, the US Navy Seal will swoop in and rescue you. You would never have to spend another penny with USCIS or fill out another form for them or remember to renew. You would be eligible for certain jobs not open to PRs. And the all important renewing your TX driving license online.

There's not that much compelling to become a USC, so it's a matter of preference I suppose. You can lose your greencard of you don't remain in the US. Some folks want to give it a try moving back to the UK. If you were a USC, you could stay in the UK several years and simply return to the US with no paperwork. As a greencard holder, you could lose your status if you were away a certain length of time, or took up residence and worked...I don't know how to quote all the details from memory, so look that part up.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...