I-20 expires in December, ready to file for AOS but what about my DL

[F1holdermarried 0]

Hi everyone!

So here is the situation. My husband and I got married August 26, and have been working on our paperwork since then. We are almost ready to send everything out (just waiting for his 1040's), but I have a few questions.

My I-20 expires Dec 30, 2012. My NJ DL expires on Nov 30, 2012.

Question: shouldn't it expire Dec 30?

Related question: I will need my DL beyond that point but I read somewhere that I won't get it renewed unless I show my EAD or valid I-94. Obviously my I-94 expires when my I-20 expires. What can I do about this? In NJ we have this stupid 6 points of ID requirement, and I don't think I will get my EAD nor my GC until the end of the year.

Is it possible to just renew my I-20 to get my DL renewed before we hand in the paperwork or is that considered illegal/fraud? I want to finish my degree, can I do this without a valid I-20? Technically I am in limbo once we applied for AOS, right?

Thank you so much for your answers!

Edited October 25, 2012 by F1holdermarried

[mjamhuri 0]

Hi everyone!

So here is the situation. My husband and I got married August 26, and have been working on our paperwork since then. We are almost ready to send everything out (just waiting for his 1040's), but I have a few questions.

My I-20 expires Dec 30, 2012. My NJ DL expires on Nov 30, 2012.

Question: shouldn't it expire Dec 30?

Related question: I will need my DL beyond that point but I read somewhere that I won't get it renewed unless I show my EAD or valid I-94. Obviously my I-94 expires when my I-20 expires. What can I do about this? In NJ we have this stupid 6 points of ID requirement, and I don't think I will get my EAD nor my GC until the end of the year.

Is it possible to just renew my I-20 to get my DL renewed before we hand in the paperwork or is that considered illegal/fraud? I want to finish my degree, can I do this without a valid I-20? Technically I am in limbo once we applied for AOS, right?

Thank you so much for your answers!

You should be able to use your valid/unexpired I-20, I-94, and your country passport to renew your DL now (immediately). You can renew your license at least one year before it expires, so do it before 30nov12 or you will have to do the driving test again. In your case, the EAD is not necessary to renew your DL coz your still on valid F1 status student and, therefore, eligible under this criteria. Your I-20 expires by the year end, hopefully you would have received your green card by then, but note that your F1 student status will expire the moment your AOS package is accepted by USCIS as properly filed. Your new legal status will be "Pending AOS". I wish you the best in this journey!

[F1holdermarried 0]

You should be able to use your valid/unexpired I-20, I-94, and your country passport to renew your DL now (immediately). You can renew your license at least one year before it expires, so do it before 30nov12 or you will have to do the driving test again. In your case, the EAD is not necessary to renew your DL coz your still on valid F1 status student and, therefore, eligible under this criteria. Your I-20 expires by the year end, hopefully you would have received your green card by then, but note that your F1 student status will expire the moment your AOS package is accepted by USCIS as properly filed. Your new legal status will be "Pending AOS". I wish you the best in this journey!

Thank you for your fast response. I will definitely do this immediately. However, I highly doubt I will have my GC by the end of the year. Apparently waiting times are four months right now. That would leave me without DL for two months, and I wouldn't be able to go to school. I think my main question remains: is it possible to renew my I-20 just to get my DL and once I have it, to apply for AOS immediately or would that be considered fraud/illegal?

[F1holdermarried 0]

Thank you for your fast response. I will definitely do this immediately. However, I highly doubt I will have my GC by the end of the year. Apparently waiting times are four months right now. That would leave me without DL for two months, and I wouldn't be able to go to school. I think my main question remains: is it possible to renew my I-20 just to get my DL and once I have it, to apply for AOS immediately or would that be considered fraud/illegal?

I found the answer in another thread. Thank heavens.

So am I correct doing the following steps in this particular order?

1. Get tax return from my dad as he is my sponsor for my F1 visa.

2. Get new I-20.

3. Renew DL.

4. Adjust new expiration date on papers.

5. Check all papers and send them out.

Correct?