I can't do AOS now

[Darnell 8,479]

I dunno, if the 'husband' was presented with this, he should sign already, aye?

That's my thought, however malformed.

His other thought? Keeps her in the USA accruing unlawful presence.

[sib 7]

What state are you in? You are really lucky if you can get a driver's license without showing legal proof of resident, green card. Most states now require you to be legally in US to get a driver's license.

Signing the 864 is part of the process. Your husband seems to be very paranoid and not trusting you or his own decision to marry you.

You are not allowed to work until you AOS, so you need to have a lot of savings to cover that period. I honestly would not want to spend my savings waiting for him to decide that he is ready to sign the 864 and make you legal. You can not fly back to China to visit because you are not allowed to be back into US, you do not have a visa. So if something happens to any of your family members in China, you can not go there!

Try to talk with him and that it is necessary to get the AOS done as quickly as possible, so you can also think about citizenship down the road which will free him of his obligations or you can start working and start accumulating work time.

As others mentioned the I-864 is only enforceable when you are using the benefits and when you are eligible for them, which you are not for a while anyway.

Wishing you luck.

Sib

[Mogambi 96]

Here's my thoughts.

1) Your husband is a jerk. Did he do NO research about this? He signed an Affidavit of Support during the K1 process. He should have KNOWN that he was going to have to sign one for your Adjustment of Status. If not, if he's acting surprised, then he's an ignorant fool. This is about the most ridiculous thing I've heard.

I would NEVER trust someone like that. Why do you think in a year or two he'll change his mind? I believe if you don't file AOS within a year of getting married, you are going to have problems.

2) Consult a lawyer on your own. Explain the situation.

3) Leave this butthead. He doesn't love you. Love = Trust = SIGN THE DAMN FORM

[KayDeeCee 4,895]

The I-864 does not take away his property and finances in case of divorce. It is a contract between himself and government that IF you were to go on public support then the government could sue him to pay back that public assistance. Property and finances are settled by a family judge in divorce court NOT by an I-864.

I think your willingness to stay with someone who does not care enough to secure your status in this country is sad and I personally would never stay with someone that did not love and trust me completely. It is your choice though. It would be best to keep enough money saved to be able to return home if you need to in the future because I would not count on him paying for your ticket.

[Darnell 8,479]

hey - any movement over there?

[Peter_Pan 661]

I would just turn myself in to the ICE. If I understand correctly, the only way to avoid deportation would be to file for AOS. If he isn't willing to do that, there is your answer.

[dandk 72]

Just checked the website of DMV here, no need to submit the green card when apply a new driver's license.

Assuming that you live in California, you won't be able to apply for driver license because your I-94 is already expired. California DMV requires legal presence for verification. You will need to file AOS in order to file EAD at the same time. We got denied applying for State ID due to I-94 less than 60 days from expiration date. We have to wait until we got our EAD in order to apply for driver license. I am sure most of other States have the same criteria just like California.

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

[dandk 72]

Again, it depends on what state you are from. He JUST got his license in 2011. I'll check my DMV's website, but even the OP said she just checked hers and no green card is needed.

I just checked our DMV website. Under identification needed to obtain a license there are 4 boxes. You have to have at least one item from each box.

A. Written Signature:

In this box there are multiple items listed such as credit cards, state ID cards, current drivers license. (my husband has all 3 of these).

B. Date of Birth:

items include: Adoption records, birth certificate, USCIS records (my husband could use birth certificate and others that I didn't mention)

C. Social Security Number:

items include: Driver's License Record, State ID card, Social Security Card (again, husband could use any of these)

D. Residency:

items include: Affidavit - Certificate of Residency, bank satements, canceled check, Official mail, Phone Book (lol), Vehicle Registration Card, Utility Bill (my husband could use any of these.

Driver's License rules are not the same across the countries. Requirements vary from STATE TO STATE.

Yes, Illinois is one to the States that grant driver license without having to prove legal presence. It's a part of their version of Dream Act.

Here is their requirements,

http://www.cyberdriv...ns/dsd_x173.pdf

Here is the related news about Governor Quinn signing a bill for illegal immigrants to get driver license.

http://articles.chic...tification-card

Edited March 17, 2013 by dandk