Drivers License and other documents

[LA_Anderson 0]

On Sept. 24th my fiance enter the US.

We married on Oct. 24th

Unfortunately I could not get time off until December 29th, which of course was 5 days past the end of the visa date in the passport. Yes just 5 days!!!

Anyway went to get a drivers license for my now Hubby and couldn't because of course past the expiration.

I have sent in my adjustment information and of course I am in waiting mode.

I know this is rather late, but is there a way to get a extension to his original visa? Since we are married can I get something that indicates he is legit (I don't even care if he is not working) just would be nice to get a drivers license and a bank account, none of which we can do without proper documentation.

Any and all help would be very much appreciated.

Thanks,

[Dave&Roza 748]

On Sept. 24th my fiance enter the US.

We married on Oct. 24th

Unfortunately I could not get time off until December 29th, which of course was 5 days past the end of the visa date in the passport. Yes just 5 days!!!

Anyway went to get a drivers license for my now Hubby and couldn't because of course past the expiration.

I have sent in my adjustment information and of course I am in waiting mode.

I know this is rather late, but is there a way to get a extension to his original visa? Since we are married can I get something that indicates he is legit (I don't even care if he is not working) just would be nice to get a drivers license and a bank account, none of which we can do without proper documentation.

Any and all help would be very much appreciated.

Thanks,

First, relax. He is in a period of authorized stay. The Visa expired when he arrived in the US. The I-94 he received at the POE is the ruling document to show lawful status. Once married and the I-94 expires he would be in an out-of-status state until you file teh AOS. Once the AOS is file he is in a state of authorized stay. DId you file for AP and EAD along with the AOS? Based on the fact that you did not mention them my assumption is that you did not file for these as you could use the EAD along with the SSC to apply for work. Some DMVs also accept that as valid documentation for getting a DL and some want a GC.

Good luck,

Dave

[LA_Anderson 0]

First, relax. He is in a period of authorized stay. The Visa expired when he arrived in the US. The I-94 he received at the POE is the ruling document to show lawful status. Once married and the I-94 expires he would be in an out-of-status state until you file teh AOS. Once the AOS is file he is in a state of authorized stay. DId you file for AP and EAD along with the AOS? Based on the fact that you did not mention them my assumption is that you did not file for these as you could use the EAD along with the SSC to apply for work. Some DMVs also accept that as valid documentation for getting a DL and some want a GC.

Good luck,

Dave

LOL - You will have to play along with me, I have no idea what the acroynm mean...

POE = Port of entry

AOS? change of status?

AP?

EAD?

SSC - Social Security Card? Yes he has that

DMV - Department of motor vehicle - Yay - I figured that one out.

Thanks again.

[moemac59 193]

LOL - You will have to play along with me, I have no idea what the acroynm mean...

POE = Port of entry

AOS? change of status?

AP?

EAD?

SSC - Social Security Card? Yes he has that

DMV - Department of motor vehicle - Yay - I figured that one out.

Thanks again.

AOS - Adjustment of Status

AP/EAD - Advanced Parole and Employment Authorization Document - now issued as a combo card and usually is received before the green card (GC)if filed in conjunction with the AOS (I485 application)

I have posted the link below for the full acroynms so that you can review if you are unsure of what the lingo is. Hope this helps.

http://www.visajourney.com/content/us-immigration-glossary

[VanessaTony 3,567]

On Sept. 24th my fiance enter the US.

We married on Oct. 24th

Unfortunately I could not get time off until December 29th, which of course was 5 days past the end of the visa date in the passport. Yes just 5 days!!!

Anyway went to get a drivers license for my now Hubby and couldn't because of course past the expiration.

I have sent in my adjustment information and of course I am in waiting mode.

I know this is rather late, but is there a way to get a extension to his original visa? Since we are married can I get something that indicates he is legit (I don't even care if he is not working) just would be nice to get a drivers license and a bank account, none of which we can do without proper documentation.

No, there is no extension of the original visa. Also, the visa expired the second he entered the US on it. The I-94 is what I believe you're referring to.

He is out-of-status once the I-94 expires, until you file AOS (I-485). You should also file the EAD (work document - I-765) and AP (travel document - I-131) at the same time, the fee is waived when filed with AOS.

He is not able to get a license until he has his EAD (or GC). He should be able to drive on his Aussie license for a certain period (depends on your state). Also, it would have been unlikely he would have got one before the I-94 expired anyway, and if he did it usually would only have been valid until the I-94 expiration. Some states permit you to get a license with the receipt from AOS so check your state rules.

You also do NOT need US ID to open a bank account. He only needs his passport (not his visa). Sometimes also SSN (but he has that so not a problem).

The AOS receipt (NOA1) is also proof of his being here legally.

[LA_Anderson 0]

Thanks you are totally awesome. It has been a long road all help is appreciated. For those following, it is worth the wait even though it truly sucks emotionally and financially. Best wishes.

[kitkat1985 2]

Thanks you are totally awesome. It has been a long road all help is appreciated. For those following, it is worth the wait even though it truly sucks emotionally and financially. Best wishes.

Yes definetly sucks financially....... I'd say for driver's license i'd go to your states website for it and see if maybe anyother documentation can be used to apply for the driver's license.

When I was reading for the state of texas, I believe I read that if you applied for AOS you can...

FROM TEXAS

Applicants for adjustment of status

Immigration documentation with an alien number or I-94 number

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

so for texas with the i-797 pending for AOS can still apply for a drivers license... Hopefully they allow it in your state!!

[HK12 273]

I double that. Check your state's DMV requirements. Here in OK, you cannot get a driver's license or learner's permit until you have your EAD (bummer...).

However, he should be able to open a bank account or join your bank account with his passport and SSN. I did so without any problems.

[aws&ndd 103]

You only need proof of identification (passport works fine) to open a bank account. An SSN is NOT needed. My wife and I opened a joint account here no problem and all she needed to provide was her passport.

[HK12 273]

You only need proof of identification (passport works fine) to open a bank account. An SSN is NOT needed. My wife and I opened a joint account here no problem and all she needed to provide was her passport.

It might be bank-specific, but my husband's two banks asked for my SSN.

[aws&ndd 103]

It might be bank-specific, but my husband's two banks asked for my SSN.

It could be bank specific, but when we went to the bank to open our joint account, we told them she didn't have an SSN. They said no problem, they just had to use another form of ID. If you don't have an SSN, just explain it and they should look for alternative ways...or find another bank.