AOS

[TBoneTX 45,291]

Additionally, I would suggest that you refrain from going near the US/Mexico border. If you are stopped by a roving CBP checkpoint, you may have some issues. File for AOS as soon as you can.

This advice is not to be underestimated. OP, if you travel anywhere within a 100-mile radius of either U.S. border, you risk deep trouble. Carry a copy of your marriage certificate with you at all times, including throughout the AOS process until you have your green card in your hands -- and then carry that at all times.

[Al422 221]

As a non US citizen, you are actually required to have on your person at all times, whenever you are in a public place, whatever document shows your entitlement to be here (K-1, GC, whatever). Most of the time this is loosely enforced, but like the other posters said, if you are close to the border, especially in states with anti immigrant sentimemnt (Texas and Arizona come to mind), expect much tighter enforcement.

If you go out of status (i.e. fail to file AOS after day 90), you should be OK unless things happen, and things do happen when you least expect them. For example you can have the smallest legal trouble, like a littering ticket, and your out of status condition can turn it into large trouble. So try to avoid that. Also things that you may want to have happen, like a drivers licence, may not happen. Some states are fast and loose on that with a drivers license, but others may be on the phone with ICE in short order if you dare walk in there and flash an out of status K-1. So best to not even try.

If you are ot of status for 180 days or more, now you are in overstay condition, and the consequences get more serious. For example you could travel on a perfectly valid AP but get denied re-entry because of the overstay.

You can always file the I-485 (don't forget the I-130 if you are out of status for more than 2 years) since USCIS does not wish to penalize you for doing the right thing, even though you did it late.

Useful idea: Apply to your state DMV office for a non driver ID (while you are still in status). This way, you have some non immigration related ID to show to law enforcement. While they can still demand your passport and visa, this makes it less likely that they will do so.

Edited September 21, 2014 by Al422

[jxn 86]

Useful idea: Apply to your state DMV office for a non driver ID (while you are still in status). This way, you have some non immigration related ID to show to law enforcement. While they can still demand your passport and visa, this makes it less likely that they will do so.

Each state is different, but I'm sure most states require foreigners to demonstrate proof of legal status (unless you are applying for an ID for undocumented people, which some states give) and require the foreigner to have a minimum period of remaining legal status from the date of application.

In Washington, DC, it needs to be at least six months of remaining authorized stay, and even then your ID / driver license expires on the date your valid stay in the U.S. ends.

As more states adopt the REAL ID standard, I'm guessing this will become more common. OP will likely have to wait until he has the EAD in hand to apply for an ID. He could do it with the NoA after filing for AoS but I've read stories on VJ about DMV employees not understanding how the NoA actually gives one year of legal status from the issue date since it's simply a letter.

[landr 126]

To apply for a brand new Illinois ID card, you must visit an IL Driver Services facility. You will need to bring:

• An original document proving your written signature (e.g. credit card, court order, or driver’s license).
• An original document proving your date of birth (e.g. birth certificate, passport, or high school transcript).
• An original document proving your Social Security number (e.g. Social Security card, IL driver’s license record, or military service record).
• Original documents proving your Illinois residency (e.g. bank statement, credit report, or utility bills).
• Payment for the applicable fee (please see “Illinois Identification Card Fees” below).

From: http://www.dmv.org/il-illinois/id-cards.php

While the list of acceptable documents (http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x173.pdf) mentions immigration-related documents, there are alternatives you can provide. And proof of Illinois residency can be achieved through bank statements or utility bills.

Perhaps a K-1 in Illinois can add more information regarding their experience in applying for the card and expiry dates.

Edited September 21, 2014 by landr

[Penguin_ie 5,993]

**** Zombie thread closed. Thank you for trying to help, but please pay attention to the date of the Op and the last reply. Generally, if they are more than a couple of months old, there is no point in replying. In this case, the Op is over a year old and that member has not been back in over 6 months. ******