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Driving on expired i-94 and NOA1

By kandikandi in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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TabeaK Proficient

TabeaK   517

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted

Yeah, for the DMV - or MVC here in NJ - the state rules govern. Typically, as a K1, when you wanna get a license before EAD - go early! Often, the I-94 has to be valid a minimum amount of time (here it was 60d) - otherwise no license would be issued. NJ kindly gave a license 3 months longer than the expiration of the I-94.

 

Thankfully my GC came through quickly, essentially with my EAD, so I went back and renewed my license. Again, they gave me a license 3 months longer than my 2 year GC expiry. So when my ROC comes up in 11 months, I will go back and renew my license again with the extension letter. Hopefully, they'll stick to their pattern as the 10y green cards take more than a year now and I expect this'll only get worse. 

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
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Corey911
Corey911

Actually, we were stopped by Texas police and it's turned out with my Russian) international driver's license I'm allowed to drive 6months from the day of entry. P.S. I have 1 month left))

Suss&Camm
Suss&Camm

Yeah... and you can have a "temporary address" while visiting... for mail.. and such... it's just that... if I say I'm not a legal resident of my home country anymore... then I'm not a legal resident

Suss&Camm
Suss&Camm

I just want to add that these rules suck so bad and that I don't understand why on earth they just don't allow you to drive until you get a decision of some sorts after applying for aos... it's beyond

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
46 minutes ago, Fr8dog said:

So when I went through the AOS/driving hell I did a lot of research and my wife worked for an insurance company and had her legal department look at it too. So here we go:

 

- Check state DMV to see how long you are allowed to drive on an "out of state" license

- Check state DMV to see if you are allowed to drive on a foreign license.

- International drivers licenses have no real legal value other than being a translation for the foreign license.

- DMV is required to check your legal status before issuing a state license (here's where the actual problems start)

- There is a Government document of what documents you can use to prove your status (I can't find it right now, but DMV should have that book. If you don't like their answer politely ask them if they can look it up for you)

- I checked the Virginia version of this rule and they are close to the US accepted proofs. (I-94, NOA-1,EAD,AP, Green-card are a few of them)

- When considering driving remember this, an insurance company can call a policy void if you don't have the correct license. The only time you'll find that out is after you needed them for a claim. (That's why we had them check and confirm if I was covered on the policy)

- No matter who you have talked to, if their answer is; "I assume", "I think", "you should be fine", "I have no problem with that". They are irrelevant. You need to be able to find the official rulings and paperwork.

- Unless you have a 10 year green-card. DMV is required to issue a license up to the day you are allowed to stay (or 1-year after NOA-1). So I got my license for 70 days (remaining I-94), than 1 year (NOA-1) and had it renewed yesterday for 1 year and 7 months (2-year green card expiration date). Next up will be the ROC NOA-1 (again max one year)  O the joys of wanting to drive.

 

Question... So you mean nationally it is possible to verify status against the NOA1? The NOA1 document is on the Texas website for verifying lawful presence for Adjustment of status applicants... but I was told this couldn't be used to verify against SAVE? I'm so confused right now... Also the SSC will be in a different name than the NOA1

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Fr8dog Rising Star

Fr8dog   312

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Filed: Citizen (apr) Country: Netherlands
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Posted (edited)

The only way they can check, is to use SAVE (great process, they need to check and then a second person needs to confirm, takes a while).

The NOA-1 for AOS is in the book and can be used (can't find the form number now).

 

SSC is not required for a license.

Edited by Fr8dog
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Lozalex Apprentice

Lozalex   2

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

You can go and apply for an AB 60 driving licence. I have just done the same. Now I have a California drivers licence that shows I'm not a citizen yet.

 

I'm inbetween my AOS too. All I needed was my passport and a bank statement with name and address on. If you already have SSN you can use that.

Edited by Lozalex
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Fr8dog Rising Star

Fr8dog   312

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Filed: Citizen (apr) Country: Netherlands
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Posted

AB-60 is a state specific option.

Quote:

 

What is an AB 60 driver’s license?

Governor Brown signed AB 60 into law in 2013, wh
ich directs the Department of Motor Vehicles
(DMV) to issue a driver’s license to any California re
sident who is eligible, regardless of immigration
status. This means that an applicant who is undo
cumented can receive a driver’s license under AB
60.
W
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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
7 minutes ago, Fr8dog said:

The only way they can check, is to use SAVE (great process, they need to check and then a second person needs to confirm, takes a while).

The NOA-1 for AOS is in the book and can be used (can't find the form number now).

 

SSC is not required for a license.

it's i-797...

for Tx you need SSN http://www.dps.texas.gov/internetforms/Forms/DL-57.pdf

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Lozalex Apprentice

Lozalex   2

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted
1 minute ago, Fr8dog said:

AB-60 is a state specific option.

Quote:

 

What is an AB 60 driver’s license?

Governor Brown signed AB 60 into law in 2013, wh
ich directs the Department of Motor Vehicles
(DMV) to issue a driver’s license to any California re
sident who is eligible, regardless of immigration
status. This means that an applicant who is undo
cumented can receive a driver’s license under AB
60.
W

Oh. I didn't realise it was state specific to apply. Does that affect driving in other states then too? As I have used it in other places.

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kandikandi Enthusiast

kandikandi   31

Posted
Filed: AOS (apr) Country: Trinidad and Tobago
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Posted

well I have my SSN and I should be receiving my hardcopy i-797 in a few days.  But!  My i-94 is expired.  What will that mean for me?

03/11/16 - Engaged!

09/27/16 – Interview Date – Approved

10/13/16 – POE Houston

12/22/16 - HAPPILY MARRIED!!!!

01/09/17 - AOS/EAD/AP filed

01/23/17 - NOA1 texts and emails received

01/27/17 - NOA1 hardcopies received 

02/11/17 - Biometrics appointment letter received

02/21/17 - Biometrics appointment

04/17/17 - EAD status changed to New Card Being Produced

04/21/17 - NOA2 hardcopies for EAD and AP received 

04/26/17 - EAD/AP combo card received

05/26/17 - RFE Received (I-485)

06/12/17 - RFE Response Received at Houston Field office

06/22/17 - I-485 approved, Card being produced

06/29/17 - Hardcopy I-485  approval notice received

07/01/17 - Greencard in hand

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
1 minute ago, kandikandi said:

well I have my SSN and I should be receiving my hardcopy i-797 in a few days.  But!  My i-94 is expired.  What will that mean for me?

I don't think it means anything.. it says to bring that with your passport and visa...as a primary identification document... not as proof of lawful presence and it doesn't say "unexpired" as it does for some other ID documents...

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted

I'm gonna go tomorrow.. I'll let you know what happens.. :) I'm in the same situation..

I'm gonna print all the documents that say this and this and that... etc

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)

what tripped me up is on the link I said it says documents to prove lawful presence... and the i-797 is not on there... I had also seen another document that listed these... but for some reason I thought that was not "current"..  I see now that it says "Examples of documents.." :bonk:

 

and the other list ofc has to be the full list...

https://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

 

and has the i-797 for aos applicants

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted

If it turns out it was this easy I will be both happy and have a huge *DUUUHHHH*-moment... cause I have read these stupid things up and down and on here too ggrrrRRRrrr :oops:

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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zilchfox Community Regular

zilchfox   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Driving on an expired I-94 and having your NOA from AOS is fine, as long as you have a valid drivers license the state will recognize. I was able to get a one-time 120-day extension on my GA license by providing my NOA to the DMV here, so even though my I-94 is expired, my GA license is still valid until at least May, in which I hope to have my EAD by then to further extend it another year.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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Fr8dog Rising Star

Fr8dog   312

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted
14 minutes ago, Lozalex said:

Oh. I didn't realise it was state specific to apply. Does that affect driving in other states then too? As I have used it in other places.

https://www.ilrc.org/sites/default/files/resources/ab_60_4_27_15.pdf

 

Read it and weep (or not if you can prove you are legal on the spot)

 

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