AOS Questions from Alabama

[nifiance 7]

Good afternoon

 

I entered the USA on December 29, my husband and I got married on February 11 and we are currently gathering what we need for our AOS. We have submitted our marriage license and are waiting on our marriage certificate. I have some questions.

 

is it free to file the EAD with the AOS paperwork?

 

I know I can get a social security number in Alabama, but how do I go about getting a driver's license here as they stipulate on their website that one of the secondary documents required by a non immigrant is a "valid visa (with supporting documents) authorizing presence in the United States for a period exceeding 160 days."

 

If we don't file our AOS before the end of my 90 days K1 visa, will we get in trouble? He lost his job shortly before I arrived and is currently trying to find another one so we can pay for the fees. I don't want to risk deportation or breaking any rules. Does our marriage certificate permit me to stay here?

 

Thanks for any help anyone can offer. 

 

[Ben&Zian 4,398]

You file EAD and AP for free along with the AOS paperwork.

 

And once the 90 days expires, regardless of marriage you will be out of legal status. Once you submit the AOS paperwork and receive the first NOA then you are legally able to stay. Inbetween the 90 day expiration and the NOA for AOS again you will be out of status.

 

Edited February 13, 2017 by Ben&Zian

[DrEllaNJ 288]

1) free AP/EAD with AOS

2) drivers' license is a bit different per state, you may have to wait until you get your EAD or even green card. 

3) you can be in the country, and the only requirement is that you be married within 90 days, which you did. However, you will be out of status after the 90 days are up - and thus deportable. Overstay is typically forgiven for spouses, and so people do procrastinate on filing, but it's in your best interest to file as quickly as possible - as you can also only start working after you receive your EAD.

[LionessDeon 2,060]

Note: Applicants filing for this benefit at the same time or while an Adjustment of Status (I-485) application is pending are not required to pay any fee as it was included in the "total cost" of the I-485.

^^^ this from the guides pertains to EAD and AP.

 

Each state varies on the DL issue.  All I can say is take your passport, SS card, and I-94 and try.  If not you may have to wait until you get your NOA1 from the I-485 filing.

 

A K-1 Visa Holder only has "valid status" for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue "unlawful status". This 90 day window may not be extended .

^^^^ this from the guides.  Once AOS is filed for the "unlawful status" if any will be forgiven.

[DrEllaNJ 288]

3 minutes ago, LionessDeon said:

Note: Applicants filing for this benefit at the same time or while an Adjustment of Status (I-485) application is pending are not required to pay any fee as it was included in the "total cost" of the I-485.

^^^ this from the guides pertains to EAD and AP.

 

Each state varies on the DL issue.  All I can say is take your passport, SS card, and I-94 and try.  If not you may have to wait until you get your NOA1 from the I-485 filing..

adding to the list: your marriage certificate

[Fr8dog 312]

For the Drivers license:

http://dps.alabama.gov/Home/wfContent.aspx?ID=30&PLH1=plhDriverLicense-DocumentRequirementsAndFees#ID

 

the "list" is at the bottom.

 

you'll need the NOA-1 from the AOS

Edited February 14, 2017 by Fr8dog

[AnGeLxX 154]

On 2/13/2017 at 11:48 PM, Fr8dog said:

For the Drivers license:

http://dps.alabama.gov/Home/wfContent.aspx?ID=30&PLH1=plhDriverLicense-DocumentRequirementsAndFees#ID

 

the "list" is at the bottom.

 

you'll need the NOA-1 from the AOS

For me getting the Driver license was ugh lol. I showed them this ^ ..anyways they told me I could not get a driver license until I had a Green Card.  I think it depends which person you have in front of you, my experience is that a lot of them don't know anything about the K1/AOS and license process. 

 

@nifiancewelcome in Alabama

[bad4tatt 168]

On ‎2‎/‎13‎/‎2017 at 2:58 PM, nifiance said:

Good afternoon

 

I entered the USA on December 29, my husband and I got married on February 11 and we are currently gathering what we need for our AOS. We have submitted our marriage license and are waiting on our marriage certificate. I have some questions.

 

is it free to file the EAD with the AOS paperwork?

 

I know I can get a social security number in Alabama, but how do I go about getting a driver's license here as they stipulate on their website that one of the secondary documents required by a non immigrant is a "valid visa (with supporting documents) authorizing presence in the United States for a period exceeding 160 days."

 

If we don't file our AOS before the end of my 90 days K1 visa, will we get in trouble? He lost his job shortly before I arrived and is currently trying to find another one so we can pay for the fees. I don't want to risk deportation or breaking any rules. Does our marriage certificate permit me to stay here?

 

Thanks for any help anyone can offer. 

 

I am in Alabama and when I applied for AOS and received notification that my application was accepted. I was able to get a DL by bringing my NOA letter.

 

If you do not file within the 90 days you will be out of status, simply having a marriage certificate does not allow you to stay.