July 2018 AOS Filers

[Ana Maria 265]

On 8/27/2018 at 12:02 AM, Christy&J said:

Its kinda weird I had Biometric in Jacksonville but my interview will be in Charleston which is way too far away from where I live. But we are going ! Lol

You will enjoy Charleston.

Be sure to eat at 82 Queen St.

[jafll 73]

2 hours ago, Ana Maria said:

One year, that's great!

 

We did biometrics today, took 26 minutes...hahaha. fast and painless (no waiting).  Now will wait for the notice for the interview, I guess?

 

Then we went straight to DMV for Ana to take the Driving Permit Test on computer...she finally said she was ready.

But, she failed after 12 questions. It was hard she said - very different from the online testing quizes...said they showed photos of intersections and asked questions and some other obscure questions.

Anyway - she has some experience now on what to expect and I swear they make the first attempt test harder than the follow-ups.

I told her no problem, we will go back tomorrow and try again.  We will go back every day until the 8th of September or until she passes - I figure she can make 6 more attempts...hahaha

stay tuned.....

good luck to, John!

rs

May I ask what proof of legal status you showed DMV to be able to apply for driver's license? I heard the NOA for AOS can be used and I just want to confirm.

[Ana Maria 265]

8 minutes ago, jafll said:

May I ask what proof of legal status you showed DMV to be able to apply for driver's license? I heard the NOA for AOS can be used and I just want to confirm.

Primary for legal status is I-94, such that in NC, at least, her NC I.D. card formally expires when her I-94 expires and we will have to wait for temp. green card for extending that expiration and any other formal NC documentation.  This seems to vary by State.  Now, we are pushing hard to get her NC driving permit before the I-94 expires so she can begin driving.

 

Other ID required for NC...foreign passport (identity 1), birth certificate (identity 2), social security card (which we applied for as soon as she entered US), marriage certificate (for her name change), joint bank account statement for proof of address.

 

We applied for and received her NC I.D. card prior to filing for AOS.

AOS NOA1.... I dont think would suffice for NC because it does not have any "dates" authorizing residency.  It's just a receipt notice?

 

Between entering USA on K-1 and temporary green card....the only document authorizing residency is the I-94.  Once I-94 expires, you are technically "out of status" until temp. green card is issued

authorizing a new residency period. (as I understand).

 

 

[emekus94 1,125]

6 minutes ago, Ana Maria said:

Primary for legal status is I-94, such that in NC, at least, her NC I.D. card formally expires when her I-94 expires and we will have to wait for temp. green card for extending that expiration and any other formal NC documentation.  This seems to vary by State.  Now, we are pushing hard to get her NC driving permit before the I-94 expires so she can begin driving.

 

Other ID required for NC...foreign passport (identity 1), birth certificate (identity 2), social security card (which we applied for as soon as she entered US), marriage certificate (for her name change), joint bank account statement for proof of address.

 

We applied for and received her NC I.D. card prior to filing for AOS.

AOS NOA1.... I dont think would suffice for NC because it does not have any "dates" authorizing residency.  It's just a receipt notice?

 

Between entering USA on K-1 and temporary green card....the only document authorizing residency is the I-94.  Once I-94 expires, you are technically "out of status" until temp. green card is issued

authorizing a new residency period. (as I understand).

 

 

This is incorrect.

Once you file for AOS, your NOA1 replaces your I-94. THAT is proof of legal status.
You have a pending application with USCIS so you are in status legally. 

Imagine the horror for those that wait almost 2 years for a GC to be here "out of status" the entire time because I-94 is valid for only 90 days. 

You are only "out of status" for the time between when your I-94 expires and when you file AOS and technically receive your NOA1

Edited August 30, 2018 by emekus94

[Silver Fox 23]

Hello everyone,

 

I would just like to share how I got my Driver's license despite an expired I-94. Each state may have different policies but there is no harm in trying.

 

I initially applied for a NM Driver's license 35 days before my I-94 expires. I passed and I got a license until my I-94 expired. Hence, I went last Aug 1 to renew my license. However, DMV did not grant renewal at that time. Despite bringing my NOA1 - AOS, marriage contract, billing address and SS ID. They said they need verification from DHS. 3 weeks after, I got a letter from DMV that DHS verified my status and that I can get my license. Last Aug 28, I went there and paid for my license - federal ID compliant with expiration on Aug 27, 2019. I just tried and fortunately got my license. Now I can drive.

 

Sharing as I know how hard not being able to drive in most places here in US.

 

 

God bless and good luck everyone on your AOS journey.

 

Applied: July 16th - (AOS, EAD & AP) 

E Notice: July 20th 

NOA1 Letter: July 23th 

NOA1 Biometrics Appointment Letter: Aug 3

Early Walk-In Biometrics Appointment: Aug 06th ( Scheduled on Aug 17th)

Expedited EAD - Aug 29, 2018

[Ana Maria 265]

Just now, emekus94 said:

This is incorrect.

Once you file for AOS, your NOA1 replaces your I-94. THAT is proof of legal status.
You have a pending application with USCIS so you are in status legally. 

Imagine the horror for those that wait almost 2 years for a GC to be here "out of status" the entire time because I-94 is valid for only 90 days. 

You are only "out of status" for the time between when your I-94 expires and when you file AOS and technically receive your NOA1

Yes, I understand this.

However, I cant use the NOA 1 to extend the NC ID/License.. it has no residency authority. Nor, do I believe it guarantees anything.

I think they call that ...."being in limbo"....hahaha

 

The question was regarding NC DMV requirements.

Dude at DMV says he needs another document from USCIS with an expiration date - extending legal residency.

I assume that is a temp. green card extending residency for another period of time.

[emekus94 1,125]

Just now, Ana Maria said:

Yes, I understand this.

However, I cant use the NOA 1 to extend the NC ID/License.. it has no residency authority. Nor, do I believe it guarantees anything.

I think they call that ...."being in limbo"....hahaha

 

The question was regarding NC DMV requirements.

Dude at DMV says he needs another document from USCIS with an expiration date - extending legal residency.

I assume that is a temp. green card extending residency for another period of time.

For DMV- yes, you are correct
Each state has the right to dictate what documents they want as "proof of residency." Some states will allow an AOS NOA1... 

Though I will add that even if you have GC, am now hearing that the new administration has made it so that when one goes to DMV, they go through a "DHS verification" process.
It's quite a pain, wastes your time, but pretty harmless if one is here legally.

[ineedadisplayname 499]

1 hour ago, emekus94 said:

This is incorrect.

Once you file for AOS, your NOA1 replaces your I-94. THAT is proof of legal status.
You have a pending application with USCIS so you are in status legally. 

Imagine the horror for those that wait almost 2 years for a GC to be here "out of status" the entire time because I-94 is valid for only 90 days. 

You are only "out of status" for the time between when your I-94 expires and when you file AOS and technically receive your NOA1

I am sorry but I have to contradict you. If you read the NOA1 it says it doesn't grand you any immigration benefit. Once the I-94 expires in the case of K1 we are basically out of status and if I remember correctly I read it somewhere (can't find it now) that the attorney general basically grants permission for you to stay while your adjustment of status is pending. If you would have like H1B or any other legal status ad you could  maintain it (if you meet the conditions of that status) while your AOS is pending that would be your legal status....

 

That's why we can't get a state id, or driver's license etc until we receive the EAD which has a legal expiration date.

 

And yes, if I am not mistaken whom are waiting 2 years for a greencard they are basically out of status, I think, but protected from deportation and they benefit the AP and EAD if they applied for it....

 

Maybe somebody with more experience can correct what i wrote if it is not correct.

[emekus94 1,125]

2 hours ago, ineedadisplayname said:

I am sorry but I have to contradict you. If you read the NOA1 it says it doesn't grand you any immigration benefit. Once the I-94 expires in the case of K1 we are basically out of status and if I remember correctly I read it somewhere (can't find it now) that the attorney general basically grants permission for you to stay while your adjustment of status is pending. If you would have like H1B or any other legal status ad you could  maintain it (if you meet the conditions of that status) while your AOS is pending that would be your legal status....

 

That's why we can't get a state id, or driver's license etc until we receive the EAD which has a legal expiration date.

 

And yes, if I am not mistaken whom are waiting 2 years for a greencard they are basically out of status, I think, but protected from deportation and they benefit the AP and EAD if they applied for it....

 

Maybe somebody with more experience can correct what i wrote if it is not correct.

hmmmm this is def intriguing. I now want to know what is happening.

Let me get some experts on this - @Roel @missileman@geowrian? What are your thoughts
Cuz I was under the assumption that with your AOS, you don't accrue any "out of status" time- hence the reason why it is "advised" to file AOS paperwork whilst I-94 is still valid.

Because I don't understand why some states would let you get a State ID and License if you're "out of status"
That's the whole point of going through DHS and having "your presence verified"...

[ineedadisplayname 499]

2 minutes ago, emekus94 said:

hmmmm this is def intriguing. I now want to know what is happening.

Let me get some experts on this - @Roel @missileman@geowrian? What are your thoughts
Cuz I was under the assumption that with your AOS, you don't accrue any "out of status" time- hence the reason why it is "advised" to file AOS paperwork whilst I-94 is still valid.

Because I don't understand why some states would let you get a State ID and License if you're "out of status"
That's the whole point of going through DHS and having "your presence verified"...

I would like to know that too. Also I would like to get an US driver's license since I am slowly running out of the I-94's validity.... And not sure how long I am going to be able to drive on my foreign license.

When I went to get a state ID (talked with a supervisor too) they told me that they can't do anything with the NOA1 because it doesn't grant anything, and my only legal status is the I-94.

 

Will try to go to a different DMV  (highway patrol office?) and see if I can find out anything more. When I went there they wanted an EAD or green card.... She said about other documents but even after asking like twice she didn't elaborate on what other documents I could use to get a driver's license, but she was not happy with the NOA1 for sure....

[geowrian 22,337]

9 minutes ago, emekus94 said:

hmmmm this is def intriguing. I now want to know what is happening.

Let me get some experts on this - @Roel @missileman@geowrian? What are your thoughts
Cuz I was under the assumption that with your AOS, you don't accrue any "out of status" time- hence the reason why it is "advised" to file AOS paperwork whilst I-94 is still valid.

Because I don't understand why some states would let you get a State ID and License if you're "out of status"
That's the whole point of going through DHS and having "your presence verified"...

There's 2 aspects here:

1) Legal status

2) Unlawful presence

 

Legal status would expire with your I-94...90 days for a K-1 entrant.

Unlawful presence starts accruing after the I-94 expires and you don't have any form of authorized stay. Filing for AOS grants a period of authorized stay.

So as far as USCIS is concerned, you would not accrue unlawful presence while AOS is pending. DOS (embassies/consulates) can be a bit more of a question mark...

 

State IDs are a state issue, not federal one. Some states issue state IDs or drivers licenses to people who never had a status (EWI).

Edited August 31, 2018 by geowrian

[emekus94 1,125]

39 minutes ago, ineedadisplayname said:

I would like to know that too. Also I would like to get an US driver's license since I am slowly running out of the I-94's validity.... And not sure how long I am going to be able to drive on my foreign license.

When I went to get a state ID (talked with a supervisor too) they told me that they can't do anything with the NOA1 because it doesn't grant anything, and my only legal status is the I-94.

 

Will try to go to a different DMV  (highway patrol office?) and see if I can find out anything more. When I went there they wanted an EAD or green card.... She said about other documents but even after asking like twice she didn't elaborate on what other documents I could use to get a driver's license, but she was not happy with the NOA1 for sure....

The driver license thing is state specific-
in Texas, you CAN get a license with a pending NOA1- it's complicated but definitely possible.
I know states like Cal, you cannot. Not sure where your state falls on that spectrum. 

Lowkey this is one of the HIGH limitations of the K1 visa and with more delays in processing even for a simple EAD, this Visa is basically becoming obsolete-- unless you're like a same-sex couple whose country does not allow same sex-marriages and therefore this is ur only choice kinda thing. It indeed is exhausting

Geowrian has graciously explained the "presence" component above
 

[qliu 36]

13 hours ago, ashleykay said:

Do you think I’d be able to do this without having any response from USCIS yet? 

I have the confirmation # from my expedite request but I don’t have any notice of needing further evidence yet but want to get on top of it. 

I think you should wait for 5 business days after you filed for the expedition. If you don't hear from USCIS, you can contact the congressman or senator and they might be able to pass along your docs to USCIS.

[4rmGhanaliveinATL 13]

 I got a USPS priority mail coming my way With tracking details .

Anyone here who knows what USCIS ships from Ohio, Dayton to be precise ? This event might be triggered by the below preceding event . 

 

So I did call USCIS to expedite my EAD card on the 29th and I also went to the congressman John Lewis’ office that same day . The office sent me an email that my items have been forwarded. 

 

Although I have a limited knowledge of the process I don’t think this could be the card since they are usually shipped from Kentucky. 

[4rmGhanaliveinATL 13]

RFE is also a possibility since my status hasn’t changed to we are ready to schedule you for an interview. I wouldn’t be surprised anyway since I was expecting one in the first place(I am just a pessimist lol . Not that I forgot to add something )