I-485 right away or whole package?

[jthunderbird 0]

Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

[Nitas_man 3,100]

13 minutes ago, jthunderbird said:

Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

I dont think Texas issues a drivers license until the EAD card comes in or unless you can show something with at least a year of legal status.

[eckoin 211]

There are zero ramifications to not submitting the medical with I-485. 

 

I-485 and I-864 are adjucated together.

 

I-765 and I-131 are adjucated together usually, but separately from I-485 and I-864.

 

I-693 is required by the date of the interview. It doesn't matter if you sent it with the packet, or brought it with you to the interview. 

 

Technically, with real ID changes, everyone should be able to get a DL in any state with the NOA for I-485, ie after USCIS accepted your AOS application and gave you notice that they did. 

 

In practice, DMV will usually tell you that you need at least an EAD to get a DL. This isn't true, but you'll have to escalate quite a bit to get to the highest person on the ladder to actually grant you a license. It helps to bring the government docs that outline the policy. 

[Crazy Cat 42,435]

15 hours ago, jthunderbird said:

Hello everyone,

 

My wife and I kind of messed up and only submitted the I-130 last year instead of all forms needed (I-485, vaccination, employment, support, etc).

 

Well after 13 months, we got the I-130 back but my wife currently does not have a status because her student Visa ran out. It has been a major pain these past several months with her having no driver's license. From my understanding, Texas will permit a driver's license if an application for adjustment is in process (proven by a I-797).

 

Getting her shots and other forms filled out with all required supporting docs will take a little while and we want her license back as soon as possible. My question is should we just submit the I-485 right away so we can get her license sooner at the expense of possibly slowing down the overall process or should we just wait until we have everything ready and submit it all at once?

 

What are the ramifications of submitting now?

 

Thanks for any information,

JT 

Sounds like your wife is out of status and subject to deportation right now.   Marriage and filing the I-130 provides no protection.  That would be my primary concern.......Filing the I-485 will give her authorized stay during the adjudication period. 

Edited July 6, 2019 by missileman

[Crazy Cat 42,435]

14 minutes ago, eckoin said:

In practice, DMV will usually tell you that you need at least an EAD to get a DL. This isn't true, but you'll have to escalate quite a bit to get to the highest person on the ladder to actually grant you a license. It helps to bring the government docs that outline the policy. 

Driver's Licenses are strictly a state-by-state process.....and some states require an EAD.....

Edited July 6, 2019 by missileman

[eckoin 211]

21 minutes ago, missileman said:

Driver's Licenses are strictly a state process.....and some states require an EAD.....

All 50 states have now accepted the Real ID Act, so they're all under the same umbrella for requirements--for real IDs. Different if you specifically want non-real ID, which only a few states can still provide. 

 

Here's Texas, for OP's example: https://www.dps.texas.gov/driverlicense/documents/verifyinglawfulpresence.pdf

 

Applicants for adjustment of status

 

Note: These are individuals applying to become lawful permanent residents.

 

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. 

Edited July 6, 2019 by eckoin

[Crazy Cat 42,435]

4 minutes ago, eckoin said:

All 50 states have now accepted the Real ID Act, so they're all under the same umbrella for requirements--for real IDs. 

 

Here's Texas, for OP's example: https://www.dps.texas.gov/driverlicense/documents/verifyinglawfulpresence.pdf

 

Applicants for adjustment of status

 

Note: These are individuals applying to become lawful permanent residents.

 

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. 

I am aware that Texas accepts the I-797 for pending AOS. I have recently seen other states whose requirements did not list it as proof of legal presence.

Edited July 6, 2019 by missileman

[eckoin 211]

Just now, missileman said:

I am aware that Texas accepts the I-797 for pending AOS. I have recently seen other state requirements which did not list it as proof of legal presence.

Yes, for non-real ID, every state was different. But with the Real ID Act, they have now all adopted the same standard, and the federal level Real ID Act specifically permits I-797 for a pending I-485 as proof. 

 

The issue is that many states used to explicitly disallow this as proof, so DMV staff are not aware of new regulations. That's why one might have to bring it up the chain, which is a PITA in itself. But every single state is now under RIA, though a couple still have extensions in place, meaning that they can still issue Non-RIA compliant DLs as well. If you opt for real ID, which you might as well, you can refer to federal regulation that every state must now follow. 

[Crazy Cat 42,435]

1 minute ago, eckoin said:

Yes, for non-real ID, every state was different. But with the Real ID Act, they have now all adopted the same standard, and the federal level Real ID Act specifically permits I-797 for a pending I-485 as proof. 

 

The issue is that many states used to explicitly disallow this as proof, so DMV staff are not aware of new regulations. That's why one might have to bring it up the chain, which is a PITA in itself. But every single state is now under RIA, though a couple still have extensions in place, meaning that they can still issue Non-RIA compliant DLs as well. If you opt for real ID, which you might as well, you can refer to federal regulation that every state must now follow. 

That makes sense.  I see it specifically stated right here in the Real ID Act:

 

[eckoin 211]

7 minutes ago, missileman said:

That makes sense.  I see it specifically stated right here in the Real ID Act:

 

Yep. This might as well be a PSA on its own. I first found out via reddit (/u/tvtoo who's done exceptional research work on everything), and there have been some users who had success in states where I-797s did nothing, after they've printed out the stuff he/she told them to print out, but it took time, effort, and patience.

 

For that reason, I don't know if it qualifies as a PSA--yes, you are eligible for a driver's license; no, it won't be an easy process and you'll have to fight for it. 

[jthunderbird 0]

Thanks for all of the replies guys. So just to verify, we can send in the I-485 and the I-864 right away while working on getting the others wrapped up?

 

Also, the form I-797 that shows her proof of status pending a change... does it come automatically as a type of receipt after submitting the I-485 or is there something I have to do to request it?

 

Thanks for all the help. Plan on sending off the first two forms tomorrow!

[Crazy Cat 42,435]

1 minute ago, jthunderbird said:

Also, the form I-797 that shows her proof of status pending a change... does it come automatically as a type of receipt after submitting the I-485 or is there something I have to do to request it?

She will automatically receive an I-797 as a receipt for the I-485 which will grant her "authorized stay" while the I-485 is being adjudicated..............it will not state anything about authorized stay, but she needs that receipt to provide evidence of authorized stay.

 

[jthunderbird 0]

I am filling these out now with my wife and have one more quick question that I have seen some conflicting answers on:

 

From my understanding, they would prefer the last 3 years full tax returns. I do my taxes with TurboTax and have them handy but mine are like 110 pages each... would maybe just the first page or two of each suffice along with tax transcripts? I plan on including my most recent offer letter and recent pay stubs as well.

Edited July 9, 2019 by jthunderbird

[geowrian 22,338]

If you provide the transcripts, then there's no need for a copy of the entire return.

Three years is only needed if it provides beneficial insight. For some, it may. for others, it may not. For yet others, it may not be beneficial.

In my case, I did provide 3 years, but income grew each year and it was with the same company, so I felt it was beneficial.

[jthunderbird 0]

Quick update...

 

We had a little delay because to get my IRS transcripts, I had to wait for a verification code to be sent to my house. Finally got it and have my I-864 all squared away.

 

Also have everything done for the I-485 except that my wife does not have a copy of her birth certificate and apparently it is a major pain for her to get one and could take a while.

 

My question now is, do I just submit the package minus the birth certificate so my wife can get legal again as quickly as possible or should we wait the (very possibly) months until we can get her family register form? I would rather get her legal as soon as possible and then when they review my 485, send me a request for her missing document (which we should have by then).

 

Even if it delays the whole process, getting her legal as soon as possible is my primary concern. Am I out of line with this thinking? Will her package get declined immediately because the certificate isn't in there?

 

Thanks guys!