Home Country Residency Status During AOS

[InRainbows14 17]

Hi, 

 

Apologies if this is in the incorrect place - I considered posting in the UK forum, but threads there are more concerned with visa applications than post-arrival stuff.

 

I entered the US in December 2019 on a K1 visa. I applied for AOS in January 2020, and obviously that hasn't come through yet. 

 

My question is, because I am not yet a US resident (i.e. I haven't yet been granted a Green Card), am I still, legally-speaking, a resident of my home country (the UK)? I ask because my UK driving license recently expired (2 weeks ago). To renew the license, I need to be a 'UK resident'. If I am not yet a US resident, does that make me still legally a UK resident, whom can perform the tasks of a UK resident (such as driving license renewal)?

 

I am aware that I could technically use a family address in the UK to renew my license, but am concerned that this would be fraudulent, since I am not technically 'residing' there (but, to my knowledge I am not technically 'residing' in the US either, as I am not yet a legal permanent resident, and my application for this could still technically be refused).

 

Yet more confusion in terms of this K-1 - AoS 'limbo' status....

 

Thanks in advance for any advice.

Edited May 30, 2020 by InRainbows14
better title

[Ayrton 965]

1 minute ago, InRainbows14 said:

Hi, 

 

Apologies if this is in the incorrect place - I considered posting in the UK forum, but threads there are more concerned with visa applications than post-arrival stuff.

 

I entered the US in December 2019 on a K1 visa. I applied for AOS in January 2020, and obviously that hasn't come through yet. 

 

My question is, because I am not yet a US resident (i.e. I haven't yet been granted a Green Card), am I still a resident of my home country (the UK)? I ask because my UK driving license recently expired (2 weeks ago). To renew the license, I need to be a 'UK resident'. If I am not yet a US resident, does that make me still legally a UK resident, whom can perform the tasks of a UK resident (such as driving license renewal)?

 

I am aware that I could technically use a family address in the UK to renew my license, but am concerned that this would be fraudulent, since I am not technically 'residing' there (but, to my knowledge I am not technically 'residing' in the US either, as I am not yet a legal permanent resident, and my application for this could still technically be refused).

 

Yet more confusion in terms of this K-1 - AoS 'limbo' status....

 

Thanks in advance for any advice.

 

Even though you still don't have a "legal resident status" (green card), your place of residency is now the US. You reside in the US. So the moment you left the UK, you're not a resident there anymore, though you're still a citizen.

 

Renewing your UK driver's license and using a family address might be used against you. The officer might see that you're still "connected" with the old country. They might think that since you're living in the US, there's no need for a UK license anymore.

[InRainbows14 17]

51 minutes ago, Ayrton said:

 

Even though you still don't have a "legal resident status" (green card), your place of residency is now the US. You reside in the US. So the moment you left the UK, you're not a resident there anymore, though you're still a citizen.

 

Renewing your UK driver's license and using a family address might be used against you. The officer might see that you're still "connected" with the old country. They might think that since you're living in the US, there's no need for a UK license anymore.

Ah, I hadn't even considered this being used against me, but this is a good point. I was just thinking of renewing it for if I ever returned to the UK for a trip, but I've since learned that this wouldn't be legal anyway, as a UK license is only valid if you are resident of the UK (I'd need to drive on a US license).

 

Thanks for the advice!

[Wuozopo 4,293]

6 hours ago, InRainbows14 said:

 

I am aware that I could technically use a family address in the UK to renew my license, but am concerned that this would be fraudulent, since I am not technically 'residing' there (but, to my knowledge I am not technically 'residing' in the US either, as I am not yet a legal permanent resident, and my application for this could still technically be refused

🙋‍♂️ Got to admit, I did exactly that. And I drove on my U.K. license until I got EAD and a State license. Right ? Wrong? Don’t know but that limbo period is not well defined.