HELP..immigration problem....a question..

[Chris F]

My fiance arrived July 9th and we were married in a civil ceremony a few days later. I have filed the I 485 paperwork in September to change her status.

My problem is with the Deptartment of Motor Vehicles. My wife got her license in August. She was issued a temporary license that expires in late November. The DMV will not extend that date due to her I 94 is stamped October 7th..which is in reference to the three month period that she needs to marry by.

The DMV needs to see some kind of extension on her passport or her drivers license will expire in a month.  I know that the I 485 will not be processed by then so what can I do?

I have tried to get a hold of immigration for another problem but could not get through to talk to someone live.

Anyone have any suggestions here???

[Gator]

... in response to HELP..immigration problem....a question...., posted by Chris F on Oct 28, 2005

I think you are out of luck!  If she has a Colombian license it will be legal to drive on that.

[Red Clay]

... in response to HELP..immigration problem....a question...., posted by Chris F on Oct 28, 2005

I think you/she should have received a letter (receipt notice) confirming that your wife's status adjustment is pending. Might help to show it to DMV.

[doombug]

... in response to Re: HELP..immigration problem....a quest..., posted by Red Clay on Oct 28, 2005

Letters showing status "pending" (such as I-797C) won't help.

Letters showing status "approved" (I-797A) will.

[Red Clay]

... in response to Re: Re: HELP..immigration problem....a q..., posted by doombug on Oct 29, 2005

My suggestion was based on the fact the CIS/INS expects an immigrants whole life to revolve around those "pending" letters, telling you to use them in many different places as proof of status while they are taking years to process your petition. Actually I doubt that the average DMV office would recognize/accept any such letter anyway, or at least the ones in our area would be clueless I am sure.

[doombug]

... in response to Re: Re: Re: HELP..immigration problem......, posted by Red Clay on Oct 29, 2005

The I-797A contains the petitionee's "I" number.  Without that "I" number, the programming won't even allow an application to start.  Basically, DMV will accept only those immigration documents that contain an "A" or "I" number AND are valid for at least 60 days.

The most fortunate immigrants of all:  Petitioners who hold I-94's that identify them as Asylum/Refugee/Parolee.  A powerful little card, it be.  Though it has no photo, no expiration date, and very basic identifying information, it is a sure path to a license/I.D. card (and probably loads of other state and federal benefits).
 
 

[Ray]

... in response to HELP..immigration problem....a question...., posted by Chris F on Oct 28, 2005

Did you submit an application for EAD (employment authorization) with the AOS petition? That’s what she needs to show her legal status until the AOS is approved.

Ray

[Chris F]

... in response to EAD, posted by Ray on Oct 28, 2005

Thanks Ray for the info!!

I did not file the EAD with the I 485 but will do so on Saturday. Do you know how long that takes or if I can expedite the process?  I am really worried about her license expiring in a month.

Also someone from the WLC board stated I needed an Advance Parole...is that necessary if she is not going home for over a year??

Thanks again Ray!!

[Ray]

... in response to Thanks Ray...I have another question, posted by Chris F on Oct 29, 2005

You can file the EAD after you file the I-485. I think you need to send it to the same drop-box address in Chicago where you sent the AOS stuff. I would figure on 2-3 months to process the EAD. If she doesn’t have it after 90 days, you can go to a local CIS office with an InfoPass appointment and get an interim EAD card. She will also need the EAD card to get her SS Card if she doesn’t have it yet or to work while the AOS is in process.

Advance parole is not necessary but would be real nice to have in case of an emergency back home where she may need to fly home on short notice. Sometimes it takes 6 months or more to process, so it may not be practical depending on where you live. I would check the processing times for the I-485 for your district CIS office and see how long they are backlogged. If they are doing I-485’s in less than 6 months or so, I wouldn’t worry about the Advance Parole.

Where do you live Chris? I would check with your DMV to see what documents they need to verify her status. I think California wants to see an EAD card if you are waiting for adjustment.

Ray

[JaySlo]

... in response to Re: Thanks Ray...I have another question, posted by Ray on Oct 29, 2005

Actually it is taking about 6 weeks to process the advance parole on average. I wouldn't want to be in a position where I couldn't get my wife home if there was an emergency, for us this was a no brainer.

[Ray]

... in response to Re: Re: Thanks Ray...I have another ques..., posted by JaySlo on Oct 29, 2005

Six weeks isn't bad at all. I remember a year or so ago a lot of folks were getting the AOS approved before they got their AP.

If they are processing them that fast now, I would recommend everyone get the optional Advance Parole just to be safe.

Ray

[Red Clay]

... in response to Thanks Ray...I have another question, posted by Chris F on Oct 29, 2005

[This message has been edited by Red Clay]

For many new MOB couples, the EAD and Advance Parole are two of the most basic, common steps toward adjustment that are filed ASAP. Curious as to why you didn't do it before now. She might need to return home in an emergency even if it wasn't planned.

Did you take a copy of your marriage certificate to the DMV office? Might be worth a try. We took it to ours and they considered it important evidence.

Another idea---you can now make appointments at CIS district offices to speak to an officer in person to ask questions, have passports stamped, etc. You make the appt. using a system called Infopass, which is found on the CIS/INS website. The system works very well, we have used it twice. You select the date/time that you want for your appt. MUCH better than trying to get answers over the phone, although you might have to drive some distance to your nearest district office. Maybe an officer can give you someting to verify her status (assuming DMV would know what it was).