001 "mis"information

[pkroger]

My wife called me today at work and was very worried because of something she read on the 001 site about needing to get a valid ID more than 60 days before her K-1 expires. I don't know where this could have come from. Has anyone else heard about anything like this "60 day limit"?

 

Thanks for the info.

 

Peter

[tywy_99]

The only thing I've ever heard like that is for K1 holders to apply for a social security card 70? days before the visa expires should they want one? I think that is how it goes but as far as 'needing' an ID card, I don't think so, I mean, it isn't mandatory.

Edited September 29, 2005 by tywy_99 (see edit history)

[frank1538]

I'm with ty on this one. The SS card is about the closest thing I've seen. Also, some states will issue a state picture ID in lieu of a driver's license with proof of legal residence. Maybe she's referring to this.

[awch]

My husband was told something similiar to this from a woman he met on 001. She told him he must get a driver's license before the 90 days of the K-1 are up.

 

Of course, it's not true.....

[pkroger]

Actually I found the "60 day" requirement. In California you cannot apply for a learners permit or drivers license if the document given to you bh DHS expires in less than 30 days. If it expires between 30 and 60 days, you can take the test, but the DMV won't send the permit/license until you have a document that says you can stay more than 60 days. Anyway here is is from the California DMV web site:

 

 

Limited Term Legal Presence

 

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date/legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

 

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

 

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

 

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.

 

 

What exactly is someone's legal status after the 90 day K-1 visa expires and you are waiting for your AOS interview? Is there any document that shows that you are legally able to remain in the U.S.? Does it have an expiration date?

 

Thanks,

 

Peter

[frank1538]

What exactly is someone's legal status after the 90 day K-1 visa expires and you are waiting for your AOS interview? Is there any document that shows that you are legally able to remain in the U.S.?  Does it have an expiration date?

 

Thanks,

 

Peter

157865[/snapback]

Take a look at what is often called the June 17th Virtue Memo: http://www.americanlaw.com/unlawfulmemo1.html. Specifically, it says:

 

"...Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General..."

[tywy_99]

What exactly is someone's legal status after the 90 day K-1 visa expires and you are waiting for your AOS interview? Is there any document that shows that you are legally able to remain in the U.S.? Does it have an expiration date?

 

The legal document would be the I-797 that you will receive from CIS accepting the I-485 for processing.

Look at your DMV website for information on 'legal presence' and what can be used as proof.

 

 

I couldn't resist! I had to see what CA DMV had to say!...

 

http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl05.htm

Edited September 30, 2005 by tywy_99 (see edit history)

[cosmiclobster]

Her passport (picture ID) with the I-94 (legal entry) and fiancee visa (which is NOT a limited term presence in CA or the USA)

 

AND her social security card number (we didn't even get the actual card yet, the SSA told us what her # would be) are all that is needed.

 

Getting the CA ID was a snap. The SSN was more of a pain but still doable.

Edited October 1, 2005 by cosmiclobster (see edit history)

[awch]

Actually I found the "60 day" requirement.  In California you cannot apply for a learners permit or drivers license if the document given to you bh DHS expires in less than 30 days.  If it expires between 30 and 60 days, you can take the test, but the DMV won't send the permit/license until you have a document that says you can stay more than 60 days.  Anyway here is is from the California DMV web site:

157865[/snapback]

The woman who told him that does live in California... that explains it.....