Dan R Posted February 3, 2006 Report Share Posted February 3, 2006 When the I-94 90 days expired so did the California ID which should be able to be renewed once AOS is applied for. At least that is what I thought as a partially sane and rational individual. Not at all! The computer says her legality must be verified first. We brought our marriage certificate and the receipt notice for AOS. No good they say. The only document DMV will accept is a green card or the NOA notice of approval. Now it is my understanding that USCIS does not send this notice any longer. CA DMV says she can not renew her ID without it. This leaves her without any valid IDs since the passport only shows her visa is expired. This is driving both of us crazy because she can't board a plane or drive to San Diego for the weekend without risking big hassles. Has anyone else had this experience? God I hope not but then misery does love company. Link to comment
Dan R Posted February 3, 2006 Author Report Share Posted February 3, 2006 Ok I will probably get in trouble when I go home. It turns out that by not filing for EAD we must wait until the AOS is processed and approved before she qualifies for an ID or anything giving her legal status. I just got off the phone with USCIS and was given the bad news. Ouchy!!!!The EAD would allow her to have an approval recognized and take her out of limbo. Link to comment
Mick Posted February 3, 2006 Report Share Posted February 3, 2006 Dan, by NOA notice of approval, do you mean the letter USCIS sends confirming that your application for AOS has been received? I was not aware that they didn't send this anymore. If they don't, I am not sure what to tell you as that document was essential to show that she was still of legal status. It would seem, to a rational agency, that the marriage license should suffice but I learned a long time ago in this process, one cannot assume rationality. Could you possible call USCIS and explain the situation and ASK THEM what your lady needs to do to prove she is legal? Link to comment
david_dawei Posted February 3, 2006 Report Share Posted February 3, 2006 (edited) I can't believe I cannot find this post... but I'm running out now... someone did run into this and I thought your stuck till you get the green card. my wife's ID expires in 2010, so we won't run into that problem... ---- added: California DLhttp://candleforlove.com/forums/index.php?...topic=13153&hl= Drivers license and no proof of AOS or EAD app, What can we do?http://candleforlove.com/forums/index.php?...topic=11292&hl= Edited February 3, 2006 by DavidZixuan (see edit history) Link to comment
Dan R Posted February 3, 2006 Author Report Share Posted February 3, 2006 I did the EAD app on line. Boy is that the easiest thing I ever did with the government. Link to comment
rogerluli Posted February 3, 2006 Report Share Posted February 3, 2006 We had no trouble getting a Wisconsin state ID and we also did not file for EAD or AP or any of that more $$$ stuff. Maybe by not filing we slowed down our AOS app because we seem to be stuck in limbo while others who applied much later have already gotten their green cards. Boy does this whole process SUCK... Link to comment
Dan R Posted February 3, 2006 Author Report Share Posted February 3, 2006 We had no trouble getting a Wisconsin state ID and we also did not file for EAD or AP or any of that more $$$ stuff. Maybe by not filing we slowed down our AOS app because we seem to be stuck in limbo while others who applied much later have already gotten their green cards. Boy does this whole process SUCK... 187763[/snapback]You said it Link to comment
Dan R Posted February 3, 2006 Author Report Share Posted February 3, 2006 Dan, by NOA notice of approval, do you mean the letter USCIS sends confirming that your application for AOS has been received? I was not aware that they didn't send this anymore. If they don't, I am not sure what to tell you as that document was essential to show that she was still of legal status. It would seem, to a rational agency, that the marriage license should suffice but I learned a long time ago in this process, one cannot assume rationality. Could you possible call USCIS and explain the situation and ASK THEM what your lady needs to do to prove she is legal?187747[/snapback]California does not accept notice of receipt. Nor any in process paper work as giving an individual legal status. For this reason USCIS advised applying for the EAD which might arrive before the AOS so she has a chance of getting a valid picture ID faster. Currently her CA ID is expired and her visa is expired giving her no legal status in the liberal state of California. Link to comment
Randy W Posted February 3, 2006 Report Share Posted February 3, 2006 It seems like it is very important to apply for EAD, for this reason, and also so that your spouse could work in the event that something happened to you. Regardless of whether he or she intends to work. Link to comment
Dan R Posted February 3, 2006 Author Report Share Posted February 3, 2006 I can't believe I cannot find this post... but I'm running out now... someone did run into this and I thought your stuck till you get the green card. my wife's ID expires in 2010, so we won't run into that problem... ---- added: California DLhttp://candleforlove.com/forums/index.php?...topic=13153&hl= Drivers license and no proof of AOS or EAD app, What can we do?http://candleforlove.com/forums/index.php?...topic=11292&hl=187752[/snapback]As you said we are just stuck. At least now I have two cases in process and USCIS says the EAD is currently 4 months faster than AOS. Since we already have 2 months on the AOS that is still a chance for 2 months saved. Link to comment
LeeFisher3 Posted February 4, 2006 Report Share Posted February 4, 2006 When the I-94 90 days expired so did the California ID which should be able to be renewed once AOS is applied for. At least that is what I thought as a partially sane and rational individual. Not at all! The computer says her legality must be verified first. We brought our marriage certificate and the receipt notice for AOS. No good they say. The only document DMV will accept is a green card or the NOA notice of approval. Now it is my understanding that USCIS does not send this notice any longer. CA DMV says she can not renew her ID without it. This leaves her without any valid IDs since the passport only shows her visa is expired. This is driving both of us crazy because she can't board a plane or drive to San Diego for the weekend without risking big hassles. Has anyone else had this experience? God I hope not but then misery does love company.187732[/snapback]Dan, a photo copy of the NOA for AOS and her passport provide for her legal status. There is a document floating around that states this from the DOS, wish I had a link to it for you. While California may not recognize this for a State ID they MUST recognize the authority of the DOS to extend her status while the application is pending. Link to comment
cosmiclobster Posted February 4, 2006 Report Share Posted February 4, 2006 (edited) Sorry Dan but it looks like our govt has served up another helping of horse$hit!!Why would the DMV even issue an ID card for only less than 90 days???Does that even make a little bit of sense to anyone who is not totally brain dead??? She came to CA on a fiancee visa with the intention of getting married and living in CA. What is their problem???? We went to the CA DMV with her passport, attached I-94 and her SSN and she got an ID good for 3 years. **EDIT 5 years!** What did you do differently??? Looks like you always have the option of getting a KY license! B) B) And, no, the KY I mean is the state, not the jelly!!!!! (Ya gotta wonder about a state named after a jelly that was meant to be used to ease objects into body cavities!!!) Edited February 4, 2006 by cosmiclobster (see edit history) Link to comment
Dan R Posted February 5, 2006 Author Report Share Posted February 5, 2006 Sorry Dan but it looks like our govt has served up another helping of horse$hit!!Why would the DMV even issue an ID card for only less than 90 days???Does that even make a little bit of sense to anyone who is not totally brain dead??? She came to CA on a fiancee visa with the intention of getting married and living in CA. What is their problem???? We went to the CA DMV with her passport, attached I-94 and her SSN and she got an ID good for 3 years. **EDIT 5 years!** What did you do differently??? Looks like you always have the option of getting a KY license! B) B) And, no, the KY I mean is the state, not the jelly!!!!! (Ya gotta wonder about a state named after a jelly that was meant to be used to ease objects into body cavities!!!) 187841[/snapback]Steve I am not surprised that she got 3 months and Amy got 5 years. We have friends that got driver's licenses without any problem at the same stage. Link to comment
pkfops Posted February 6, 2006 Report Share Posted February 6, 2006 Almost the same thing here too. A welfare recipient has more status. Just waiting for the EAD or GC; what evercomes first. Link to comment
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