2 very important questions- need serious informed answers

[chills]

A couple of years ago my mother, a permenant resident, filled a petition for me to change my status. Since then I have received letters back stating that they have received my mothers petition request. Now it's been nearly 2 and a half years since my mother petitioned for me and I have yet to receive a visa number. From research that I have done, I have found out that if a relative files a petition for you and you have not recieved a visa number then your status changed to "period of stay".

Ok two questions that I have is #1. Me and my fiancee are looking to get married soon and we are considering filing sometime after our marriage. I was wondering if we do get married would it be impossible for my mother to file for me after I receive my visa number.

The second question I have is since my status is changed to "period of stay" because of the petition that my mother filed for me.. would it be possible for me to get a drivers license at the moment?

 

[TheRealCanadian]

Now it's been nearly 2 and a half years since my mother petitioned for me and I have yet to receive a visa number. From research that I have done, I have found out that if a relative files a petition for you and you have not recieved a visa number then your status changed to "period of stay".

If your mother filed only an I-130 on your behalf then you have no right to stay in the US based on that alone. You may be out of status and accumulating illegal presence towards the 3/10 year bars. What grounds do you have for remaining here - a valid non-immigrant status or a filed I-485?

Me and my fiancee are looking to get married soon and we are considering filing sometime after our marriage. I was wondering if we do get married would it be impossible for my mother to file for me after I receive my visa number.

Once you get married, you are no longer eligible for an FB2 petition.

 

[cherr1980]

A couple of years ago my mother, a permenant resident, filled a petition for me to change my status. Since then I have received letters back stating that they have received my mothers petition request. Now it's been nearly 2 and a half years since my mother petitioned for me and I have yet to receive a visa number. From research that I have done, I have found out that if a relative files a petition for you and you have not recieved a visa number then your status changed to "period of stay".
There is no status that "change to a period of stay". If you search in this forum many of the lately issues of unlawfull presence is that a person with a proper filed application for permanent resident or adjustment of status (I-485) is consider in an authorize stay by the Attorney General until a result of that application is given. And the status of that person in adjust of status is "adjustment of status".
A Petition of An Alien Relative or I-130 is just a petition, as the USCIS website indicates (www.uscis.gov) that is the "first" step to bring your family to the US and it doesn't give you any status. Just inmediate relative of US citizens can adjust their status inmediately because they don't have to wait for a visa number neither a priority date to become current
Check: http://uscis.gov/graphics/howdoi/immvisa.htm

Ok two questions that I have is #1. Me and my fiancee are looking to get married soon and we are considering filing sometime after our marriage. I was wondering if we do get married would it be impossible for my mother to file for me after I receive my visa number.
Check the same link I just send you. If you get married you can't not longer apply for your immigration benefits as an unmarried son of a permanent resident. Permanent Resident can't apply for married sons or daughters.
http://www.lawcom.com/immigration/famimlpr.shtml
http://immigration.about.com/od/uscasestatusprocessing/a/Prioritydatesct.htm (Q. #4)

The second question I have is since my status is changed to "period of stay" because of the petition that my mother filed for me.. would it be possible for me to get a drivers license at the moment?
It depends in what status you are right now. To adjust your status as an unmarried son of a Permanent Resident within the US you must be in a lawfull presence to do so, meaning mantain a valid non-immigrant status.
Since 2003, must of the States need a proof of your legal status and a social security number to issue a driver's license.[/QUOTE]


Good luck,

 

[usnycus]

Chills

As u said, you are waiting for visa number and that means you have not yet submitted I-485 (Application to AOS). Without pending I-485, you need a non-immigrant visa (like F1/H1/B1 etc.) to stay legally in US.

Also, don't get into marriage till you are done with your GC process. As 'cherr1980' & 'TheRealCanadian' pointed correctly, marriage will invalidate petition (I-130) already submitted on your behalf.

If you still want to continue with the marriage then your mother needs to get her citizenship and resubmit I-130 on your behalf in F-3 category. As of Aug 2005, there is min. 7 year wait in that category.

 

[chills]

yes, I have a student visa currently also I was wondering when is it that does run out exactly- student visas.. , thanks for your responses