After filing, when you get right to apply for: DRIVER'S LICENSE

Rafarocha

Registered Users (C)
My son aged out some time ago and now he'll get married to a US citizen.
His driver's license will expire soon and the BMV will no issue a new one since the one he has now say renewal with valid visa.. so the question is:
After getting married and after apply I-130..etc.. when he'll be able and with what documentation to the BMV? will the receipt from the USCIS with the A-number enough??

(since I know the timmings are different according to the places what is that he has to wait to go ahead and @ least get his Driver's License?? [I'm asking this so I can check myself on the timming list availables online from USCIS])

Thanks

Rafa
 
He lives in Ohio

OHIO

(other side question is: since he's out of status he'll have to send the I-130 and wait for that to be approved before requesting the AOS right??0

Thanks

Rafa
 
No. If he's married to a USC he should file I-130 and I-485 together in the same envelope to the Chicago lockbox. As he's out of status its especially important that he do this to expedite processing.

I think in Ohio you need at least EAD or Green Card to get a DL, its always worth trying your luck with the I-485 reciept though.
 
Will this be the sequence??

Just to double check:

EVEN WHEN HE'S OUT OF STATUS he can file:

1) just the I-130 and I-485 , wait for approval and then the rest?

or

2) ALL THESE @ THE SAME TIME?
• Form I-130 - Petition For Alien Relative
• Form I-485 - Application to Register Permanent Residence
• I-765 - Permission for Work Authorization
• I-131 - Request for Travel Documents
• I-864 - Affidavit of Support
• Form G-325A - Biographic Information Questionnaire - U.S. Citizen
• Form G-325A - Biographic Information Questionnaire - Foreign National Spouse
• Form I-693 - Medical Examination Form - Foreign National Spouse


Thanks

Rafa
 
since he is illegally present, make sure he DOES NOT APPLY FOR AND DOES NOT USE I-131.

If he wants to work while waiting for his GC, I-765 must be filed.

Everything else needs to be filed in one package.
 
Last edited by a moderator:
Agreed. Your son shouldn't attempt to leave the USA while his green card is processing. Even if he gets an AP that won't protect him from getting an automatic 3-10 year ban when attempting to reenter the USA with it. Tell him to save his money and leave that one off, and not to make any travel plans.
 
Just to double check:

EVEN WHEN HE'S OUT OF STATUS he can file:

1) just the I-130 and I-485 , wait for approval and then the rest?

or

2) ALL THESE @ THE SAME TIME?
• Form I-130 - Petition For Alien Relative
• Form I-485 - Application to Register Permanent Residence
• I-765 - Permission for Work Authorization
• I-131 - Request for Travel Documents
• I-864 - Affidavit of Support
• Form G-325A - Biographic Information Questionnaire - U.S. Citizen
• Form G-325A - Biographic Information Questionnaire - Foreign National Spouse
• Form I-693 - Medical Examination Form - Foreign National Spouse


Thanks

Rafa


Since he is in the US he is to file all forms at the same time.

He is not to file the I-131 because of him being out of status. He should not leave the US until he has green card.

Once he gets his EAD, then he should be able to get his Drivers Liscense renewed when he gets his EAD or his green card. It depends on Ohio rules. Best Wishes.:) :)
 
Thanks!
Yep... I put that one there (the I-131) but I know he cannot leave the country.. .so well .. he'll have to wait to visit grandma and grandpa (and I hope THEY HOLD ON.. 84 & 83 but still hanging and actually I HOPE I'll be like them in my 60s! old highlander parents! but I'm adoptive so there are no common genes going on here)

Thanks again!!!

(btw: if any of you can check my other post regarding his college situation I'll really appreciate: http://boards.immigrationportal.com/showthread.php?t=242495 )

Rafa
 
Once he gets his EAD, then he should be able to get his Drivers Liscense renewed when he gets his EAD or his green card. It depends on Ohio rules. Best Wishes.:) :)
Some states allow you to renew DL with just the Notice of Action for I-485. Pennsylvania does for example (I did this). Its always worth trying this.
 
does anyone know if California is one of the states where you can obtain a license with just an EAD?
 
Almost all states will give you a DL with an EAD and a Social Security number. I don't believe California is any different.
 
OHIO

(other side question is: since he's out of status he'll have to send the I-130 and wait for that to be approved before requesting the AOS right??0

Thanks

Rafa



Hi, I am in OH and your son can get a DL the moment he receives the receipt notices from USCIS, he needs to take all of them(i130-i765-i485) two forms of id with name and birth date and the marriage abstract, the wife needs to be present at the time.

Hope it helps, good luck.
 
Top