I messed up a little bit and need an advise

V

Volki

Registered Users (C)
Hi there!

I got married with a green card holder almost two years ago. Two month ago I received approved I-130 petition and a month later my wife becamr a citizen. The very same day we made an appointment with a lawyer, filed I-487 and I-765 and we almost done when I mentioned that I had a driver license from a different state. Well, it wouldn't be a problem if I had lived there yet I just went there for a driver license. (here in NY it is hard to get one). I was too itchy to get one. You know, when you are married with a green card holder, you simply don't know when things will turn better. You keep waiting, waiting....So, at first I obtained a state Id and some 10 months later went and got a driver license. At the end, my lawyer advised me indicate (On my application)a fact that I lived for a period of 10 months in a different state. (away from my wife, as it seems, yet all these time we lived together and in matter a fact we have a very legit union). He told me that I have to open all my cards and deal with all problems later when it comes to an interview. Now, my question is...How bad is my situation? I know that I scr...ed up a big time but anyway.... Should have waited a bit more, just a bit more, God Damned!

I will appreciate any info
Thanks a lot
 
Volki said:
Hi there!

I got married with a green card holder almost two years ago. Two month ago I received approved I-130 petition and a month later my wife becamr a citizen. The very same day we made an appointment with a lawyer, filed I-487 and I-765 and we almost done when I mentioned that I had a driver license from a different state. Well, it wouldn't be a problem if I had lived there yet I just went there for a driver license. (here in NY it is hard to get one). I was too itchy to get one. You know, when you are married with a green card holder, you simply don't know when things will turn better. You keep waiting, waiting....So, at first I obtained a state Id and some 10 months later went and got a driver license. At the end, my lawyer advised me indicate (On my application)a fact that I lived for a period of 10 months in a different state. (away from my wife, as it seems, yet all these time we lived together and in matter a fact we have a very legit union). He told me that I have to open all my cards and deal with all problems later when it comes to an interview. Now, my question is...How bad is my situation? I know that I scr...ed up a big time but anyway.... Should have waited a bit more, just a bit more, God Damned!

I will appreciate any info
Thanks a lot
Click to expand...

There are a lot of cases here where the husband and wife live in different cities due to various reasons; and as long as you can prove your marriage is legit and give a valid reason for you staying separately from your wife, there wont be a problem during the interview. You pay a lot of money to your lawyer for your peace of mind and looks like thats the thing your lawyer is not giving you. In my opinion, you are good to go as long as you know you have a valid reason and have a legit marriage. Take care
 
What Ari4u says is true, there are similar cases that the spouse have been living separte from each other during a period of time. Now just a question and probably out of line, how long can you drive in NY with an out of state DL?
Good luck,
 
I would say.. stick with the truth. that u have always lived with your wife in NY. And tell them the truth that u just got ur license from a different state for watever reason. If u say that u lived in a diff state for 10 months, expect all sorts of tricky questions at interview about it and if either of you screw up on that which is really likely as you cannot prepare for something that never really happened it will be considered fraud and lying under Oath. Straight REJECTION. I know there have been cases where ppl living in diff states after marriage have been approved but they were asked to show proof of travel air tickets or phone bills( proof you were talking), did ur wife visit u there, details of ur house/Apt there( shower had curtains or screen)...etc. Be very carefull with what you decide.

All this only if u have lived with your wife all along. If u did live in a diff state for 10 months then be confident to state that.
 
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Upps I misunderstood over here... I read again. I thought he really live for 10 months outside the NY, but then why your own lawyer will recommend to lie? uhmmmm weird. I am agree with guru5678 is better not to lie, because then where you will say that you live and work? Plus they can find that out...why your lawyer recommended that? Let us know!
 
well, what else can I say? In either case it does not sound right. Whether you provide false information to a local DMV or live away from a spouse? Both cases smesll fishy especially if an immigration ofiicer does not want it go easy. I simply messed up. But think of it...A passport is about to expire, not a chance to extent it because I did not serve in my military, at that time I was married to a green card holder and two year waiting period is not exactly most funny one....Damn, hope an officer will understand it.
 
it doesn't smell that fishy. I had my old state license all the way to my AOS interview, because the new state (where I live with my husband) does not require non-immigrants to obtain this state's license. Since I was a non-immigrant until I got my GC, I chose to use my old license. The immigr. officer didn't have any problems with that.
 
I still have my old state's license because when I moved here, for a couple of years I was honestly considering moving back and by the time I decided not to, there was less than a year left on my H1 and DOT here would not let me get a new one and said I could drive with my current license as long as it is valid.
But in general, as long as you have the current state's license and have documentation to prove where you lived and paid your taxes, everything else should be okay. Changing a license or not is a traffic law enforcement issue and all else being fine, I dont know that they force you to follow the changing of license so strictly. Though I have heard of some people getting questioned about it, but as long as you have a reasonable answer and documents to prove it, I dont think you should worry so much. But then I'm not a lawyer, so consult carefully before you act.
Any other thoughts anyone?
 
I used to visit a lot and couldn't get a NY license because of there points system. Applied for a FL license and have it for about 5 years. I have renewed it and just never changed it over. Do a search and see my thread on "first interview- garden city" Don't quite remember the exact subject. It seems as if we are in the same boat-if this is the case, just tell the truth.

I think you might want to get a second opinion from another lawyer.

I decided to not be lazy to do a copy and paste for my thread

http://boards.immigrationportal.com/showthread.php?t=195970
 
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