Tracym

Hi everyone, I've read posts here for a while, and am now getting ready to try to bring my Scottish fiance over on a fiance visa. We are hiring an American immigration attorney in London (whose name I've seen mentioned here) so hopefully he'll step us through the process. I'm sure I'll still have some questions though. For now, I just have a few misc. questions some of you might be able to help me with.

1) My fiance has never gotten a drivers license in the UK (hasn't needed one up to now, is in a big city). If it's possible, I'd just bring him over here, get a learner's permit, and teach him to drive here (why bother learning to drive on the "wrong" side first after all, j/k). Not sure how that will work with the US drivers license or auto insurance though. Just to complicate it slightly, I live in Illinois, but when he first comes over we will be spending a few months in Michigan. I did try calling the DMV, but as expected, didn't get a clear answer. Anyone faced a similar situation?

2) He has some pre-existing medical conditions (for ex. asthma). I don't have any medical insurance I can add him to, does anyone have any ideas regarding obtaining medical insurance until he is employed?

3) (and I'll ask the lawyer too, just curious for opinions) when we get married I do not want to legally change my last name. I'm happy to answer to his name too, I just have had my own name a long time, and has some family history, and don't want to lose it. Would that look significantly bad when we try to adjust status?

4) I thought I remembered something about if entering through New York, the alien could get permission to work on the spot - do I remember correctly? We don't want him to start working right away, and will just enjoy some time together, but when a good opportunity arises he would like to be able to accept it.

Thanks in advance for the help

Tracy

Noorah101

It won't be a problem that he has never had a DL before. My fiance did not, either. But DMV usually requires the applicant to have a SSN, so you will probably have to wait until he gets that in order to go about getting he learner's permit.

It won't be a problem if you don't change your last name. Although I did change my last name later, I hadn't done so by the time of our interview, and it wasn't a problem.

At the JFK POE, they can stamp his passport with a 90 day temp EAD. A K1 is authorized to work from Day 1 even without that stamp, but has nothing to prove it. That stamp is proof of it. However, he may experience a gap between the expiration of that 90-day temp EAD, and the 1-year EAD which comes in the mail after filing I-765. He will also need to have applied for his SSN and have the letter from SSA to prove it, if he finds employment.

Best Wishes,
Rene

Thanks in advance for the help

Tracy[/QUOTE]

Tracym

Thanks for the info. We probably won't want him to work in the first 90 days anyway, but would be nice to have the option in case something terrific came up. Gap wouldn't be good tho, we'll have to keep that in mind.

Now, I'll just have to face the terror of teaching a new driver - who still thinks he should be on the left.... and reaching for a stickshift....shiver....

Tracy

lpdiver

For the driving info go to DMV.org and read up on your particular state. It was a living nightmare and I had to educate the local DMV on the driving laws. I am SURE it will be easier for you.

As for the actual learning, well it was a challenge teaching a 40 year old latina to drive. One popped tire on a storm drain, and one damaged automatic gate and lots of emergency brake clenching and we got through it.

At least you won't have to overcome a language barrier as we had to.

good luck,

tp

Tracym

I will have to look at the dmv again. I think whoever I got insisted he needed a green card, which I think is wrong, but I'll have to look again to be sure.

Afraid my experience might resemble yours (hopefully not including the storm drain).

And yes, we do speak the same language, sort of - some interesting differences between US and UK english we have discovered

scrubbedexpat099

1) To get a UK license is difficult, he will have the major advantage of a much lower standard required in the US. Most States will require him to have the EAD as well as a SSN. Each State does its own thing. But if he can get his UK license before he moves over that will at least allow him to drive in the US initially, which may be a big issue.

2) No really, his pre existing conditions are not likely to be covered by a individual plan. And of cousre it will be expensive. Medical Insurance is also a State specific issue. Shop around.

3) My wife did not, I get post addressed to Mr but with her surname....

Tracym

Thanks. It appears Illinois requires a SSN for a drivers license, but only says he must be authorized to work. So I would think either the EAD or the (oops forgot the name of the thingy) stamp you get at JFK should work. I think the problem might be persuading them of that. Well we'll see...

scrubbedexpat099

They will only issue a license for the period of the I-94 and JFK EAD Stamp. The balance of the 90 days. Then he would need to wait for the EAD.

Hence the benefits of a UK License.

Tracym

Ah, suppose that would be true. Geez, doesn't do much good to get 90 days permission to work, if it runs out before the EAD comes through - wouldn't think employers would like that anyway, in addition to the drivers license problem. Oh well, suppose I can be a chauffer for a while longer.

lpdiver

I fought the EAD issue in Louisiana and won. It wasn't easy. Basically I told them that she was going to be my housewife and didn't need it and that I didn't want to pay for it (EAD). Actually the law agreed; but getting them to read it and interpret it correctly was the challenge.

I had similar issues with putting her on my bank accounts. The homeland security act was frequently quoted as requiring a social security number to be on her bank account. It does not. The HSSA requires that the bank establish a Customer Identification System (CIS). In the regulations it clearly states that a foreign passport is sufficient. I won that battle when I grumbled about their being anti Hispanic.

Good Luck

t

scrubbedexpat099

EAD is useful as evidence of legal presence.

Without that you only have a receipt for your AOS, once the I-94 has run out. And that has no closure date.

Another way is to travel using AP and usually you get a I-94 good for a year when you return.

Certainly in my State you get your US DL issued to the expiry date of whatever you use to establish legal presence.

I opened an account without a SSN, as you said, not needed.

Tracym

Thanks for the info. Well, he's from Scotland, so I won't have any race cards to play. Should be some fun arguments, I can hardly wait. Actually, I just spoke to my bank for another reason, and asked out of curiosity, and after a little initial confusion, she said no problem. Hope it works that way once he's actually here.

scrubbedexpat099

Why not?

Sauce for the Goose is sauce for the Gander?

lpdiver

ahhh my wife was a K-3...Curiously they issued the liscence for four years.

t