hungryhorace

Exactly. I think he's going to find out the reality of his situation soon, despite his attempting to lecture me last night on things like there being no green card exit tax, that he could drive for a year, that he is a visitor because he came over on the VWP.

I just think this should further serve as evidence why people considering adjusting their status from the VWP (unless there are mitigating circumstances, as clearly there can be) should do things the correct way in the first place.

If this idiot had gotten a CR-1 visa before he decided to move here, he would have none of these issues. I feel not a bit of sympathy for him.

Steve_

You are specifically allowed to do AOS if you get married to a US citizen, it's mentioned on the I-94W, but that assumes you didn't misrepresent your intent, which is hard to do on the VWP. If you came over, stayed 30 days then happened to marry someone you just met and applied for AOS, fair enough. But it's rarely that black and white.

hungryhorace

He has been married to his wife for 20+ years. He is a previous LPR. He gave up his status because he didn't want the tax commitment associated with it (so he says).

Noorah101

Traffic fines (unless it's so bad it's classed as Criminal), most likely won't cause a denial of his AOS.

Rene

hungryhorace

He has a court appearance, that's all I know.

Steve_

He sounds like a dick, why not just get his wife to file an I-130 for him? Very odd. (And how did he not have an SSN then?)

hungryhorace

He's your typical upper middle class Englishman who thinks the laws don't apply to him is my guess. That, and he clearly has absolutely no clue (or want to learn about it) about the correct immigration procedure.

md95065

... and of course, each state typically has multiple definitions for different things such as requiring a state driver's license, paying taxes, and receiving benefits ...

Typically the definition of "resident" is very broad in areas where you are required to submit to the state's jurisdiction or give them money, and quite narrow in areas where they are going to have to give you benefits (such as lower tuition fees at state colleges and universities).

Bob

As you've been told, different folks, different definitions.

As far as this is concerned, taking up residence in the state would be getting a lease that's more than month by month, significant presence as far as taxes, taking up a job etc, etc.

Only way out of it and as far as needing to get a license would be coming here as a student, but leaving the state within 12 months and returning to where you came from before coming back.

Bob

But what might be a crime in another state and all that, makes it complicated.

Not carrying your drivers license on you in MA is a straight arrestable offence. Most states give you a day or so and a fine.

Rete

Not true. You can file for adustment of status at anytime on the K-1 as long as you have married the person who sponsored you for the fiancee visa.

The wedding doesn't matter. Besides he was married to her already and living in the UK when they can over together under the VWP and set up their US household.

He is a resident of the US usually when he has a permanent address (even if that permanent address is with his in-laws) where mail is sent and received.

He needed to check the Department of Motor Vehicles website to determine how long he could drive on a foreign license. He does not require a Social Security Number to get a license. He will need proof of his legal right as determined by documentation from the USCIS. This can be his employment authorization card or his green card.

Rete

Then counter that argument with the fact that he is now an illegal alien as the VWP expired after 90 days from entry.

hungryhorace

I don't believe he had any documentation from USCIS or an EAD at the time he was involved in the RTC as his green card package was (according to him) only recently filed. He complained that he wasn't able to get get an MA temp permit as he had no ability to get a SSN until recently. That's his fault of course. He chose to come here with the wrong entrance documents.

It was only AFTER the RTC that he says he was able to obtain a MA temp permit due to now possessing a SSN. I would disagree that you don't need an SSN to obtain an MA drivers licence. I believe strongly that you do. http://www.massrmv.com/rmv/forms/21286ssn.pdf

hungryhorace

He's been here since September. He's been driving all that time on his UK licence despite - in all probability - spending his nights in MA. He lives down the corner from me and I see him most days.

I am not aware if he submitted his AOS papers before 90 days. I've just realised - his argument about not having an SSN is a lie. He was a former green card holder. He has a SSN number from when he was previously resident here. He just probably doesn't have it anymore.

Rete

Usually it is over written by a letter from the ssa that you are not eligible for one. But you still need sometime either in your passport or from USCIS that states you are being allowed to reside in the US.

If he were here before than he already had a social security card.