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  • #2
    Actually, the law I think is that once living in a state for 30 days, you should get a driver's license of that state, although there are many who do not. You need to look up the Department of Motor Vehicles in LA, and I'm sure they have a web presence and it will give instructions on how to get one. Once you do receive a DR Lic, they usually take the other one from you, unless you reside in both locations. Isn't that right, everyone?

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    • #3
      You CANNOT keep two driver licenses at the same time in the United States. DMV will find out in the system anyway about whether or not you are holding any driving license from any state in United States. You have to give it up one before obtaining another. If you are going to live in LA [CA] on permanent basis, then I don't see the point of holding the driving license from WI. You should stop-by to any local DMV office and fill out the form to have CA driver license. They will ask you to retain your driving license from WI and will issue you CA license without any road test. Your driving license from WI would be sent back to State that issued that license to you for cancellation, and in your case that would be WI. However, you are allowed to have as many as Non-Driving State ID regardless of with or without any driving license. Except driving, Non-Driving State ID has the same privilege as a Driving license does.

      Your ADJUSTING STATUS won't be a problem in obtaining driving license from CA, because you are allowed to work in United States legally so long you have valid EAD, and every states in United States will honor your valid EAD as your right to remain here until your case is adjudicated, even though EAD is not a proof of any legal status.

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      • #4
        Hi bubbles...did you get my info?

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        • #5
          Living separately due to professional career or schooling should not be a problem in so far as AOS is concerend, as long as you remember to file the approriate change of address forms, and indicate that it is not your permanent residence - those a life circumstances, and sometimes cannot be avoided.

          Technically, if you plan to stay in CA and have been living there for some time and they pull you over, they can give you a citation for not applying for a DL there...I believe it is a law, although not often enforced.

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          • #6
            There are many people that have residences in two locations- New Jersey and Florida, for example. Or for example they are domiciled in one state, but go to school in another. Generally your license must be issued in the state you live more than half the year. However, it is possible to show that you have strong ties to another location, tat you intend to return there, and that you are only temporarily residing in another state, although it may be for most of the year. But to be sure, you will need to explain yourself if an officer stops you- *especially* if you are working in the state you are in.

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            • #7
              Does your wife maintain a residence in Wi, if so that should be enough, given that you are married.

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              • #8
                I have a question about living apart at this time and it's only for my education purposes not a criticism. Will it be a problem to show a "legitimate" relationship when the AOS interview takes place. I know they ask a lot of personal questions about living together and I also know they are looking for "fraud" so I would personally be a little concerned how living apart during this period would affect my adjustment. Are there any other thoughts out there. I'm pretty new to the whole immigration process and need to continue to educate myself. Thanks

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                • #9
                  Maxinu76:

                  You can choose to be a resident of WI for whatever reason, i.e. your wife doesn't want to leave WI or anything else, but you cannot choose/say that you want to be a resident of WI for the sole purpose of AOS interview as what you said in your post earlier. Let me quote that: "we wanna be residents of WI for AOS interview". If BCIS would ever find out that you are not living in WI on permanent basis, then they will not adjudicate your AOS because of lack of their jurisdiction on your case. However, I do know that you are not going to tell them that you are living somewhere else permanently or not maintaining permanent residency in WI. But, BCIS most definitely would ask you about your current address at the time of interview. They would surely ask you whether or not you are residing at the same address that mentioned on your application. You can say- YES, and don't need to tell anything about your temporarily living in LA [CA] for job purpose, unless officer asks you specifically. I doubt it that officer would ever ask about it. They don't have enough time to spend on a single case, unless something looks strange in the case from beginning or if officer would find something strange in the demeanors of the parties involved. But you might want to take Swissnut's opinion on reporting your address to BCIS even if it would be your temp. address in LA[CA].

                  I also don't want to speculate the motive of your marriage either at this time, but I hope you would understand where my confusion is coming from. Because, you made a very strange statement. Let me quote that:" or you rather suggest to stay together for husband and wife until AOS interview". I assume this is some kind of mistake because of poor judgment in picking up wrong wordings to express your thoughts on this subject. I think I can believe that you guys want to remain as a husband-wife together for forever regardless of until AOS or not, right?

                  BCIS won't ask you where you are working, or are you working or not. Because, working or having a job is not a requirement for immigrant visa based upon family petition. But, they may ask about your wife's job, like where she is working in order to verify the information on I-864, unless you guys have co-sponsor on I-864. The only thing you need to do here is- to arrange as many as documentary evidences jointly with your wife on WI address, especially tax returns and pictures. But if you will be given a conditional residency, then officer won't even pay that much attention to your documentary evidences, because s/he will know that you will need to prove your relationship one more time at the time of removing the condition. That's why, most of time officers won't pay that much attention to a case if somebody is going to have conditional green card.

                  Usually BCIS never asks the beneficiary to show ties to the place where you live, unless they have strong doubt about your residency or if somebody has reported to them that you are living in some other place. If this is the case, then you need to show them either your Driver license or State Issued Non-Driving ID, tax returns, billing statements, letters from family and friends to your address in your name, or other statements to show your address where you live. Otherwise, almost in all situations, they would just get your answer for YES on the question- whether you are still living at the same address that mentioned on the application, wherein you do need to answer- YES if you don't want them to reroute your application to another jurisdiction.

                  You may keep your driving license from WI, and get only CA State ID. And, you can also drive in CA with your WI DL. If ever police in CA stops you, then you don't need to say to them that you are living more than 30 days in CA, nor they will ask you about how long you are living in CA. You will be ok, because you can drive with your WI DL anywhere in U.S. and Canada. Mostly states require you to get their DL if you are going to stay there more than 30 days, unless those 30 or more days are just temporary in nature like vacation or attending some meetings or something else. So, my point is that you don't need to disclose to Police in CA that you are living in CA more than 30 days, otherwise they may just issue you a ticket, that's all. And one more thing, if you would ever get stopped by Police in CA, then you don't need to show them about your CA ID no matter what, nor they will ever be interested to see your CA ID, instead you will need to show them your WI DL, and that is the only thing they will ever be interested, because they would like to make sure that you have license to drive, regardless of where the license is issued in United States or Canada.

                  For your better understanding, I am going to cut and paste one of my posts that I posted few months ago on a similar situation, and hope it will help you to understand all about this issue-

                  It would be ok even if you guys would be living apart from each other for job and schooling reasons, and it won't be a problem in your AOS. To live or reside together is not a REQUIREMENT in order to determine or to prove the validity of a relationship, nor the decision of approval or denial of I-130 [or I-485] would entirely depend upon whether couples reside together or not. As you may aware of the fact that at the time of making decision on I-130 at abroad, the Consular officer never inquires or asks whether couple are residing together or not, nor s/he asks to present any credible documentary evidences wherein both parties' names should be appeared jointly in order to determine the legitimacy of the relationship.

                  However, when a couples are residing within USA, then BCIS most definitely wants to know why they are living apart if they are married, and if someone doesn't come up with reasonable reason then they presume something suspicious or fishy. Then the burden to prove the contrary to their presumption is always on the applicants, wherein applicants will need to prove their claims with 'clear and convincing evidences', otherwise BCIS would deny their case. The reason you have given for living apart in your case is very-very-very common, solid and reasonable reason to convince BCIS about yr situation. I am pretty much sure [99.99%] that yr living situation would not be a problem in order to have your I-130/ AOS approved since I have seen many cases wherein couples never lived together even for one day because of either their job or schooling reasons, and which made them to live apart in another State, but their case got approved because they were able to convince BCIS about the legitimacy of their relationship in conjunction with some other evidences.

                  You may need to show them the copies of telephone bills so that it can be proved that you are in touch with yr spouse despite of living apart. You may also need to show any other evidence of a vacation that you may have taken together when you were off from yr work or if your wife got off from her school to spend some time with you, like airline tickets, hotel receipts [where both of your names should be there], photos of attending any ceremonies together, because even if couples live apart, they do get together at certain occasions. It is not necessary that you are the only one, who will need to travel or calling to your wife to show time spending together with your USC-wife, instead it goes vice-versa. If she would have visited you or called you then it is also an evidence to prove the legitimacy of your relationship. Basically, you need to show anything jointly wherein it can be proved that your marriage is a legitimate marriage, and not a sham marriage which means- a marriage for green card purpose only. BCIS needs to see documentary evidences in order to find you credible rather than your words alone; otherwise they would deny the case.

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                  • #10
                    If you get stopped by the police in CA he may ask how long you have been in CA. I say this because most people on vacation don't drive their car all the way from Wisconsin. If I were you I would avoid answering the question directly (ie- don't say "about 2 years") but rather answer immediately with reasons why your stay is temporary: My wife and home are in Wisconsisn, I am just here to work on this project. My father drove in CA for 7 years without changing his NJ plates and only got put to task when a police officer was familiar with the NJ inspection sticker and pointed out that it was 6 years overdue for inspection. I agree that it would not be a big deal. If he does give you a ticket for failure to update your license then you could bring stuff to court- but its a minor charge.

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