Need US ID - What do we do?

[rthomas917]

When my fiance now wife first came to the US we applied for and received her SSN. However, we missed the window of time to apply for her California DMV issued ID card. According to the CA DMV we needed more time on her I94 form. My question is what to do now that we have filed our AOS but the DMV is stating that she can't get an ID until she gets her green card. How do I add my wife to my bank account etc. in order to prove our marriage for our upcoming interview if she can't get a government issued ID? This seems like a real catch 22!!!

[tywy_99]

When my fiance now wife first came to the US we applied for and received her SSN.?However, we missed the window of time to apply for her California DMV issued ID card.?According to the CA DMV we needed more time on her I94 form.?My question is what to do now that we have filed our AOS but the DMV is stating that she can't get an ID until she gets her green card.?How do I add my wife to my bank account etc. in order to prove our marriage for our upcoming interview if she can't get a government issued ID??This seems like a real catch 22!!!

203797[/snapback]

Look at CA DMV website under "legal presence." There should be a list of documents DMV will accept and they should be listed as "Primary" and "Secondary" documents. This may not be the exact wording but you get the picture.

When you find this listing you should see that the I-797( C ) for the I-485 is an acceptable document for a Calif. ID or learner's permit.

 

What I remember is that you need 1) proof of lawful presence [that will be the I-797( C )], 2) proof of residence [such as her name on anything that shows her CA address], and 3) SS card.

Also, an EAD card will work until the card expires.

I hope I explained it to you. All this is from memory. That was the case with my wife and also a few others up against the same thing at the time, speaking of which, my wife's EAD was about to expire when I researhed this info on the VA DMV website. We went down to the DMV office armed with the I-797( C )receipt notice for I-485 and handed it right to the lady. She took 20 minutes in this, that is, talking to her supervisor, calling Richmond, etc. She finally came back to the counter and said she will issue a driver's license for 1 year from that day.

 

-good luck

Edited April 2, 2006 by tywy_99 (see edit history)

[Dan R]

There is nothing you can do for an I.D. in California until you have either the EAD or the PR. Our wives are in a twilight zone staus that the California law to prevent illegals from getting an I.D. did not take into consideration.

 

Keep a copy of her AOS receipt notice and your marriage license with her because technically in California our wives are regarded as visa overstays. We have heard some horror stories about getting through the check point at San Clemente. San Diego will have to wait until the PR.

 

This is an example of poorly thought out legislation. Do they care at DMV? Not at all. Having talked my way up the ladder of supervisors all I got was "sorry, there is nothing we can do for you. You will just have to wait for approval."

 

My wife actually had a CA I.D. card issued before the visa expired. The I.D. expired with the visa. We were trying for renewal not a new I.D. Even showed them every bit of paper work we have only to be told that only an approval is acceptable.

 

Good luck, I hope your wait is a short one.

[warpedbored]

If she has an SSN you should be able to put her on your bank account as long as she has some form of legal ID. I would assume her passport would qualify.

[pkfops]

I'm in the same situation but managed to get her on

my bank account with the following:

 

Passport

SSN recipt and SSN printout

AOS noa

Marriage Certificate

Telephone & PG&E bills.(her name is on them)

[yuehan123]

In Florida, we were required to show two ID's at the DMV and at the bank. The translated and certified copy of her Chinese ID that we used for GUZ was not acceptable. However, her passport and Notice of Action on AOS were enough for the DMV.

[tywy_99]

There is nothing you can do for an I.D. in California until you have either the EAD or the PR. Our wives are in a twilight zone staus that the California law to prevent illegals from getting an I.D. did not take into consideration.

 

Keep a copy of her AOS receipt notice and your marriage license with her because technically in California our wives are regarded as visa overstays. We have heard some horror stories about getting through the check point at San Clemente. San Diego will have to wait until the PR.

 

This is an example of poorly thought out legislation. Do they care at DMV? Not at all. Having talked my way up the ladder of supervisors all I got was "sorry, there is nothing we can do for you. You will just have to wait for approval."

 

My wife actually had a CA I.D. card issued before the visa expired. The I.D. expired with the visa. We were trying for renewal not a new I.D. Even showed them every bit of paper work we have only to be told that only an approval is acceptable.

 

Good luck, I hope your wait is a short one.

203978[/snapback]

Here's what I was able to ascertain from the CA DMV website. From the homepage type LEGAL PRESENCE in the search field.

 

Acceptable documents for obtaining a driver's license or ID card. From the CA DMV web:

==============================

Present an acceptable birth date/legal presence document.

Provide your true full name.

Provide your Social Security Number.

 

 

True full name verification documents are:

 

Adoption documents ¡ª containing your legal name as a result of the adoption.

Name change documents ¡ª containing your legal name both before and after the name change.

Marriage Certificate.

Dissolution of marriage document ¡ª containing your legal name as a result of the court action.

=======================

"Legal presence document" is the key! And the "legal presence document" it the I-797C receipt notice for the I-485.

No matter how much the DMV reps know, (or how little), the I-797C cannot be refuted! This is your ticket to a driver's license or an ID card. I went through it; others went through it too. The outcome was that the I-797C worked. Between K visas and GC, this is the only proof an alien has of legal presence in this country unless they have an EAD card.

I would stand my ground on this issue with any DMV office in any state of this union because it is written and posted on their website. Again, the key word is "LEGAL PRESENCE." So far, I have looked at VA, FL, PA, MA, and now CA DMV's website and they all say the same thing.

A person needs to be insistent about this to an unknowing DMV rep. Afterall, it's their state's LAW!

[esun41]

If she has an SSN you should be able to put her on your bank account as long as she has some form of legal ID.  I would assume her passport would qualify.

203987[/snapback]

This is true and is what Lucy and I have done. It was questionable at first but the bank required 2 forms of ID. Her passport and K-1 visa served as 2 even though they were both in her passport pages.

 

Now she has the Bank of America photo debit card as another form of ID.

 

I also had her added to my lease and other bills such as Gas company and cable bill.

 

Legal presense? Still waiting on the DMV to send her ID card. We went 3 weeks ago and DMV said still processing DHS approval. I think they (DHS) are too concerned about Air Marshalls smuggling drugs and forget about us!

[notrevorich]

There is nothing you can do for an I.D. in California until you have either the EAD or the PR. Our wives are in a twilight zone staus that the California law to prevent illegals from getting an I.D. did not take into consideration.

 

Keep a copy of her AOS receipt notice and your marriage license with her because technically in California our wives are regarded as visa overstays. We have heard some horror stories about getting through the check point at San Clemente. San Diego will have to wait until the PR.

 

This is an example of poorly thought out legislation. Do they care at DMV? Not at all. Having talked my way up the ladder of supervisors all I got was "sorry, there is nothing we can do for you. You will just have to wait for approval."

 

My wife actually had a CA I.D. card issued before the visa expired. The I.D. expired with the visa. We were trying for renewal not a new I.D. Even showed them every bit of paper work we have only to be told that only an approval is acceptable.

 

Good luck, I hope your wait is a short one.

203978[/snapback]

We are in the Same shape here in Georgia and Florida,

We can not get a learners permit to drive a car Because The AOS has not been Processed .

Reading The processing Times for Altanta Ga -they are working on applications filed in June of 2006.

They should be refunding at least the interest on our fees .

We can not have them drive or work or even go to College - they are considered "out of State " for tuition purposes .-ouch

So I got a very bright 18 yearold who is NOW on Hold for perhaps a year

Yet i have seen ilegals with drivers licenses ,working and even going to College

What a Rip off!

[notrevorich]

When my fiance now wife first came to the US we applied for and received her SSN.  However, we missed the window of time to apply for her California DMV issued ID card.  According to the CA DMV we needed more time on her I94 form.  My question is what to do now that we have filed our AOS but the DMV is stating that she can't get an ID until she gets her green card.  How do I add my wife to my bank account etc. in order to prove our marriage for our upcoming interview if she can't get a government issued ID?  This seems like a real catch 22!!!

203797[/snapback]

I just went to the Georgia site and they are about as clear as MUD on whether they will accept the receipt that we have filed the AOS

the I 797c should be valid proof of Legal presence

We will go to another DMV office and take the DMVs own website information-defining legal presence .

This is just like Social security ,the counter people don't know the regulations

[frank1538]

I just went to the Georgia site and they are about as clear as MUD on whether they will accept the receipt that we have filed the AOS 

the I 797c should be valid proof of Legal presence

We will go to another DMV office and take the DMVs own website information-defining legal presence .

This is just like Social security ,the counter people don't know the regulations 

204279[/snapback]

I agree that the clerks just don't know. Take a look at my experience with getting the learner's permits for the kids: http://candleforlove.com/forums/index.php?...indpost&p=75588

 

I guess sometimes it's just the luck of the draw.

[tywy_99]

Georgia says: i. Foreign passport with appropriate immigration documents; which can be argued or construed to mean or include the I-797C, yes?

 

 

My concerns at the time was that most of these DMV websites, including VA, only mentioned the "I-797". The receipt notice is an I-797C. The difference never came up at the DMV. As I've said, the lady took 20 minutes or more talking to her supv. and calling Richmond before coming back and saying she will issue a DL good for 1 year from that day. Now, my question is, what criteria stipulated 1 year? I didn't ask!

 

All I can say is do your homework first. Have proof of residency and SS card. Go armed with the data found on your DMV's website, printed in "vivid colour" for effect!

And give it your best shot!

 

I think Frank is right. It's the luck of the draw.

 

-good luck