RFE From CA DMV?

[pkfops]

Got a notice from the DMV in reference to my

wife's ID application today.

 

It said they were unable to complete her application

because DHS - Bureau of Immigrations and Customs

Enforcement is unable to validate the documentation presented.

 

We used her EAD to prove lawful presence.

 

Question:

 

Is it because the EAD used will expire on 02/28/07 or

because our final security check is still pending?

 

I will call on Friday to see what they need.

 

I'm thinking I may need to provide the complete documentation

(797C) of the whole process from I129F through the AOS interview.

 

Or we just may be screwed until the security check is complete.

 

Any thoughts?

[lostinblue]

Here in NY state they require this

The I-688B or I-766 must have been issued by the INS for a period of at least one year and must be valid for at least six more months when presented to the DMV.

you can look on the website for your state. Maybe it is the same as ny

[jim_julian]

Pete ... I'm 99% sure it's because of the expiration.

 

Those DMV people, it's almost easier if you are illegal ... aiiiiyaaahhh ... don't get me started!

[tywy_99]

Like you said, Pete, try using the I-797C for proof of legal presence along with the EAD card.

Most states accept it. It is listed as secondary documentation, nevertheless, it should suffice. I used it for my wife to get her DL. I had to be stern with the DMV people because they didn't have a clue on what to do. The lady called the capital, Richmond, for guidance.

You may need to stand firm with DMV also. See what your DMV website says and print any information that could be used to your advantage.

 

-good luck

[NY-Viking]

We had a similar issue in MN - I think my wife used her EAD to get her permit, but then after we moved to NY we got a few notices from MN's DMV (well, the equivalent of a DMV) stating that her residency documents were about to expire and we needed to show proof or they would cancel her permit. We didn't care, since we moved out of state, but they finally sent us a letter stating my wife was prohibited from ever driving in MN again unless we showed proof of residency. I called them up and faxed a copy of her greencard and NY permit, and they said everything was ok.

 

So, in short, I agree that it probably has to do with the expiration date.

[tywy_99]

Like you said, Pete, try using the I-797C for proof of legal presence along with the EAD card.

Most states accept it. It is listed as secondary documentation, nevertheless, it should suffice. I used it for my wife to get her DL. I had to be stern with the DMV people because they didn't have a clue on what to do. The lady called the capital, Richmond, for guidance.

You may need to stand firm with DMV also. See what your DMV website says and print any information that could be used to your advantage.

 

-good luck

I looked it up myself under Calif. DMV and as usual, I used the keyword "legal Presence" in their search field to take me where I want to go.

The I-797 (or I-797C) USCIS acceptance notice for AOS is an acceptable document for proof of legal presence. It's listed in all the other DMV's I've ever looked at across the country. Don't let the DMV people tell you different.

 

Four things are needed:

 

1) proof of identity

2) proof of legal presence

3) proof of residence

4) Social Security number

 

Armed with these 4 things, you cannot be denied.

 

Birth Date and Legal Presence and True Full Name Requirements