DMV and K-1 validity

[I love Sunshine]

Sunshine has arrived in the USA on the K-1 visa, and SSN has arrived and our marriage has already taken place. Now we are only waiting for the certified copies from the courthouse before we begin our AOS application.

 

Problem is, our state does not allow the expiration date of her ID card or Driver's License to extend past the date stamped in her I-94, which is currently mid-March.

 

When can we expect some sort of paperwork from the USCIS that we can take to the DMV and show them to extend her driver's license's validity? Does some sort of paperwork come right after filing and give her an additional 6 months or a year? Or are we at the whim of USCIS, and Sunshine has to be a pedestrian for a while until they send us some sort of document saying she is here legally?

 

If so, how long will all this take?

 

I can't be the first one to run into this. I feel like I am missing something obvious.

 

Any advice?

Edited January 17, 2008 by I love Sunshine (see edit history)

[I love Sunshine]

Oh, maybe I should be living in Washington DC! It seems the DMV employees there sell licenses to people without the right documents...

 

http://www.wtop.com/?nid=25&sid=1327826

[Corbin]

Sunshine has arrived in the USA on the K-1 visa, and SSN has arrived and our marriage has already taken place. Now we are only waiting for the certified copies from the courthouse before we begin our AOS application.

 

Problem is, our state does not allow the expiration date of her ID card or Driver's License to extend past the date stamped in her I-94, which is currently mid-March.

 

When can we expect some sort of paperwork from the USCIS that we can take to the DMV and show them to extend her driver's license's validity? Does some sort of paperwork come right after filing and give her an additional 6 months or a year? Or are we at the whim of USCIS, and Sunshine has to be a pedestrian for a while until they send us some sort of document saying she is here legally?

 

If so, how long will all this take?

 

I can't be the first one to run into this. I feel like I am missing something obvious.

 

Any advice?

Congrats on the marriage..........

 

Don't know what too say about the DMV problem except that really is a bummer..........

[dnoblett]

DMV rules for residency evidence varies by state. A very few will accept just SSN, most want more such as EAD or Green-Card.

 

NYS wants EAD that is valid for 1 year or more or I-94 that is valid for 1 year or more, so getting State ID is not possible until having EAD card or Green-card for K-1 holders. K-3s have no problems, I-94 tends to be valid for up to 2 years for K-3's.

[Randy W]

California won't issue a license without the green card. Jiaying was able to get her Texas DL without even an EAD - we did have a state ID for her - but Wendy&David were not able to do this.

 

Yes, it does vary.

[PapaBear]

California won't issue a license without the green card.

 

Yes, it does vary.

 

Sorry Randy.....you're wrong about California. California DMV looks at the I-94 for issuance along with a valid EAD and SSN.

 

I know this because my wife got her California DL some four months before receiving her GC and we were worried because her DL expired the same date shown on the I-94.

 

But you're right....it does vary state to state.

 

PapaBear B)

Edited January 17, 2008 by PapaBear (see edit history)

[Randy W]

California won't issue a license without the green card.

 

Yes, it does vary.

 

Sorry Randy.....you're wrong about California. California DMV looks at the I-94 for issuance along with a valid EAD and SSN.

 

I know this because my wife got her California DL some four months before receiving her GC and we were worried because her DL expired the same date shown on the I-94.

 

But you're right....it does vary state to state.

 

PapaBear B)

 

 

Yeah - I thought maybe I'd gotten that wrong after I made the post - thanks for the correction. But - if the I-94 needs to be valid, then that would mean - wait for the green card for K-1's at least.

Edited January 17, 2008 by Randy W (see edit history)

[Shenzhen K-1]

Illinois residents need the following:

 

1. ssn# or there state ID will be only temporary!

 

2. Valid Passport with a clear signature in it.

 

3. $10.00.

 

4. Proof of being an Illinois resident, send her a letter to your home!

 

5. State ID in Illinois with a valid ssn# card is for five years!

 

6. One location still has written tests to take the test In Chinese, south side of Chicago, 99th and ML King hwy!

[pkfops]

We've been using the EAD as the "Lawful Presence" document here in Ca.

[pkfops]

Can Lulu take the Driver License test in CA if she only has a valid I-94, marriage certificate and SSN?

 

Best wishes,

 

Gino & Lulu

 

On our first try for an ID card, we were turned down because she had less that 60 days on the I-94.

 

We went back when we got the EAD.

 

I think she can test for a learner;s permit but the DL or ID will only be good for the duration of the Lawful Presence document.

[I love Sunshine]

According to the article below, only seven states ¨C Hawaii, Maine, Michigan, New Mexico, Oregon, Utah and Washington ¨C allow undocumented immigrants to get driver¡¯s licenses.

 

http://www.stateline.org/live/details/story?contentId=234828

 

I also believe Maryland is one that does as well or is considering it. Utah issues two documents -- one is for undocumented immigrants, another is for regular drivers.

 

After some investigation, I see Hawaii doesn't require citizenship nor Hawaii residency, and in some cases, will even waive an actual driving test at the examiner's discretion! That can't be good...

 

http://hawaii.gov/dot/highways/hwy-v/hidlrqmt.pdf

 

We are going to Hawaii for our honeymoon, so that is definitely a consideration. She can keep a driver's license there until she gets something from the USCIS saying she is legal, then trade in her Hawaii license for one in our home state. Our only goal is to allow her to continue driving legally.

Edited January 18, 2008 by I love Sunshine (see edit history)

[Corbin]

According to the article below, only seven states ¨C Hawaii, Maine, Michigan, New Mexico, Oregon, Utah and Washington ¨C allow undocumented immigrants to get driver¡¯s licenses.

 

http://www.stateline.org/live/details/story?contentId=234828

 

I also believe Maryland is one that does as well or is considering it. Utah issues two documents -- one is for undocumented immigrants, another is for regular drivers.

 

After some investigation, I see Hawaii doesn't require citizenship nor Hawaii residency, and in some cases, will even waive an actual driving test at the examiner's discretion! That can't be good...

 

http://hawaii.gov/dot/highways/hwy-v/hidlrqmt.pdf

 

We are going to Hawaii for our honeymoon, so that is definitely a consideration. She can keep a driver's license there until she gets something from the USCIS saying she is legal, then trade in her Hawaii license for one in our home state. Our only goal is to allow her to continue driving legally.

Well at least I won't have to worry about Michigan ...........

[Shenzhen K-1]

According to the article below, only seven states ¨C Hawaii, Maine, Michigan, New Mexico, Oregon, Utah and Washington ¨C allow undocumented immigrants to get driver¡¯s licenses.

 

http://www.stateline.org/live/details/story?contentId=234828

 

I also believe Maryland is one that does as well or is considering it. Utah issues two documents -- one is for undocumented immigrants, another is for regular drivers.

 

After some investigation, I see Hawaii doesn't require citizenship nor Hawaii residency, and in some cases, will even waive an actual driving test at the examiner's discretion! That can't be good...

 

http://hawaii.gov/dot/highways/hwy-v/hidlrqmt.pdf

 

We are going to Hawaii for our honeymoon, so that is definitely a consideration. She can keep a driver's license there until she gets something from the USCIS saying she is legal, then trade in her Hawaii license for one in our home state. Our only goal is to allow her to continue driving legally.

Well at least I won't have to worry about Michigan ...........

 

Better hurry ILS, most of those states are looking into new laws close to 1804 in Oklahoma??

[pha]

Calling all Illinois people of experience and wisdom:

 

Is it possible to get the state ID and driver's license at the same time?

 

Why do you need a state ID if you have a driver's license?

 

So, the earliest you can get it is after getting the SSN#, right?