They won't give her a State ID

[TaijiMonkey]

So we went to the Kansas DMV last week, and they told us that she had all the needed info except for the filled out Marriage License. The told us to come back with the Marriage License.

 

So we got it, and went back this week.

 

Now they are refusing to give her a State ID because her I-94 says her date of exit is March 19th, and they can't issue a State ID for less than 60 days.

 

As they explain it, she won't be able to get a State ID until AFTER the AOS is approved!

 

Is that the right? What are my options here?

[dnoblett]

Half right, most states will issue an ID or DL based on an EAD card, the EAD card shows legal presence of a year.

 

Kansas will accept EAD

 

B ) Documentation for those not born in the US or those that are not American Citizens:

 

1. Valid foreign passport with I-94 or valid "Processed for I-551" stamp with a mandated departure date greater than 60 days in the future - No Border Crossing Cards

2. I-94 with refugee status (passport not required)

3. Valid I-551 Resident Alien/Permanent resident card

4. Valid photo Employment Authorization (issued by U.S. Dept. of Justice)

http://www.ksrevenue.org/dmvproof.htm

[TaijiMonkey]

Half right, most states will issue an ID or DL based on an EAD card, the EAD card shows legal presence of a year.

 

Kansas will accept EAD

 

B ) Documentation for those not born in the US or those that are not American Citizens:

 

1. Valid foreign passport with I-94 or valid "Processed for I-551" stamp with a mandated departure date greater than 60 days in the future - No Border Crossing Cards

2. I-94 with refugee status (passport not required)

3. Valid I-551 Resident Alien/Permanent resident card

4. Valid photo Employment Authorization (issued by U.S. Dept. of Justice)

http://www.ksrevenue.org/dmvproof.htm

 

We have not applied for EAD yet.

 

We were waiting to apply for EAD with AOS to save money (the EAD application is still free if done with AOS, yes?)

 

If we file for EAD with AOS, how soon will the EAD take to get, and how long will it be for?

 

(The main issue at the DMV is their computers won't allow an ID to be issued if it expires within 60 days, and her I-94 expires on MArch 19th..)

[dnoblett]

We have not applied for EAD yet.

 

We were waiting to apply for EAD with AOS to save money (the EAD application is still free if done with AOS, yes?)

 

If we file for EAD with AOS, how soon will the EAD take to get, and how long will it be for?

 

(The main issue at the DMV is their computers won't allow an ID to be issued if it expires within 60 days, and her I-94 expires on MArch 19th..)

EAD can take up to 90 days to get.

 

NOTE: DO NOT apply for EAD before AOS based on K-1 visa, this will get rejected by USCIS because they will not be able to approve it within the 90 days of the I-94. EAD based on K-1 expires 90 days after entry to the USA on the K-1, a tremendous waste of $340.

 

Yes EAD based on an pending I-485 is part of the $1010 fee paid for AOS, you will use code (c )(9 ) on the I-765 for EAD.

[Randy W]

If you apply for EAD without also applying for AOS, it expires anyway at the 90 Day mark along with the visa

 

So apply with AOS. It'll take about 60-90 days.

[TaijiMonkey]

We have not applied for EAD yet.

 

We were waiting to apply for EAD with AOS to save money (the EAD application is still free if done with AOS, yes?)

 

If we file for EAD with AOS, how soon will the EAD take to get, and how long will it be for?

 

(The main issue at the DMV is their computers won't allow an ID to be issued if it expires within 60 days, and her I-94 expires on MArch 19th..)

EAD can take up to 90 days to get.

 

NOTE: DO NOT apply for EAD before AOS based on K-1 visa, this will get rejected by USCIS because they will not be able to approve it within the 90 days of the I-94. EAD based on K-1 expires 90 days after entry to the USA on the K-1, a tremendous waste of $340.

 

Yes EAD based on an pending I-485 is part of the $1010 fee paid for AOS, you will use code (c )(9 ) on the I-765 for EAD.

 

 

Okay, thanks.

 

But, if I am understanding you correctly, I'm screwed.

 

Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right?

 

Or am I missing something here?

[dnoblett]

Okay, thanks.

 

But, if I am understanding you correctly, I'm screwed.

 

Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right?

 

Or am I missing something here?

From my first post "4. Valid photo Employment Authorization" This is EAD, all you need is on item from the list NOT all.

[Guest Rob & Jin]

well I dont know about Kanses but in CO all they need now (for a k-1) is noa-1 from AOS, but the ID expires after 6 months from noa1 receipt date.

 

if you had got one earlier it would have expired when I-94 did.

 

good luck

[Randy W]

We have not applied for EAD yet.

 

We were waiting to apply for EAD with AOS to save money (the EAD application is still free if done with AOS, yes?)

 

If we file for EAD with AOS, how soon will the EAD take to get, and how long will it be for?

 

(The main issue at the DMV is their computers won't allow an ID to be issued if it expires within 60 days, and her I-94 expires on MArch 19th..)

EAD can take up to 90 days to get.

 

NOTE: DO NOT apply for EAD before AOS based on K-1 visa, this will get rejected by USCIS because they will not be able to approve it within the 90 days of the I-94. EAD based on K-1 expires 90 days after entry to the USA on the K-1, a tremendous waste of $340.

 

Yes EAD based on an pending I-485 is part of the $1010 fee paid for AOS, you will use code (c )(9 ) on the I-765 for EAD.

 

 

Okay, thanks.

 

But, if I am understanding you correctly, I'm screwed.

 

Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right?

 

Or am I missing something here?

 

 

If they restrict her date like that, they will set it to the expiration date of her EAD. Jiaying's driver's license was good to 2012, even without an EAD - it depends on the state - I don't think Texas is doing that anymore.

[usaRichard]

 

Okay, thanks.

 

But, if I am understanding you correctly, I'm screwed.

 

Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right?

 

Or am I missing something here?

Damn I'm glad we went CR-1

[TaijiMonkey]

 

From my first post "4. Valid photo Employment Authorization" This is EAD, all you need is on item from the list NOT all.

 

Okay. I get that. I guess I don't get how the EAD works.

 

How long does it take to get the EAD (if it is approved)?

And does it come back before the AOS?

 

And if so, how long until the EAD expires?

 

(I was just assuming that the EAD would be good for the same time as the I-94 - which would still be less than 60 days...)

 

Sorry I am so confused.... but thanks for helping.

[dnoblett]

 

From my first post "4. Valid photo Employment Authorization" This is EAD, all you need is on item from the list NOT all.

 

Okay. I get that. I guess I don't get how the EAD works.

 

How long does it take to get the EAD (if it is approved)?

And does it come back before the AOS?

 

And if so, how long until the EAD expires?

 

(I was just assuming that the EAD would be good for the same time as the I-94 - which would still be less than 60 days...)

 

Sorry I am so confused.... but thanks for helping.

Typically EAD is approved within 90 days, AOS can take 4 months or LONGER to process.

 

EAD based on pending I-485 is valid for 1 year.

 

There are 2 types of EAD a K-1 could apply for.

• (a )(6 ) Based on K-1 visa, this is applied for BEFORE filing for AOS, this EAD costs $340 and is valid until I-94 expires, it is NOT renewable.
  
• (c )(9 ) Based on a pending I-485 this is applied for with or after filing I-485, this EAD is valid for 1 year, and it's fee is part of the $1010 paid for AOS.
  

[dnoblett]

 

Okay, thanks.

 

But, if I am understanding you correctly, I'm screwed.

 

Based upon Kansas Requirements, I won't be able to get her a State ID until after AOS - because even with EAD, she still has no new "Date of Exit" until the approval of AOS... Right?

 

Or am I missing something here?

Damn I'm glad we went CR-1

Yep, simple, CR-1 gets 2 year green-card the moment they enter the USA, simply wait 2 weeks or so and apply for a SSN, and then visit DMV with SSN and Green-card or passport with I-551 stamp, and presto! You get a state ID!

[E & S]

When i went to the DMV here in Wisconsin.. First we went to the one in a smaller town and they told me I needed green card. Later we went to Madison's DMV, the officer said the same thing about the 60-day thing on my I-94.. however.. he tried to search on his computer and pulled up something saying if I would go back with the I-797 for I485, then I can apply for both state ID and driver license.

[dnoblett]

When i went to the DMV here in Wisconsin.. First we went to the one in a smaller town and they told me I needed green card. Later we went to Madison's DMV, the officer said the same thing about the 60-day thing on my I-94.. however.. he tried to search on his computer and pulled up something saying if I would go back with the I-797 for I485, then I can apply for both state ID and driver license.

Again, this varies greatly by state. Driving privleges are granted at the state level so the immigrations status standards vary by state.

 

Kansas is different than Washington.