Driver's license problem

[mtpman 0]

My wife and I went to get her driver's license. I was armed with a briefcase full of documents, ready for anything, as usual. First of all, the examiner looked at her passport and the application form and said "How do I know that this is her real name? The passport is in Russian and I cannot read Russian. How did the folks at the marriage license office get this name for the marriage license?" He asked if she had a SS card, she does with her name same as passport, except in English of course. It looked like we were going to get past this, when he took her passport to another office. I could see through the window he was having a conference with his supervisor. They both come back and the supervisor tells us that they cannot use her passport as identification because it is null and void due to her I-94 is expired. She said that the I-94 and the passport together are a document and without a valid I-94 it is no good. Without me saying so, she said that she assumes that we have applied for AOS, and that my wife must now wait until she receives her card to apply for a license.

We are in Montana, has anyone had a similar experience?

[motu 6]

Colorado also won't issue a driver's license or state ID without an EAD or Green card (if the I94 has expired or is close to expiring.) They are very ####### about it - I talked to some of the people in charge but they can't see it beyond what their rules are! However, some others (in different states) have had luck by just providing their NOA (Colorado didn't accept that.) Good Luck

[kc456 0]

That sounds right - DMV often would not issue a DL if I-94 is expired or within 2 weeks of expiration. But I'm surprised about the passport -- if it was your wife's foreign passport, the name is written both in Russian and English.

[mtpman 0]

She has a Russian passport and you are right. Her first and last names are in English, but her patronymic is in Russian and not translated. We have been using her patronymic as middle name on several things including SSN, marriage certificate. I am beginning to think that this was a mistake.

Because she has the patronymic on our marriage certificate, this was the problem.

[kc456 0]

She has a Russian passport and you are right. Her first and last names are in English, but her patronymic is in Russian and not translated. We have been using her patronymic as middle name on several things including SSN, marriage certificate. I am beginning to think that this was a mistake.

Because she has the patronymic on our marriage certificate, this was the problem.

Yes, I dropped the patronymic altogether -- more hassle than it's worth.

[chili74 0]

Hi everyone- interesting discussion about the patronymic b/c just as in you cases, it is not on my husband's passport main page but it IS given in English on the visa. WHY? Anyway, on the marriage cert we have no patronymic but on some other things we do. So far it has not been a problem but maybe it will be later...

Good luck!

[meauxna 15]

I don't understand. Montana says that an EAD is sufficient evidence:

http://www.doj.state.mt.us/driving/proofidentity.asp

under Primary evidence:

"employment authorization card, form I-688A, I-688B or I-766,"

[kc456 0]

I don't understand. Montana says that an EAD is sufficient evidence:

http://www.doj.state.mt.us/driving/proofidentity.asp

under Primary evidence:

"employment authorization card, form I-688A, I-688B or I-766,"

It did not sound like the OP's wife had EAD yet.

[butuan 0]

if possible try another office

[meauxna 15]

It did not sound like the OP's wife had EAD yet.

Why, I totally invented her EAD. yikes.

One window at a time. Sorry dudes.

[desert_fox 32]

There is a new federal law (REAL ID Act), that imposes on all the states the requirement to veriify legal status here in order to issue a drivers license. An expired I94 will not work. You will need a EAD to show legal presence. Even then, they will only issue a license for the validity of the EAD.

Any state that doesnt comply, then their license cannot be used for a Federal purpose, including boarding an aircraft.

Edited April 23, 2006 by desert_fox

[mtpman 0]

We did not apply for EAD. She is not interested in working, so why spend the money. Now I wonder if we should have. I am not sure what to do about the patronymic. Since we already have used it on some important documents, I am not sure if it is possible to remove it and proceed without it.?.?

I assumed that because she has applied for AOS and has the receipt notice to prove it, that this was enough. Obviously I was mistaken. This is definitely a learning process.

I have been doing some more research today. My wife has a valid driver's license from Russia. Montana code states that anyone who establishes permanent residence in Montana must get a state driver's license. Obviously, Montana, as well as the US government does not consider her a permanent resident. The International Driving Act makes it OK for anyone with a valid driving license to drive in the US, as long as you don't do anything to revoke this privilige, i.e. tickets, accidents, etc. I think we are OK until she gets her card. By the way, the Russian license was good enough for my insurance company to put her on my insurance, although we pay a surcharge until she gets a license in the US.

[ilovecookies 0]

i hope you get your AOS approval soon.

[desert_fox 32]

We did not apply for EAD. She is not interested in working, so why spend the money. Now I wonder if we should have. I am not sure what to do about the patronymic. Since we already have used it on some important documents, I am not sure if it is possible to remove it and proceed without it.?.?

I assumed that because she has applied for AOS and has the receipt notice to prove it, that this was enough. Obviously I was mistaken. This is definitely a learning process.

I have been doing some more research today. My wife has a valid driver's license from Russia. Montana code states that anyone who establishes permanent residence in Montana must get a state driver's license. Obviously, Montana, as well as the US government does not consider her a permanent resident. The International Driving Act makes it OK for anyone with a valid driving license to drive in the US, as long as you don't do anything to revoke this privilige, i.e. tickets, accidents, etc. I think we are OK until she gets her card. By the way, the Russian license was good enough for my insurance company to put her on my insurance, although we pay a surcharge until she gets a license in the US.

They wont even change her name on her SS card without some kind of immigration document. So if you dont apply for the EAD, then she would have to wait until the AOS interview in order to have kind of docuument showing her status.

[gcox457 0]

There is a new federal law (REAL ID Act), that imposes on all the states the requirement to veriify legal status here in order to issue a drivers license. An expired I94 will not work. You will need a EAD to show legal presence. Even then, they will only issue a license for the validity of the EAD.

Any state that doesnt comply, then their license cannot be used for a Federal purpose, including boarding an aircraft.

/nod though the act doesn't take effect until 3 years after it was passed...so though it's on the books, it's not dictating current policy. That said, certainly it doesn't mean that individual states aren't changing their internal policies in the mean time to prepare for the time where such policies will be federally mandated. Your mileage may vary depending on what state you live in.