Stupid DMV - so mad!!!!!

[jonandmary 0]

So we filed AOS and EAD, Mary has her SSN with her married name, we are all good to go....

So Mary went to the DMV in Waukesha WI today to get her WI license. She brought the following:

Ontario DL

VISA/Passport

SSN card w/married name

Marriage Cert

Sept Bank Statement with both names on it

So it sounds like they were so confused that they had her go into a side office for a supervisor to process her application. Keep in mind she's been to the SSA twice and both times they have granted her a SS card. The guy begins to tell her that the bank statement is not good enough (it is according to their instructions). He asked her to log into the bank account on his computer. This pisses me off because we have alot of savings and its none of his business to see that (I blocked out the amounts on the statement). She did it and it was acceptable at that point.

He would not process her application though - he wanted the I797 AOS receipt. For what I don't know. He kept telling Mary she was only allowed to be here until December 11th (when her Visa expires). Whenever she tried to explain how her K visa works he would look away.

They list the I797 on the list of proof, but also a Visa with a I94.

As far as I'm concerned the valid K visa, the marriage cert, and the AOS keeps her 100% legal until we get a denial. Telling her she has to leave on Dec 11th (2 months after we got married) is bullsh*t.

On Monday we'll go back with the I797 but after this is done I think I'm going to be writing a letter to a few people in Madison.

[payxibka 10,045]

It is not just Wisconsin. It is all about the provisions contained in the Federal REAL ID legislation.

What you missed is this:

Minimum stay requirement: Temporary visitors must have legal presence documents authorizing a minimum stay of:

1 year with at least 6 months remaining (for a driver license)

6 months with at least 3 months remaining (for an ID card)

While the I-94 is mentioned your I-94 with a valid stay of 90 days does not meet the criteria...

[thetreble 19]

It's not about being legal or not being legal.

In NJ I could not get a driver's license until I had a I-551 stamp or my actual Green card. And much like your experience, I asked 5 different people and got 5 different answers.

The DMV has nothing to do with her leaving so don't get upset over that, that is just some worker being ignorant. However, they have say over who gets a driver's license and who doesn't.

The K visa is no longer valid. As soon as you applied for AOS, it is nullified as she is no longer your fiancee.

I went on the WI DMV website and it says she needs the !797. Consider that lucky because a lot of states request more than just a NOA.

[jonandmary 0]

It is not just Wisconsin. It is all about the provisions contained in the Federal REAL ID legislation.

What you missed is this:

Minimum stay requirement: Temporary visitors must have legal presence documents authorizing a minimum stay of:

1 year with at least 6 months remaining (for a driver license)

6 months with at least 3 months remaining (for an ID card)

While the I-94 is mentioned your I-94 with a valid stay of 90 days does not meet the criteria...

She is not a temporary visitor.

[payxibka 10,045]

It is not just Wisconsin. It is all about the provisions contained in the Federal REAL ID legislation.

What you missed is this:

Minimum stay requirement: Temporary visitors must have legal presence documents authorizing a minimum stay of:

1 year with at least 6 months remaining (for a driver license)

6 months with at least 3 months remaining (for an ID card)

While the I-94 is mentioned your I-94 with a valid stay of 90 days does not meet the criteria...

She is not a temporary visitor.

A K-1 is a non-immigrant visa and only non-immigrants get I-94's.

Yes she is temporary (only a 90 day authorized stay period) until you apply to register for residency...... that is why the I-797 was needed.......

Edited November 14, 2008 by payxibka

[jonandmary 0]

It's not about being legal or not being legal.

In NJ I could not get a driver's license until I had a I-551 stamp or my actual Green card. And much like your experience, I asked 5 different people and got 5 different answers.

The DMV has nothing to do with her leaving so don't get upset over that, that is just some worker being ignorant. However, they have say over who gets a driver's license and who doesn't.

The K visa is no longer valid. As soon as you applied for AOS, it is nullified as she is no longer your fiancee.

I went on the WI DMV website and it says she needs the !797. Consider that lucky because a lot of states request more than just a NOA.

But the asterisk has me worried. Who is to say if it has enough proof or not.

Valid A#, valid SSN, etc .... everything is in order.

From a technical aspect I fail to see how the I797 proves anything.

They wont give her a DL on the spot no matter what, you have to wait 7-10 days for it to be mailed out from Madison. I dont understand why they can't perform all the necessary checks at that time. Assuming they have access to the systems it would show them her current status and that the I485 is pending.

.... in any case I'm just venting. Mary was very upset for this guy to tell her she has to leave. She feels like everything is an uphill battle and if frustrated.

[payxibka 10,045]

But the asterisk has me worried. Who is to say if it has enough proof or not.

Valid A#, valid SSN, etc .... everything is in order.

From a technical aspect I fail to see how the I797 proves anything.

They wont give her a DL on the spot no matter what, you have to wait 7-10 days for it to be mailed out from Madison. I dont understand why they can't perform all the necessary checks at that time. Assuming they have access to the systems it would show them her current status and that the I485 is pending.

.... in any case I'm just venting. Mary was very upset for this guy to tell her she has to leave. She feels like everything is an uphill battle and if frustrated.

You might be right on the I-797 but it is better than the alternative which is to make you wait until EAD or greencard...

[jonandmary 0]

A K-1 is a non-immigrant visa and only non-immigrants get I-94's.

Yes she is temporary (only a 90 day authorized stay period) until you apply to register for residency...... that is why the I-797 was needed.......

Oh, but according to the IRS she can be treated as a 'resident' currently. So when its convenient for them she is legal and legit, when its not go pound sand.

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident.

You might be right on the I-797 but it is better than the alternative which is to make you wait until EAD or greencard...

Thats what we will hope for and take the I797 in on Monday.

Thanks everyone

Edited November 14, 2008 by jonandmary

[thetreble 19]

Assuming they have access to the systems it would show them her current status and that the I485 is pending.

The DMV does not have access to that information, if that is what you were inferring.

I understand your vent because I realize how shitty these things can be. But the terms used in the immigration process I find are used loosely. A lot of state workers don't understand the differences between the terms so you are going to have a hard time doing everything.

[J&K 0]

In VA I couldn't get my licence until I had the I797 for AOS. And when I showed them that, it was only good for one year from the date on the I-797. My licence now, is only good until my expiration date on my conditional greencard (June 18, 2009) so I will have to show my I-797 for my Removal of Conditions to keep my licence and will have to go a renewal again when that ends. So in 4 years I will have to renew my licence 4 times.

[thetreble 19]

In VA I couldn't get my licence until I had the I797 for AOS. And when I showed them that, it was only good for one year from the date on the I-797. My licence now, is only good until my expiration date on my conditional greencard (June 18, 2009) so I will have to show my I-797 for my Removal of Conditions to keep my licence and will have to go a renewal again when that ends. So in 4 years I will have to renew my licence 4 times.

I think most states are like that. I also am only good with my green card until next year and will have to go to get a new one.

[jonandmary 0]

The DMV does not have access to that information, if that is what you were inferring.

So why do they wait a week to send out the DL's ? I assumed they did further background checks.

My licence now, is only good until my expiration date on my conditional greencard (June 18, 2009) so I will have to show my I-797 for my Removal of Conditions to keep my licence and will have to go a renewal again when that ends. So in 4 years I will have to renew my licence 4 times.

I can understand that. I just was hoping we'd get her ID in her married name now. We really need it to get checks made, to get the auto insurance updated, etc. ...

[J&K 0]

In VA I couldn't get my licence until I had the I797 for AOS. And when I showed them that, it was only good for one year from the date on the I-797. My licence now, is only good until my expiration date on my conditional greencard (June 18, 2009) so I will have to show my I-797 for my Removal of Conditions to keep my licence and will have to go a renewal again when that ends. So in 4 years I will have to renew my licence 4 times.

I think most states are like that. I also am only good with my green card until next year and will have to go to get a new one.

Yup, just trying to show that the OP that this may not be the end of the DMV...just a heads up

[payxibka 10,045]

Oh, but according to the IRS she can be treated as a 'resident' currently. So when its convenient for them she is legal and legit, when its not go pound sand.

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident.

The definitive is that you can CHOOSE to and it will only be chosen if it is tax advantageous to you. The alternative is to take away the choice and simply have you pay more taxes...

[jonandmary 0]

I looked at the paperwork Mary brought back (memos etc) and it all makes sense to me.

I think what set me off was that he wanted her to log into our bank account on his computer and that he told her that she has to go home (Canada) in December.