My wife was denied for a Colorado Identification Card. Need Help

[Tmc225usc 1]

Hello everyone,

Ran into a bit of a snag today at the local DMV when trying to get my wife a government issued identification card in preparation for her green Card AOS interview taking place on the January 16th.

Im really upset because I didnt think this would be an issue due to the fact that to me, she had everything she needed according to the Identification Requirements Elements Sheet.

Am I in the wrong on this, or was the lady justified in telling us we were crazy to think we should be able to get my wife an identification card?

Its getting closer to the interview date and we are just so nervous and scared something is going to be wrong, or missing. Im so worried they will freak out at the interview if we dont have an Id card for her.

These are the things I brought with us to the DMV.....

-Copy of My wife's I797C(Form 1-485 Application to Resister Permanent resident or Adjust Status Notice that shows her interview date to be on the 16th)

-My wife's SSN

-Certified Marriage License

-My wife's Thai Passport.

-My wife's expired K-1 page from her passport

-My wife's 1-94. Also expired.

According to the elements sheet that say that we need XXXXXX in order to get an identification card, she had everything she needed.

The lady argued several points with me...

1) She doesnt have a green card and thus cant have an id card.

2) her I-94 and K1 visa are expired (this is to be expected, we have been married since the 19th of may 2008. )

3) Her SSN doesnt mean anything

4) She doesnt have an Employment Auth Card or 1-551 (my wife doesnt need to work. So we haven't filed for a work permit and figured we would just wait for the green card so that if she wanted to work later she could.

It says on their form that they can get Identity, Age, Name and Lawfull presence evidence off of the Poreign passport, us visa and I-94

They also said they could get lawfull presence off of a SSN card.

So am I crazy in thinking this should have went smoothly? Or was the lady correct?

And if she was correct.... how are you expected to get all of this done while waiting for your AOS meeting?

My wife's Visa would have expired on 04Sept2008. Her I94 was valid through June 14th. Im just lucky we got the interview as soon as we did. i would have done this earlier, but I didnt have the interview notice(I-797C) until just recently. Way after both of those were expired. How do they expect us to get these things when we have no real way of showing we are in pending status waiting for an interview WHILE doing what we were told which was getting married in the correct time frame?

Any help, or advice would be greatly appreciated. Im really freaking out right now on top of being nervous. so close...yet still, so many issues that shouldnt happen.

[Goldfee111 3]

hey

u need only an identification so bring ur wifes passport and u be fine...

some states have different rules to aplly for an ID....in texas u have to have an EAD wich is good for one year and on the day u apply u must have more then 6 month left...so i think in colorado its similar..so if she not filed for the ead u have to wait until she get the gc...that the i94 is expired does not affect the proof of identification...so take her passport and dont be worried

[Kathryn41 3,205]

Many States require proof of valid immigration status in order to issue DL or State ID. Currently your wife has nothing to prove her valid status that they accept. She is a Green Card applicant but with the I-94 expired there is no document on their list that proves valid immigration status. One of the best reasons for getting an EAD is that it is proof of valid status while waiting for green card approval. Explain at your interview that you were denied State identification because you applied after the I-94 expired and they wouldn't accept anything else. You shouldn't have any problems. The woman you dealt with was right.

[Otto 83]

-Copy of My wife's I797C(Form 1-485 Application to Resister Permanent resident or Adjust Status Notice that shows her interview date to be on the 16th) No Help...Pending Status is just that, pending.

-My wife's SSN Good stuff; depending on the state

-Certified Marriage License Good for name change

-My wife's Thai Passport.Very good/required

-My wife's expired K-1 page from her passport No help - expiration date means nothing; see I-94

-My wife's 1-94. Also expired.Expired...same as "not valid"

Unfortunately - she (the lady) may very well be correct.

[walls1010 3]

She can use her passport as her ID in her upcoming interview (that's what i did before). Some states don't issue DL or state ID without greencard as a proof being a permanent resident here in the US.

[helinna 0]

She can use her passport as her ID in her upcoming interview (that's what i did before). Some states don't issue DL or state ID without greencard as a proof being a permanent resident here in the US.

Its crazy i know! But we went threw the same thing she needs a EAD card or Greencard

[Old Dominion 26]

The NOA1 for an EAD/AOS application is sufficient proof of legal presence in Virginia.

[YuAndDan 153]

We did not bother trying to get a state ID until my wife got her green-card or EAD.

NY requires EAD, Green-card, or I-94 card that is valid for more than a year (K-3 I-94 card).

Most states require solid evidence of legal presence.

[Rings 10]

I am in Colorado and with the SSN, your marriage licence and proof of residency you should be fine. Just wait until you get your Greencard. You do not need a Colorado ID to Adjust status.

[RIDION 0]

Hello everyone,

Ran into a bit of a snag today at the local DMV when trying to get my wife a government issued identification card in preparation for her green Card AOS interview taking place on the January 16th.

Im really upset because I didnt think this would be an issue due to the fact that to me, she had everything she needed according to the Identification Requirements Elements Sheet.

Am I in the wrong on this, or was the lady justified in telling us we were crazy to think we should be able to get my wife an identification card?

Its getting closer to the interview date and we are just so nervous and scared something is going to be wrong, or missing. Im so worried they will freak out at the interview if we dont have an Id card for her.

These are the things I brought with us to the DMV.....

-Copy of My wife's I797C(Form 1-485 Application to Resister Permanent resident or Adjust Status Notice that shows her interview date to be on the 16th)

-My wife's SSN

-Certified Marriage License

-My wife's Thai Passport.

-My wife's expired K-1 page from her passport

-My wife's 1-94. Also expired.

According to the elements sheet that say that we need XXXXXX in order to get an identification card, she had everything she needed.

The lady argued several points with me...

1) She doesnt have a green card and thus cant have an id card.

2) her I-94 and K1 visa are expired (this is to be expected, we have been married since the 19th of may 2008. )

3) Her SSN doesnt mean anything

4) She doesnt have an Employment Auth Card or 1-551 (my wife doesnt need to work. So we haven't filed for a work permit and figured we would just wait for the green card so that if she wanted to work later she could.

It says on their form that they can get Identity, Age, Name and Lawfull presence evidence off of the Poreign passport, us visa and I-94

They also said they could get lawfull presence off of a SSN card.

So am I crazy in thinking this should have went smoothly? Or was the lady correct?

And if she was correct.... how are you expected to get all of this done while waiting for your AOS meeting?

My wife's Visa would have expired on 04Sept2008. Her I94 was valid through June 14th. Im just lucky we got the interview as soon as we did. i would have done this earlier, but I didnt have the interview notice(I-797C) until just recently. Way after both of those were expired. How do they expect us to get these things when we have no real way of showing we are in pending status waiting for an interview WHILE doing what we were told which was getting married in the correct time frame?

Any help, or advice would be greatly appreciated. Im really freaking out right now on top of being nervous. so close...yet still, so many issues that shouldnt happen.

Sorry to hear this happened to you, too. We tried to get 1 from the Austin bluffs DMV sometime ago with just my foreign passport & SSN (unmarried name) & there's this mexican looking man from DMV who's really helpful but his supervisor told us to file first for AOS & once I have the I-797C, I can apply for the Colorado ID. That's the only added requirement needed. Maybe you should try again. Good luck.

[Dias Melhores 0]

Wait for the green card and then get the State ID. When she goes to the green card interview, take her passport, the marriage certificate, the expired I 94 and all the receipt notices from USCIS to prove your wife's identification.

Edited January 3, 2009 by Dias Melhores

[Tmc225usc 1]

Sorry to hear this happened to you, too. We tried to get 1 from the Austin bluffs DMV sometime ago with just my foreign passport & SSN (unmarried name) & there's this mexican looking man from DMV who's really helpful but his supervisor told us to file first for AOS & once I have the I-797C, I can apply for the Colorado ID. That's the only added requirement needed. Maybe you should try again. Good luck.

Thank you all for clearing this up and letting me know we will be fine with her Thai Passport and all the supplemental materials instead of the ID card.

Glad to know Im not alone on this as well.

The whole reason we went down there in the first place was because I checked requirements via that page the DMV had for requirements, AND a couple we had meet who was in the exact situation as us just got a card no problem.

I would have never even had her try if I didnt think it was possible.

Its funny you mention what you did Ridion..... I almost had the lady at the desk convinced, and she was starting to understand how silly it is to ask some one to have Step Z completed before they would let us have Step Y and X. She agreed this system is a little strange and seems out of order. What didnt work out was that her Supervisor saw her still talking to us and came over to see why we were still there since she clearly had plans for us to be denied that day.

Im sure if we went down there on another day and tried this all over with a new batch of workers, it could go the other way.

Sadly...I dont have another day I can take off and go down there. (4 Plus hours of waiting this last time)

I guess we will just take along the passport and hope whomever does our interview in Denver in 2 weeks is a lot nicer and more understanding then the people at the DMV.

[tallcoolone 102]

I live in Texas.

Been there, done that.

I went to DMV twice, cuz I thought it was a clerical mistake.

After doing more research, my wife can't get State Issue ID or Learner Permit until she has GC.

It suxs

[TBoneTX 46,277]

I live in Texas. [...] It suxs

Si, man... same situation. Texas is discriminating against an entire class of lawful immigrants. Fortunately, an attorney told me just the other day (in passing) that there are moves afoot to rectify the situation -- for one, can the DMV "legislate" by passing such a rule? Unclear. Meanwhile, my wife should be fine with her Ecuadorian license (PLUS copy of her AOS NOA1 -- very important to keep on her person after her I-94 expires, says the attorney) until the tarjeta verde... er, green card arrives, si man.

I've said it before on here... nobody can do much regarding the illegals, and it frustrates them, so they take it out on those of us who are doing things legally and who can therefore be targeted.

[dan0321 0]

We live in denver, my wife went to get a state ID, and they sent us to the office building on sheridan and perice, there we had to fill out and talk to the person that takes care of the S.A.V.E program, we gave her copies of the aos forms we filed and they sent in a request to home land security, 3 weeks later we went back and she got her ID, they said it will be easy to get drivers lic. and that everyone must go thourgh this in colorado now. hope this helped you.

dan