Another driver's license twist

[Thai family 0]

This is a new one and we're trying to figure out what to do, other than try again or wait until she has her EAD.

She's been told her marriage certificate has to have been issued in the US! If it is good enough for the USCIS and DOS why isn't it good enough for my beloved state? I even got on the phone with the guy

at the DMV and he tried to tell me the same. I asked where it says that in the CRS (Colorado revised statutes) and got an non answer. If he would have just told her they don't give DLs to those on K 3 visas I would have understood.

1) She's here on a K-3 visa with an I 94 expiration date of July 2010

2) Has a printout from Social Security that says she has a social security number (in her maiden name - SS wouldn't enter her name change into the system until she gets an EAD).

3) Her husband went with her and they took their Thai marriage certificate and certified English translation, since they told us on the phone she needed to show ties to Colorado.

4) Husband is leaving in three days for twelve weeks of training on the other side of the country. He has to take the original marriage cert and translation with him to get her entered into DEERS. I am concerned that she won't have her marriage cert when her EAD arrives, so she won't be able to get her name change and new card. Hopefully he'll be able to mail it back to her.

5) I'm also a bit concerned as to what the DMV will think about residency with him gone. Their home of record is CO. (period).

We were trying to get all of this taken care of before he leaves, as he won't be able to transact business for a good long while, and doesn't expect to be back here for a long time.

Any suggestions? I think she can drive on her international driver's license, but it's not translated into English.

We can try at the SS office to see if they will put her name change into the system, as I understand they should per their own directives.

Thanks in advance for any advice,

Thai Mom

[YuAndDan 153]

Driver's license is one of the reasons to do a CR-1 visa instead of a K-3, in many states they will not issue a DL unless can provide evidence of legal presence like EAD, or green-card.

From the details you gave a license would be issued in NY State, (SSN, I-94 valid for more than a year (K-3 has this), passport as photo-ID, and Marriage Cert) would satisfy them) My wife could not get a DL until she had EAD or Green-card, a K-1 has only a 90 day I-94.

All I can say is try again and point out the I-94 is valid for more than a year, so has legal presence as a non-resident.

[Thai family 0]

All I can say is try again and point out the I-94 is valid for more than a year, so has legal presence as a non-resident.

Thanks. I think we'll try at the SS office again, and see what happens there and then perhaps go to the DMV again or wait until she gets her EAD. These offices here are really small. At least I was able to talk the kids out of the necessity to marry again!

Thai Mom

[YuAndDan 153]

All I can say is try again and point out the I-94 is valid for more than a year, so has legal presence as a non-resident.

Thanks. I think we'll try at the SS office again, and see what happens there and then perhaps go to the DMV again or wait until she gets her EAD. These offices here are really small. At least I was able to talk the kids out of the necessity to marry again!

Thai Mom

SSA wont do anything until you have EAD or Green-card.

[gatita 0]

Our state requires an EAD card or green card to get a driver's license. Many others do as well.

[Thai family 0]

Our state requires an EAD card or green card to get a driver's license. Many others do as well.

We went back to both the SSA office and the DMV. The Colorado DMV has tightened up on requiring an EAD or green card to issue a license or ID. She also has to wait for an EAD to get her name change in the system with the SSA. We will just wait a couple of months. At least the people were very nice. Of course, I do not see how anyone could not be nice to her. If problems arise, we'll deal with them then.

Thanks.

Thai Mom

[LemonGrass 0]

If possible, a Justice of the peace wedding is quick and would give them an official US wedding. It doesn't cost much and isn't exactly the "special moment" in life but might help facilitate business matters since some people doubt the validity of marriage certs from other countries. It's unfortunate that other cultures and beliefs are sometimes not acknowliedged or respected. From your post, I realize there isn't enough time for that. For my wife to wire transfer her money to our joint bank account in Thailand, they wanted our marriage cert, and both our passports, then we had to sign the photocopies. All this even though both our names were on the bank statement as primary account holders. One bank even kept her bank book for one day until they were positive everything would clear with the Central Bank.

If possible, a Justice of the peace wedding is quick and would give them an official US wedding. It doesn't cost much and isn't exactly the "special moment" in life but might help facilitate business matters since some people doubt the validity of marriage certs from other countries. It's unfortunate that other cultures and beliefs are sometimes not acknowliedged or respected. From your post, I realize there isn't enough time for that. For my wife to wire transfer her money to our joint bank account in Thailand, they wanted our marriage cert, and both our passports, then we had to sign the photocopies. All this even though both our names were on the bank statement as primary account holders. One bank even kept her bank book for one day until they were positive everything would clear with the Central Bank.

I meant our joint account in the US

[I'm Gone 60]

If possible, a Justice of the peace wedding is quick and would give them an official US wedding. It doesn't cost much and isn't exactly the "special moment" in life but might help facilitate business matters since some people doubt the validity of marriage certs from other countries. It's unfortunate that other cultures and beliefs are sometimes not acknowliedged or respected.

Getting married when you get down to it is a legal matter and states have no more obligation to recognize a foreign marriage as being legal as they would allowing you to drive with a foreign driver's license.

[Thai family 0]

If possible, a Justice of the peace wedding is quick and would give them an official US wedding. It doesn't cost much and isn't exactly the "special moment" in life but might help facilitate business matters since some people doubt the validity of marriage certs from other countries. It's unfortunate that other cultures and beliefs are sometimes not acknowliedged or respected.

Getting married when you get down to it is a legal matter and states have no more obligation to recognize a foreign marriage as being legal as they would allowing you to drive with a foreign driver's license.

They're already legally married as far as the US Government and Thai government are concerned, and it's well documented with both. I would hate to create problems for them later on by taking the DMV's suggestion that they marry again. Potentially I think that could create a real legal nightmare. We'll just wait for the EAD or the military dependent ID, whichever comes first. I love my state, but....

Thai Mom