Please help - K-1 Entrant Driver's License Question

[dapobukola 0]

Hello All

I am posting this and hopefully someone can answer my question or be able to tell me what to do at this point. My fiancé (Now my husband) came to the US on K1 visa, we got married and sent our change of status in March, he just did his biometrics last Thursday, before that we applied for SS card and we waited for 2 months to get it because they had to verify his name with immigration. He got his SS card and now we are trying to apply for a driver’s license about 3 weeks ago they said they need to verify his name again with immigration, we went to a local immigration office and they told us there is nothing they can give us to take to secretary of state to show that his name is in the system so we waited, today we got a call from secretary of state saying his license was denied because his status has expired but his visa haven’t expired, it won’t expire till June, they said he can’t get a driver’s license until he change his status. We went there and the lady at the secretary of state said there is nothing she can do until immigration update their system. Can anyone tell me what is going on?? Is it because he submitted the change of status or can it be something else?? Please help because I don’t know what else to do at this point. Thanks in advance for your help

[Bobby+Umit 161]

Hello All

I am posting this and hopefully someone can answer my question or be able to tell me what to do at this point. My fiancé (Now my husband) came to the US on K1 visa, we got married and sent our change of status in March, he just did his biometrics last Thursday, before that we applied for SS card and we waited for 2 months to get it because they had to verify his name with immigration. He got his SS card and now we are trying to apply for a driver's license about 3 weeks ago they said they need to verify his name again with immigration, we went to a local immigration office and they told us there is nothing they can give us to take to secretary of state to show that his name is in the system so we waited, today we got a call from secretary of state saying his license was denied because his status has expired but his visa haven't expired, it won't expire till June, they said he can't get a driver's license until he change his status. We went there and the lady at the secretary of state said there is nothing she can do until immigration update their system. Can anyone tell me what is going on?? Is it because he submitted the change of status or can it be something else?? Please help because I don't know what else to do at this point. Thanks in advance for your help

Most states will only issue a DL based on the expiration of the immigration status that allows you to be in the country.

Since you are filing for the AOS, your EAD would be the form they could use to issue a DL for.

(really depends on your state - this is how Ohio does it).

Do you have the EAD yet?

[dapobukola 0]

Most states will only issue a DL based on the expiration of the immigration status that allows you to be in the country.

Since you are filing for the AOS, your EAD would be the form they could use to issue a DL for.

(really depends on your state - this is how Ohio does it).

Do you have the EAD yet?

No we dont have EAD yet,we applied for it when we did change of status. The lady said there is nothing she can do until they change the status in her system that she go by her system. I live in michigan and i know some people get their DL before they get their EAD or greencard.

[NigeriaorBust 4,087]

States differ slightly but the general rule is that you have to have a valid status. If you work quickly when you come you can get a it while the K1 is still valid but some states will have the license expire with the K1. You are in the between state, no longer a valid K1 and not yet a AOS approved resident. You just have to wait it out.

The expiration date of the visa ( 6 months) isn't a factor. You have 6 months to use the visa one time. As soon as you use it ( enter the US) the visa is dead. You then have 90 days of status on your I 94

Edited May 11, 2010 by NigeriaorBust

[Me&Her 2]

Here in Virginia, when she got her first DL, it expires with her I-94.

Since we filed AoS and have received NOA1, which dated a few days before the expiration of the first DL, we went in the DMV and showed them the NOA1 (for AoS I-485), they renewed her DL with a one-year expiration date, starts with the NOA1 date.

Also she got her Social Security Card three weeks after entering the US, only needed her passport and the I-94.

Edited May 12, 2010 by JRSmooth

[Bobby+Umit 161]

Here in Virginia, when she got her first DL, it expires with her I-94.

Since we filed AoS and have received NOA1, which dated a few days before the expiration of the first DL, we went in the DMV and showed them the NOA1 (for AoS I-485), they renewed her DL with a one-year expiration date, starts with the NOA1 date.

Also she got her Social Security Card three weeks after entering the US, only needed her passport and the I-94.

Ohio also sets it to the I-94 (your most current immigration status/document) - so if the OP is past the I-94 date, till you get the EAD (which shows your changing your status), you probably will not be able to get the DL till then.

Ohio did it in response to a DHS directive.

[dapobukola 0]

Thank you all for your responce, guess we ust have to wait

[AzuomaObidiya 1]

Thank you all for your responce, guess we ust have to wait

you never said what state you where in, that can help 100%

[VanessaTony 3,567]

** moved from "Adjustment of Status Case Filing and Progress Reports" to Moving Here and Your New Life In America as this is not an AOS progress update or AOS topic**

[dapobukola 0]

you never said what state you where in, that can help 100%

We live in michigan. thanks