NY Driver's license with K-1 Visa

[bluenoser77 0]

Hello all,

I entered on a K-1 in April, got married, and applied for AOS, AP and EAD right away. I have recently received my new SSN and today I went to the DMV here in NY to change my Canadian license to a NY one (was pressured by our auto insurance company). I was able to get one, except my new driver's license will state that I am a temporary visitor until July 1st (because my I-91 form in my passport expires on this day). She said I had to come back and update my card when my status changed, but AOS could take up to two years. My questions are:

1. Will this driver's license be valid after July 1st in the states and in Canada? (the answer they gave me was, the license actually expires in 2015, but basically the card will say I'm illegally here after July 1st, so she wasn't sure how that would affect my actual permit to drive).

2. After a few months, if I ever get asked for my documents by officials, what do I show them? My I-91 is due to expire on July 1st and my K-1 visa is due to expire on Sept.24th. Am I supposed to carry around my marriage cert?

Thanks for any responses. And if I've missed a previous discussion on this, please direct me to it.

Cheers.

[VanessaTony 3,567]

1. No. This has happened to a lot of people. You will need to go back to them once your status has changed and they will update the date on it. If the date on your licence is until 2015 then it's not a problem but if it is (like most K1's) only valid until the I-94 expires, then after that date it's expired like a regular licence would be.

2. You would show them your NOA1 from applying for AOS. Your K1 visa was dead on arrival so now only your I-94 date matters. You should also carry your passport (but I don't personally for fear of losing it and that matters more to me. I carry my Aussie drivers licence as my "ID" and if they want legal status I carry the NOA1).

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Moving Here and Your New Life In America as this is not an AOS topic**

As for other topics, if you type "drivers" or "license" in the search box up the top on the right you will find other threads on those topics. There are a few about what to carry to prove legal status but I'm having issues finding them at the moment.

Edited May 13, 2010 by Vanessa&Tony

[tbaygrrl 2]

I have to put a LOL, as it seems everyone who comes across on a K-1 visa runs into issues with the DMV. Here's what I have learned from my insane experience with them.

1. * If you didn't surrender your CND DL) A Canadian license is valid for a year in the States to drive on. This comes in handy, as you can drive on it while waiting for your EAD.

Otherwise:

2. Go back to the DMV when your EAD arrives in the mail. They will need this, plus your, ssn, passport with K-1 visa and I-94 in it, your marriage certificate, and your Canadian license. With these documents they will issue you a NY license with a 2-5 year expiry. Your EAD should/will arrive before your I-94 does expire. Sometimes a DMV will also accept the receipt of Notice to adjust status. You can also try with this, if your EAD has not arrived and it's getting close to your I-94 expiring.

3. If the system at the DMV still has your maiden name in the system and you have changed your name with USCIS, the supervisor there can override the system because you will have your marriage certificate as proof. BUT, you will have make an info pass apt, and change your last name in the system that way before DMV and renew your license. (this seems to be a common issue)

Hope this helps.

[juliava 80]

Hmmm...I lived in NY state and I know that it has very strict rules in obtaining a DL. While I lived there they wouldn't accept you applying for a DL unless you had a valid visa for at least 6 months. Tourist visas were excluded and also, bringing NOA's stating that you have a pending case wouldn't have worked either. In most of the states now your DL expires whenever your I-94 expires. Obviously you can not drive with an expired DL. You will be eligible to renew it once you get your EAD.