DMV Investigations Won’t Issue Drivers License

[the.ronin 0]

My wife came here on a K-1 Visa and she has adjuste status as a conditional resident. We are waiting to file for removal of condition 90 days prior to the 2nd year anniversary of the AOS interview we had which would make it approx October of this year as the earliest time to file for I-751.

My wife took her driver test at the Santa Ana, CA, DMV and passed receiving a temporary license which expires at the end of this month. We haven’t received her license.

It turns out her case was sent to DMV Investigations since she applied for the license with a conditional green card. We were given the phone number to the investigations office who told us she needed to visit and bring along all manner of documents – birth certificate, marriage certificate, whatever we had. At this appointment, they basically grilled her on whether everything was real. They took copies and notified her that they would follow up with each document to make sure they were legitimate.

This could take forever.

Has this happened to anyone else? Shouldn’t the DMV be able to talk to USCIS and get confirmation?

[Okalian 41]

Shouldn't the DMV be able to talk to USCIS and get confirmation?

As far as they're concerned, they need to only see her greencard (regardless if it's conditional). It's NOT their job to determine whether or not your marriage is real, USCIS has that covered.

[the.ronin 0]

As far as they're concerned, they need to only see her greencard (regardless if it's conditional). It's NOT their job to determine whether or not your marriage is real, USCIS has that covered.

This is what I suspected ... what should I do about this???

[Okalian 41]

This is what I suspected ... what should I do about this???

I've had a similar scenario when I was enrolling for summer classes while adjusting status (i didn't even have a GC at that time). If i were in your shoes, I would've printed out (from their website) whatever documents they list that are necessary to get a new DL and refuse to give them anything further, or question them why on earth do they need more documents than necessary.

Or avoid the fuss and go to a different DMV office.

[v333k 59]

One method that is heavily suggested when things get sticky during ROC is to get your congressman/woman involved. I am not sure if it can also apply to DMV... as a LPR, you are being treated differently and unfairly.

However, if they keep giving you grief, then they are violating your civil rights... they cannot question the validity of a marriage license or any other documents.

Okalian has a great point - print out the document that shows what acceptable identifications are accepted and that's the only thing you should've provided.

One last comment - some states will accept NOA and extension letters, and some do not... so you might go through this "fight" and find out that you need to wait until her 10-year GC is available....

[the.ronin 0]

Thank you all for the responses and support.

I just got off the phone with the “investigator” handling the “case.” Evidently, whoever submitted the case to this special “DMV Investigations” office (Irvine, California) indicated that they were suspicious of the documentation provided – presumably the conditional green card. The “investigator” said that could be anything from a “strange looking font” to any number of reasons. And that his job was to ensure that the documents provided are legitimate.

I asked why this couldn’t be done with a simply call to the USCIS and he said that would be the case but also with the social security office (to verify the ss#) and with family members (to verify date of birth)?!?! #######???

I don’t think it helped that my wife loses all manner of concentration when she’s put under stress. I think she got her dates off when asked when she initially took her written test, driving test, and what docs she provided.

This is a mess.

[NArocks 13]

In NJ just FYI if your GC ( 2 year ) expires and you have not been approved and received the 10 yearcard you are out of luck, Also onthe DL they place in red letters TEMP IMMI status. pizzed me off to no avail. However they did issue hubbies DL with an expiration date 90 days after his 2 year card. Card came in Nov 09 went and renewed the DL and then sent it back cause it had him as a Female we are now waiting for the replacement

[me&me 0]

I don't know where she had her driving test at, but if it's California, then just tell her to suck it up and wait. CA is very strict and have a very unique rules and regulations. As much as I love that place, I am so thankfull that I don't live there lol.

Good Luck.

Edited May 20, 2010 by me&me

[Brother Hesekiel 2,236]

Drones at work.

File a formal complaint in which you suggest confirming the validity of her Green Card with USCIS, which is but a phone call away. Then mention the violation of civil rights and illegal targeting of a woman based on her coming from Mexico and the involvement of your congressperson and the local newspaper as a potential career stopper.

[Radkova 11]

talk to the supervisor or go to a different dmv

[Eternal Love 2]

I don't know where she had her driving test at, but if it's California, then just tell her to suck it up and wait. CA is very strict and have a very unique rules and regulations. As much as I love that place, I am so thankfull that I don't live there lol.

Good Luck.

-----

Here in Florida, I just showed the DMV my NOA that I am approved of green card and is ordered for production. Because at that time my 90 days visa had already expired. They honored it in place of my GC. I had my learner's license for a while and when my GC arrived, I took my driving test, I passed it and was issued a drivers license that expires in 2017.

[Rob and Jill 82]

This is one of those times where you need to raise hell until it gets handled.

They are obviously being prejudiced at the least. Put your foot down.

[Rebecca Jo 1,962]

We've been through BS with the DMV also, although not to that extent.

When it happened to us, we contacted the Governor's office, our Senator, and the head of the DMV. We never knew if any one was disciplined, but at least we had our say.

[v333k 59]

Card came in Nov 09 went and renewed the DL and then sent it back cause it had him as a Female we are now waiting for the replacement

That's hilarious!

[v333k 59]

Thank you all for the responses and support.

I just got off the phone with the “investigator” handling the “case.” Evidently, whoever submitted the case to this special “DMV Investigations” office (Irvine, California) indicated that they were suspicious of the documentation provided – presumably the conditional green card. The “investigator” said that could be anything from a “strange looking font” to any number of reasons. And that his job was to ensure that the documents provided are legitimate.

I asked why this couldn’t be done with a simply call to the USCIS and he said that would be the case but also with the social security office (to verify the ss#) and with family members (to verify date of birth)?!?! #######???

I don’t think it helped that my wife loses all manner of concentration when she’s put under stress. I think she got her dates off when asked when she initially took her written test, driving test, and what docs she provided.

This is a mess.

Definition:

Civil and political rights are a class of rights and freedoms that protect individuals from unwarranted action by government and private organizations and individuals and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.

Another definition:

The right of certain individuals not to be discriminated against in employment, public accommodations, housing, voting, and education because of their protected-class status.

Contact your civil rights division and explain your situation... you can choose to file a complaint that your wife is being treated differently and her civil rights have been violated. This is definitely not right.

Please read this page....

http://www.hhs.gov/ocr/civilrights/index.html