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Filed: K-1 Visa Country: India
Timeline
Posted

Hi there,

My husband got his SS# number, but it says only for work authorization with DHS approval. His

visa expires mid september. We got married end of July, and filing AOS end of this week. I know

I have been a bit tardy in filing all the AOS. So, today my husband went to get the license and

they told him since his visa is expiring they can not give it to him. Is this normal? At least

he wants to be able to drive. Is this such a problem to get a license at least. Anybody have

the same trouble.

Star

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

oh - everyone is confused...

that 'visa expiration date' is the last day he can enter the USA. It actually expired the day he came into the USA, and was given an I-94 document.

the expiration date on the I-94 is the last day on which you were to get married.

now, as for any drivers license - it varies by US State -

so - whats yer US State want to do about it?

With some exception, a US State will want to see -

--green card or

--ead card or

--visa with more than 120 days of validity on it.

He doesn't have any of those, so yer best bet would be , IMO, to cure yer tardiness.

Perhaps is good time to understand the licensing requirements for a 49.50 CC moped in yer state? Many US States do no require drivers license to operate (but do require this moped to be registered) and they're great for getting across town.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

Hi there,

My husband got his SS# number, but it says only for work authorization with DHS approval. His

visa expires mid september. We got married end of July, and filing AOS end of this week. I know

I have been a bit tardy in filing all the AOS. So, today my husband went to get the license and

they told him since his visa is expiring they can not give it to him. Is this normal? At least

he wants to be able to drive. Is this such a problem to get a license at least. Anybody have

the same trouble.

Star

He came on a K1 visa, right? So, his visa expired the moment he entered the country. His I-94 stapled in his passport is valid for 90 days. At least in my state of CA, you cannot obtain a DL if your I-94 is expiring in less than 30 days. Even if you obtained the DL before that, it would expire along with the I-94. My husband was only able to get his DL once he got his green card. Our process was pretty smooth filing in January and green card by early April. So hopefully your husband can get his soon as well. I am not familiar with all states' rules, but some will allow the immigrant to drive with a foreign license. You will want to check the rules carefully because some states only allow visitors to do this and not immigrants who have filed for AOS and thus intend to stay permanently in the US. Good luck to with your AOS process!

Edited by menina
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Filed: K-1 Visa Country: India
Timeline
Posted

He came on a K1 visa, right? So, his visa expired the moment he entered the country. His I-94 stapled in his passport is valid for 90 days. At least in my state of CA, you cannot obtain a DL if your I-94 is expiring in less than 30 days. Even if you obtained the DL before that, it would expire along with the I-94. My husband was only able to get his DL once he got his green card. Our process was pretty smooth filing in January and green card by early April. So hopefully your husband can get his soon as well. I am not familiar with all states' rules, but some will allow the immigrant to drive with a foreign license. You will want to check the rules carefully because some states only allow visitors to do this and not immigrants who have filed for AOS and thus intend to stay permanently in the US. Good luck to with your AOS process!

Hi Menina,

Thank you! Yes, I am in Cali as well. Its good to know it does not take long for the process. I guess the process before this has burned me out that now I am feeling a bit drained. But, just like the energizer bunny I have

to keep going :).

Star

oh - everyone is confused...

that 'visa expiration date' is the last day he can enter the USA. It actually expired the day he came into the USA, and was given an I-94 document.

the expiration date on the I-94 is the last day on which you were to get married.

now, as for any drivers license - it varies by US State -

so - whats yer US State want to do about it?

With some exception, a US State will want to see -

--green card or

--ead card or

--visa with more than 120 days of validity on it.

He doesn't have any of those, so yer best bet would be , IMO, to cure yer tardiness.

Perhaps is good time to understand the licensing requirements for a 49.50 CC moped in yer state? Many US States do no require drivers license to operate (but do require this moped to be registered) and they're great for getting across town.

Good Luck !

We are in California and the rules here are a bit different. But, they seem to be efficient

with the AOS process so I guess I have to get back on track. Thank you for the information

its been very helpful.

Star

Filed: Citizen (apr) Country: Australia
Timeline
Posted

This happens all the time because you can't get State ID or a Drivers licence without proving your status. You can't prove your status if you don't HAVE proof of status. If your status expires in 30 days, why would they waste their time printing a licence that's only valid for 30 days?? You'll see many threads on this same subject.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Moving Here and Your New Life In America as this isn't an AOS question**

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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