Will it affect her AOS

[KayDeeCee 4,896]

To answer your question though - your ID would be the EAD, not the passport. The EAD will be in married name and match the SSN.

This. If it is a state like FL that already enforces the federal REAL ID Act, then yes, everything must match. When she gets the EAD in her married name, take that and the NOA from the I-485 to prove her status and use as ID, and not the passport and I-94. Bring the EAD, SS card and marriage certificate. Then all of them will match and there should be no problem. I am not sure what state you are in, but here in FL they issued a state ID (husband doesn't drive) using his EAD. It was still only temporary, and he had to go back and get a non-temp regular one when he got his green card. However, the expiration was based on the EAD, and not the I-94, so there was plenty of time on the ID for it to be useable and worth getting before his green card was approved.

[Moomin 292]

Yes I know the decision has to be made quickly to change it or wait for EAD. I wonder as Tygrys said if they will see a DL as reason to even change it back to the maiden name. I wonder how the DMV will issue the license even when the EAD comes. The original problem was the married name in the computer didn't match the maiden name in the passport. How would that be corrected by the EAD?

Probably because they have to check immigration status and they don't process that many people entered on a K1. When there's something obviously not matching and they're not used to it, they seem to backfire.

EAD is a valid form of government issued ID(which answers your last question), you don't need the visa IF DMV in your state accepts EAD. I neglect to see which state you're from though. My then-fiance signed an affidavit and I got state-ID in the mail a few days later, and then applied for permit showing only SSN and state-ID - that's Indiana. Some have to wait for that until they receive the greencard. This is why it's important to mention the state you're residing in.

[spectec 12]

Probably because they have to check immigration status and they don't process that many people entered on a K1. When there's something obviously not matching and they're not used to it, they seem to backfire.

EAD is a valid form of government issued ID(which answers your last question), you don't need the visa IF DMV in your state accepts EAD. I neglect to see which state you're from though. My then-fiance signed an affidavit and I got state-ID in the mail a few days later, and then applied for permit showing only SSN and state-ID - that's Indiana. Some have to wait for that until they receive the greencard. This is why it's important to mention the state you're residing in.

I am in Florida and they use the REAL ID act. Everything must match. They will accept the EAD when we get it.

[Donald-n-Analyn 6]

As others have already mentioned, any license that you get right now will expire at the end of the 90-day window of the I-94 anyway. At $25 per license in Florida, that is a lot of trouble and expense for such a short lived license. AOS is taking less than 60 days usually. Just wait for the green card, then go back to the BMV.

Congratulations on filing your AOS so quickly!

[sonechko 1]

i tried to do that! but they won't change your name on SS card. I could do that only after i got my GC. Maybe it will work if you show them your EAD with the new name

[AroojandAmin 7]

wow i did not even know that you can apply for a license at the DMV while AOS is pending.... my AOS is still pending and i haven't received the EAD yet...i do have a ssn and i did not change my name after getting married so there won't be any issue with the different name...does this mean i can go and apply for a state ID and a learner's permit? please let me know.... oh and i'm in Wisconsin and my I-94 is not valid anymore as its been way over 90 days. is that going to be a problem?

Edited May 22, 2012 by AroojandAmin

[spectec 12]

i tried to do that! but they won't change your name on SS card. I could do that only after i got my GC. Maybe it will work if you show them your EAD with the new name

Yes the SS office would not change the ssn name. He said it was correct as it is in the system showing the married name. He said DMV should have no problem issuing the license in the married name based on the documents I have.

We went to a different DMV office and they started to say the same thing again about the name doesn't match. By now Alya was getting very upset and walked outside. Anyone have any experience calming a upset Russian wife? It's not easy . While she was outside I asked for a supervisor and I continued to explain to clerk the NOA for the AOS shows her proper name now not the passport. She then said oh I didn't see that before . Anyway she agreed to enter the married name based on the NOA and it worked and the one year license was issued. When Alya came back in the problem was resolved. Thats one way to calm her. Give her what she wants!!!

[rocks 494]

wow i did not even know that you can apply for a license at the DMV while AOS is pending.... my AOS is still pending and i haven't received the EAD yet...i do have a ssn and i did not change my name after getting married so there won't be any issue with the different name...does this mean i can go and apply for a state ID and a learner's permit? please let me know.... oh and i'm in Wisconsin and my I-94 is not valid anymore as its been way over 90 days. is that going to be a problem?

If your I-94 is expired then you won't be able to get one.

Here is a link to information for Wisconsin. http://www.dot.wisconsin.gov/drivers/drivers/apply/doc/proof-legal.htm

[AroojandAmin 7]

awww too late i guess..thanks for looking up the info for me. good luck with AOS proceedings

[MaureenPinastoSC 0]

So your wife got her SSN before her GC? Wow, that was impressive! In my case, I had to wait for my GC. The DMV required me to present to them my SSN and my GC before they hand me a paperwork to even start the written test to get a driving permit. In my own opinion, it might be best for your wife to wait for her GC so everything will just flow accordingly.

[Caryh 5,206]

They gave my wife one year to update her immigration status for a state ID while on her I-94. She got her learners permit before her EAD came in and just today she passed her drivers test to get a license. The permit was given between i-94 expiration and before the EAD arrived. They did mention the date she needed to update her status before, we had her EAD with though, so they extended the date out based on that into next February. I had not even noticed the status check date on her ID or permit until it was mentioned today.

As to AOS being completed in 2 months, I think the person who mentioned that was confusing it with the EAD. I only wish after waiting 6 months so far her green card would have come through.

[VanessaTony 3,567]

So your wife got her SSN before her GC? Wow, that was impressive! In my case, I had to wait for my GC. The DMV required me to present to them my SSN and my GC before they hand me a paperwork to even start the written test to get a driving permit. In my own opinion, it might be best for your wife to wait for her GC so everything will just flow accordingly.

ALL K1's can get SSN's. They just need to do it with more than 2 weeks left on their i-94. So not really "impressive"... we can all do it.

[spectec 12]

So your wife got her SSN before her GC? Wow, that was impressive! In my case, I had to wait for my GC. The DMV required me to present to them my SSN and my GC before they hand me a paperwork to even start the written test to get a driving permit. In my own opinion, it might be best for your wife to wait for her GC so everything will just flow accordingly.

The SSN was the easy part. I'm surprised you had to wait for the GC. The rules should be the same everywhere since it's issued on a K-1. Now my wife has the SSN and one years drivers license in her married name. Hopfully to come is the EAD, AP and GC all in her married name. No reason to go back for any name changes.

Edited May 22, 2012 by spectec

[Moomin 292]

So your wife got her SSN before her GC? Wow, that was impressive! In my case, I had to wait for my GC. The DMV required me to present to them my SSN and my GC before they hand me a paperwork to even start the written test to get a driving permit. In my own opinion, it might be best for your wife to wait for her GC so everything will just flow accordingly.

Again, it depends on the state. No reason waiting to get driver's license after getting EAD if that state accepts EAD(on the list of documents often mentioned in the manual). I have my permit and ready to get a driver's license in summer. Which is great since we're moving and I can't really go on highways on my scooter to work and would hate to quit my job because of not having a driver's license.

I do agree however, when it's a state like Cali or Florida - better wait until having the minimum requirements sorted out. Make the streets unsafe by driving scooter until then Getting familiar with traffic over here one way or the other.

[KayDeeCee 4,896]

Yes the SS office would not change the ssn name. He said it was correct as it is in the system showing the married name. He said DMV should have no problem issuing the license in the married name based on the documents I have.

We went to a different DMV office and they started to say the same thing again about the name doesn't match. By now Alya was getting very upset and walked outside. Anyone have any experience calming a upset Russian wife? It's not easy . While she was outside I asked for a supervisor and I continued to explain to clerk the NOA for the AOS shows her proper name now not the passport. She then said oh I didn't see that before . Anyway she agreed to enter the married name based on the NOA and it worked and the one year license was issued. When Alya came back in the problem was resolved. Thats one way to calm her. Give her what she wants!!!

Glad to hear they gave it to you with the AOS NOA.