Difficulty in getting a STATE ID

[slowslc 0]

All,

My wife and I just went to the RMV to get her a STATE ID. The officer was not able to issue the ID because of the following reasons - EXPIRED I-94 on her Foreign Passport. Let me explain the sequence of events.

1. She arrived to USA under a fiancee visa (which expires after 90 days) 2. We got married - this OVERRIDES the EXPIRATION of the fiancee visa status time limitation (per Department of Homeland Security) 3. Current filing for adjustment of status (Green card) and case pending.

She has a valid Social Security #, valid Bank Statement (showing proof of residence), marriage certificate and a valid current Foreign passport (with expired I-94 - which is obsolete anyways.)

What do you suggest? I've even written to the department of motor vehicles and explain the situation and they replied "she has to wait for her status change ie when her g.card gets approved).. Arghhhh !!

Thanks

d

[Jen&defs 0]

Same mine 2day :crying:

[Oksana & Max 94]

All,

My wife and I just went to the RMV to get her a STATE ID. The officer was not able to issue the ID because of the following reasons - EXPIRED I-94 on her Foreign Passport. Let me explain the sequence of events.

1. She arrived to USA under a fiancee visa (which expires after 90 days) 2. We got married - this OVERRIDES the EXPIRATION of the fiancee visa status time limitation (per Department of Homeland Security) 3. Current filing for adjustment of status (Green card) and case pending.

She has a valid Social Security #, valid Bank Statement (showing proof of residence), marriage certificate and a valid current Foreign passport (with expired I-94 - which is obsolete anyways.)

What do you suggest? I've even written to the department of motor vehicles and explain the situation and they replied "she has to wait for her status change ie when her g.card gets approved).. Arghhhh !!

Thanks

d

This is really depends on the State in which you leave. Some states will let you get it while some not. Have you tried to talk to a supervisor, as sometimes the workers have no idea. If you already filed for AOS, you should get your EAD, soon, you could try to use your EAD to get State ID, as it is a legal binding document.

[Harpa Timsah 13,258]

Most people cannot get a State ID until they have the GC. Sometimes they can get it with EAD (depending on the state laws as stated above).

BTW, getting married most certainly does NOT override the expiration on the K-1 visa. No way, no how.

You will just have to wait.

[Inky 1,111]

2. We got married - this OVERRIDES the EXPIRATION of the fiancee visa status time limitation (per Department of Homeland Security) 3. Current filing for adjustment of status (Green card) and case pending.

Sadly this is incorrect. Getting married does not override the K-1 visa expiration OR the I-94 expiration. They both still expire regardless of marriage.

Getting married within the 90 days after entry is for fulfillment of the Visa requirements.

[JohnR! 5,495]

1338920076[/url]' post='5421167']

All,

My wife and I just went to the RMV to get her a STATE ID. The officer was not able to issue the ID because of the following reasons - EXPIRED I-94 on her Foreign Passport. Let me explain the sequence of events.

1. She arrived to USA under a fiancee visa (which expires after 90 days) 2. We got married - this OVERRIDES the EXPIRATION of the fiancee visa status time limitation (per Department of Homeland Security) 3. Current filing for adjustment of status (Green card) and case pending.

She has a valid Social Security #, valid Bank Statement (showing proof of residence), marriage certificate and a valid current Foreign passport (with expired I-94 - which is obsolete anyways.)

What do you suggest? I've even written to the department of motor vehicles and explain the situation and they replied "she has to wait for her status change ie when her g.card gets approved).. Arghhhh !!

Thanks

d

There is no one-size fits all in your case, unfortunately. IDs and DLs fall under State jurisdiction so in principle she would need to prove she is a resident of the State where you live first. The catch is that she can prove she is a resident of the State but she cannot produce federal documentation as to her status in the country, hence the runaround and the demand for current residency papers. Just hang in there a little longer..l

[Alex and Sofya 7]

Did you show a receipt for AOS?

It proves your status in PA state, so it might work in your state too.

[Penny Lane 8,159]

1. She arrived to USA under a fiancee visa (which expires after 90 days) 2. We got married - this OVERRIDES the EXPIRATION of the fiancee visa status time limitation (per Department of Homeland Security) 3. Current filing for adjustment of status (Green card) and case pending.

The visa expires the moment it's used to enter the United States. The I-94, that is valid for 90 days, is what keeps the beneficiary in status. Once that expires, they are OUT OF STATUS. But that is forgiven once AOS is filed for. I'm not sure where you got the impression that marriage overrides the expiration of anything.

Anyway, I could not get a state ID until I had my EAD in hand, seeing as my I-94 was expired as well. It varies by state. Check your state's DMV website and see what their requirements are.

Edited June 5, 2012 by Evylin

[Tinchen_ 21]

u can show them ur I-797 that u applied for the green card or ur EAD if u have it already.

[Boiler 46,320]

In my State it is the same as a DL, you need EAD.

[slowslc 0]

Thanks guys/gals. I am the OP.

Yes - I misquoted. We married within 90 days .. That's what I meant to say.

I already got the I 797 Notice of Action for the I-485 application. Is there a website to say this is a valid document pending final adjustment of status. I am in Massachusetts.

I have a feeling that IF I went to the DMV before the I-94 expiration date, it would'nt have been an issue???

[Inky 1,111]

I have a feeling that IF I went to the DMV before the I-94 expiration date, it would'nt have been an issue???

Most probably correct.

[Alex and Sofya 7]

https://secure.rmv.state.ma.us/PolicyBrowserPublic/PolicyBrowser.aspx?turl=WordDocuments/Transactions/massachusettsid.htm

Acceptable Immigration Documents

The list of valid immigration documents that may be used in a transaction are as follows. If the document has an expiration date which has passed, the document is not acceptable:

1. Certificate of Naturalization: N-550, N-570, or N-578

2. Certificate of Citizenship: N-560, N-561, or N-645

3. United States Citizen Identification Card: I-179 or I-197

4. Permanent Resident Card (“Green Card”): I-551

5. Temporary Resident Identification Card: I-688

6. Record of Departure (in valid foreign passport): I-94

a. The I-94 and the valid foreign passport it is within count as only one acceptable document.

7. Processed for I-551 stamp (in valid foreign passport)

8. United States Permanent Resident Re-entry Permit: I-327

9. United States Refugee Travel Document: I-571

10. Employment Authorization Card: I-688B or I-766

11. Documents specific to the customer based upon decisions of the United States Department of State, United States Department of Justice (including Executive Office for Immigration Review, Board of Immigration Appeals and former Immigration and Naturalization Service), or United States Department of Homeland Security (including Bureau of Citizenship and Immigration Services)

All immigration documents presented by the customer must have his/her signature on them.

[NancyNguyen 1,658]

Here is the acceptable documents list: http://www.mass.gov/rmv/license/AcceptableId.pdf

You need at least EAD to obtain Mass ID.

Edited June 5, 2012 by NancyNguyen

[hnubno 9]

If you got id or drivers license before I-94 expired they would have had the id expire when the I-94 expires.

My husband was able to get a WI drivers permit with passport, I-94 (expired), NOA from AOS, utility bills (with name and address), and SSN. We are using his permit as ID. Every state is different tho.

Edited June 5, 2012 by hnubno