UGH! Can't drive??

[lisers76 1]

I went to the DMV a few weeks ago and took the written test and was issued the application for a drivers license. I paid the money, they took my picture and told me I would get my license in a few weeks. I thought that was that. So, today in the mail I received a letter saying that as of Dec. 14th my license is cancelled. I looked and noticed that my 1-94 expires on that day. I am confused though. When we were there they said my license would be valid from one year of my wedding d

I applied immediately after my wedding for AOS, but have yet to recieve my EAD and will be lucky if I can get even that by then. If I have it, will they accept that or do I have to wait until I get my greencard? Also, if it is suspended would I be able to drive on my Ontario license? And, how about my car insurance. When I got it, they said I had 60 days to get a MN license.

This sucks!!!!! So potentially I could have no license, no insurance and just have to sit in the house until my husband gets home. UGH! I am not looking forward to this AT ALL!!! Any guidance anyone can give me would be really helpful. I think these things vary from state to state so for the record I live in Minnesota. THANKS!

[Villanelle 4,122]

It varies state to state. As Im not in Minnesota I really have no idea what you would need.

We were in the same situation. The originally issued my husband a DL up until the date his i-94 was stamped valid until. Then once we received our 797 showing my husband applied for his AOS we were able to bring that back to the DMV and they extended his DL as they would anyone else (4 years expiration)

Some people in other states can not use 797 receipts though, they have to wait until they get an EAD card as proof of legal status.

So you can either make a trip to your local DMV and bring your 797 (along with your passport and other ID documents) and see if they'll accept that as proof of status or call them up)

[Grant PDX 183]

Oregon is the same, license expires when the I-94 expires. You can get it back only after you have your EAD or green card. It doesn't seem worth it much to go through the hassle only to have it for such a limited time. I still may do it with my fiancee, as it will give her some time at least, then will have to wait through the AOS process. At least you won't have to do the testing again...

[Harpa Timsah 13,258]

Your marriage, by itself, does not give you any legal status in the US. Sorry You should look up the MN DMV website for their regulations; usually people can get a DL with an EAD.

[lisers76 1]

The thing that sucks is the letter I got says I have to take the testing again and a re-in statement fee! The thing that irks me the most is that they told me it was good until a year after my wedding date. If they would have told me it was only good until December, I would have waited and driven on my Ontario license.

[agrabs 241]

Same thing happened to my husband. The DMV website in Missouri has listed that K 1 visa are eligible for a drivers license. I spent hours calling the state main office just to confirm that he could get his license and what the procedure was that we needed to follow. Of course he had to take all the written and skills tests and pay all the fees. He was issued a temporary license. 30 days later we then got a letter saying his license was cancelled because his 194 expired and he could only re-apply when he had documentation showing his legal presence. I called the DMV to see if we could use our receipt from aos and they said no. I asked why they let us go thru the process if this was going to be denied-since all 194 from k1 expire in 90 days and I was told by a supervisor that it is not the state that' denies them -that they send the info off to uscis to verify the legal status of the applicant and it is uscis that denies it.

Either way I think it's crummy and their has to be a better way for k1 who have met the requirements and are in aos to get a license. We are just trying to do things the right way.

That's what is so frustrating.

To make matters worse the supervisor at the DMV told me that since his 194 had expired he was here illegally and that I was lucky that she wasn't going to report us....

Edited November 10, 2012 by agrabs

[KayDeeCee 4,893]

Same thing happened to my husband. The DMV website in Missouri has listed that K 1 visa are eligible for a drivers license. I spent hours calling the state main office just to confirm that he could get his license and what the procedure was that we needed to follow. Of course he had to take all the written and skills tests and pay all the fees. He was issued a temporary license. 30 days later we then got a letter saying his license was cancelled because his 194 expired and he could only re-apply when he had documentation showing his legal presence. I called the DMV to see if we could use our receipt from aos and they said no. I asked why they let us go thru the process if this was going to be denied-since all 194 from k1 expire in 90 days and I was told by a supervisor that it is not the state that' denies them -that they send the info off to uscis to verify the legal status of the applicant and it is uscis that denies it.

Either way I think it's crummy and their has to be a better way for k1 who have met the requirements and are in aos to get a license. We are just trying to do things the right way.

That's what is so frustrating.

To make matters worse the supervisor at the DMV told me that since his 194 had expired he was here illegally and that I was lucky that she wasn't going to report us....

You should have told her to stick to DMV regulations and not try and do immigration's job because she doesn't know how it works. Your husband filed for AOS and that put him in a period of authorized stay. I would have not been polite any longer if someone had said that to me.

I think most states allow you to get a temporary license or state ID with the EAD. Here in FL my husband got a temp one with his EAD. They do still send them off for USCIS verification and then they mail them directly to you. It takes around 2 weeks to receive. When he got his green card, he had to go back to get one that was not temporary, and they still had to send it off for immigration verification.

[hamigirl710 112]

To make matters worse the supervisor at the DMV told me that since his 194 had expired he was here illegally and that I was lucky that she wasn't going to report us....

And did you tell her where to go? I would have been on the phone with her superior right after I ripped her up!! People have some nerve.....grrr

[Aschenbecher 16]

God has eqquiped you with two legs and a Bus/Train/Metro service in your area i hope. Use em.

[Villanelle 4,122]

trying to look up DMV requirements online is useless as it usually says something vague like 'you must be able to prove legal status' however it doesnt say what documents they accept as proof.

Like I said before some states will accept your 797 receipt for your 485 as proof, and almost will all accept your EAD card as proof.

You wont know until you either go down in person and have the clerk/supervisor look it up in their 'book of rules' or you call your states DMV hotline and specifically ask them if a 797 action letter on adjustment of status for permanent residency is proof enough for a DL or not. (personally I think going in person is better)

As for driving with a foreign DL, that varies state to state as well. Some states allow it for a few months, others allow it for up to a year. So youd have to check with them on that as well.

[Villanelle 4,122]

And yes its a major 'flaw' in the process for those who come in on K1 visas. There 194s get stamped for 90 days and then what? They get married and their stamp expires. Technically theyre not 'out of status, because they did get married in the 90 day period, but immigration leaves them hanging out to dry so to speak. They have no process where they can go down to the local service center through an infopass appt and obtain a new stamp. Theyre left with a passport with a stamp thats expired until they get their GC. Sure technically theyre not 'out of status', but it leaves the immigrant in the awkward position of having to explain that to the 'average' person in an authoritative position such as a DMV official, a bank employee or a potential employer who may have need to examine their passport.

[VanessaTony 3,567]

God has eqquiped you with two legs and a Bus/Train/Metro service in your area i hope. Use em.

First, not everyone believes in God so some people would find your assumption that they do, or that there IS a God, insulting. Also, what if said person is missing limbs for whatever reason? Sometime being snarky can be meaner than you intended.

And secondly no. In my area there are no buses, trains, taxis, subways etc. I live in small-town America. No licence means riding my bike or walking. The nearest town is a 15 minute drive doing 55mph, and even then it's not a big town. Nearest BIG town is 45 minute drive doing 65mph on the freeways.

[VanessaTony 3,567]

And yes its a major 'flaw' in the process for those who come in on K1 visas. There 194s get stamped for 90 days and then what? They get married and their stamp expires. Technically theyre not 'out of status, because they did get married in the 90 day period, but immigration leaves them hanging out to dry so to speak. They have no process where they can go down to the local service center through an infopass appt and obtain a new stamp. Theyre left with a passport with a stamp thats expired until they get their GC. Sure technically theyre not 'out of status', but it leaves the immigrant in the awkward position of having to explain that to the 'average' person in an authoritative position such as a DMV official, a bank employee or a potential employer who may have need to examine their passport.

Yes they are out of status even if they have married. They are accumulating out of status days. The only time their status is "safe" is when they file AOS. At that time they are a "period of authorized stay".

Also, no-one has a right to check my status ("examine their passport") unless they're ICE. There is no need to explain my status to anyone like those you mentioned. Until they have an EAD or GC they can't work so there's no employer. Bank isn't allowed to ask about status but they might. DMV can ask for proof of status but you don't need to "explain" yourself to them.

The stamp is STILL expired when they get their GC. They are legal to work once they get the EAD and in many states the EAD is enough to get a DL.

[Harpa Timsah 13,258]

trying to look up DMV requirements online is useless as it usually says something vague like 'you must be able to prove legal status' however it doesnt say what documents they accept as proof.

Huh, I found this quite easily. You can get a new license when you get your EAD in MN.

https://dps.mn.gov/divisions/dvs/forms-documents/Documents/IdentificationRequirements_English.pdf

Edited November 11, 2012 by Harpa Timsah

[Villanelle 4,122]

"out of status' vs "period of authorized stay" lol. Youre really just mincing words. My frustration stems from the fact that currently ucis offers immigrants admitted on k1 visas no proof of this 'period of authorized stay.'

Of course your position can be- to whomever is examining your passport, for whatever reason, youre not ICE and I dont have to answer to you what my status is, but its still a really crappy move on ucis's part to give k1 visa holders a 'period of authorized stay' and then NO proof of it.