Issues with DMV while I-485 in process

[neilpeart1 0]

All,

I have a question after my wife and I visited DMV to apply for identification card and written test.

we recently applied for I-485 package and now wanted to take permits at DMV.

My wife was rejected to do anything because her I-94 is about to expire on 4/8.

we were married on 2/14 and had to go through some issues with SSA to change her last name on the card.

now she has last name changed on her Social Security Card and submitted I-485. we though we're ready to apply for Identification Card and Written Test. By the way, Bank requires photo ID with the last name changed to change her name for our joint account.

Is there any documents we could provide DMV to go through this procedure? or do we just have to wait months to get green card?

this is so frustrating and ridiculous. making nonsense fact that she can't live here with her last name changed, no driving and no identification.

[Harpa Timsah 13,258]

AOS-pending is a limbo status and will generally not satisfy DMVs for the authorized presence test. You'll most likely have to wait until EAD, but you can check your state's local statues.

[Jeremy12095 8]

You are going to have to wait for that.

"Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information."

So if your wife's current document expires in less than 30 days you will not be able to get anything until you get a new document. In the mean time your wife should have a passport and that should be enough Photo ID for a bank. Also she may be able to drive with her valid foreign drivers license for a little while each state has laws on that one. http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

[Jeremy12095 8]

what kind of visa is your spouse here on now? IF she has a valid EAD card than according to the list that could be used.

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Employment Authorization Card

Edited April 3, 2014 by Jeremy12095

[neilpeart1 0]

she came here with K-1 visa.

also we've booked for a flight to New York in May. she booked with her new last name but since she doesn't have any photo id with name changed, should she just use her old name as it is shown on her passport?