DMV vs. AOS NOA ?

[sansalvador9 0]

We have been to the DMV 5 times now, every time needing something else,

and then finally the last time they said too much time had passed on our original K1 visa

and that we were now less than 61 days to its expiration and because of

that they wont give my wife her permit license, she doesnt have international drivers license

so she is really stuck at home while I am at work all day

We today have gotten first NOA "receipt" I-797C from our AOS package,

is this what the DMV needs or do we have to wait for yet another letter

regarding our AOS indicating NOA "approval" rather than just "reciept" ?

and if so how long after receipt does that sometimes take others?

thank you

[Jahan&Veena 4]

I am not too sure about the DMV rules in your State, but here in NC the I-797C (or NOA1) can only be used as a proof of address, it can NOT be used to to show your status in the USA.

I recently got my driver license and posted some good info on how to get the license. Read my post here it should be useful for you as I had less than 45 days remaining on my I-94 but I still got my Learner Permit and now my Driver License even though I have NOTHING else other than a Social Security Card (yet).

Jahan.

[perfect 39]

It sounds the same as California which will not issue license if you have less than 60 days validity on your I-94 or K1. You will need not your I-797 NOA for AOS but the approval notice, so that may be some way off - I don't know. The NOA is just notice that they have accepted your petition, but the DMV requires evidence that the petition ahs been approved.

Check your own state - but this is what CA says, and it sounds like your state may be similar:

Only the original or a certified copy of one of the following documents is acceptable:

Permanent Resident Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Employment Authorization Card

Permanent Resident Re-entry Permit

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

Your legal presence document must have an expiration date 30 or more days from your application date. If your Legal presence 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 legal presence 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.

[Kathryn41 3,205]

Does she have a driver's license from her home country? How long is she allowed to drive with that in your state? That might be one of her options for the time being. Does your state allow for an EAD to be used as proof of status? If so, did you apply for one? That may well be processed faster than the AOS.

[tiberonsuave 0]

We have been to the DMV 5 times now, every time needing something else,

and then finally the last time they said too much time had passed on our original K1 visa

and that we were now less than 61 days to its expiration and because of

that they wont give my wife her permit license, she doesnt have international drivers license

so she is really stuck at home while I am at work all day

We today have gotten first NOA "receipt" I-797C from our AOS package,

is this what the DMV needs or do we have to wait for yet another letter

regarding our AOS indicating NOA "approval" rather than just "reciept" ?

and if so how long after receipt does that sometimes take others?

thank you

It can be very frustrating. In Louisiana, I had to research the law and teach the DMV the law. It varies from state to state. The New Jersy on line DMV does not detail your requirements. Be patient and persistant.

Good luck,

Tony

[Reba 2]

Actually, in NC, the NOA does prove residency in the state, which is all the DMV wants as proof of residency (on the list of approved documents to prove state residency, is anything from the state or federal government addressed to you at your address within the state, not a PO Box). They don't need proof of "legal residence" in the US, that's up to the federal government. However, for a K1, because it expires 90 days after you arrive, you are technically between statuses, so in most states, not eligible for a driver's license until you get your EAD or green card.

[jsnearline 2]

Some states will accept an EAD as proof of legal presence. In our case, we were lucky and the Virginia DMV gave my wife a license based on the I-797C and marriage certificate she presented to them.

[sardinte 0]

In Phoenix our I-797c for AOS worked.

[KarenCee 3]

Actually, in NC, the NOA does prove residency in the state, which is all the DMV wants as proof of residency (on the list of approved documents to prove state residency, is anything from the state or federal government addressed to you at your address within the state, not a PO Box). They don't need proof of "legal residence" in the US, that's up to the federal government. However, for a K1, because it expires 90 days after you arrive, you are technically between statuses, so in most states, not eligible for a driver's license until you get your EAD or green card.

In Georgia, that wouldn't work for us. I offered to show the guy my husband's NOA1 for his AOS and EAD. He said regardless of the fact that it was a government document, we couldn't use it as proof of residency. As he said, for all he knew it could have been forwarded from a previous address. We told him that the USCIS doesn't allow their documents to be forwarded but he wouldn't have any of it. Fortunately he let us use MY driver's permit as proof of residency. How that made sense is beyond me. At any rate, my husband now has his driver's license (after getting his EAD card) and all's well for the moment.

[Cassie 8]

Actually, in NC, the NOA does prove residency in the state, which is all the DMV wants as proof of residency (on the list of approved documents to prove state residency, is anything from the state or federal government addressed to you at your address within the state, not a PO Box). They don't need proof of "legal residence" in the US, that's up to the federal government. However, for a K1, because it expires 90 days after you arrive, you are technically between statuses, so in most states, not eligible for a driver's license until you get your EAD or green card.

In Georgia, that wouldn't work for us. I offered to show the guy my husband's NOA1 for his AOS and EAD. He said regardless of the fact that it was a government document, we couldn't use it as proof of residency. As he said, for all he knew it could have been forwarded from a previous address. We told him that the USCIS doesn't allow their documents to be forwarded but he wouldn't have any of it. Fortunately he let us use MY driver's permit as proof of residency. How that made sense is beyond me. At any rate, my husband now has his driver's license (after getting his EAD card) and all's well for the moment.

same with Oklahoma. Only the EAD card or the permanent residency card will do.

[noviademexicano 0]

Sad but true, today was our second attempt at trying MO DMV will not accept AOS receipt, they want the approval. On line it states differently but they are not going by that. I showed them the AOS reciept, and notice that it is pending, bank statement and expired ID, along with his passport and i-94. The lady at the counter said to get something current, with a date, visa is expired and i-94 is expired. I told her I wish it was that easy. I argued with the tigresses there, and the security guard almost had to step in, but I told them they were full of it and did not know what they were doing. I also wrote to the Main DMV for the state of MO asking them to explain why they have it online and when someone goes in they don't go by the same guidelines. I guess we will have to wait until he gets approved.

Edited January 27, 2007 by noviademexicano

[DelcoCouple 1]

We have been to the DMV 5 times now, every time needing something else,

and then finally the last time they said too much time had passed on our original K1 visa

and that we were now less than 61 days to its expiration and because of

that they wont give my wife her permit license, she doesnt have international drivers license

so she is really stuck at home while I am at work all day

We today have gotten first NOA "receipt" I-797C from our AOS package,

is this what the DMV needs or do we have to wait for yet another letter

regarding our AOS indicating NOA "approval" rather than just "reciept" ?

and if so how long after receipt does that sometimes take others?

thank you

....... The New Jersy on line DMV does not detail your requirements. Be patient and persistant.

Good luck,

Tony

Yes it does.

http://www.state.nj.us/mvc/pdf/Licenses/id..._posterpint.pdf

Edited January 27, 2007 by DelcoCouple

[belladona_ph 0]

Hello San Salvador,

From where I am in Oregon, I never had a problem with DMV. When I migrated here and married my husband, the first document I had with my married name is the State I.D. When I applied for State ID at DMV, I presented my passport and they saw the fiancee visa stamped on it ( it was still valid then) and I gave them a copy of my marriage certificate. I was issued an ID. So when I took and passed the DMV knowledge test, I was issued a Permit, as they already have my records with them. Then after a few months, I took the driving test and passed it and I was issued my driver's license.

I think it differs from state to state. I never had a problem getting my SSN too.

Good luck again on your dealing with DMV. I've read some information on some of the answers to your questions, with regards to documents to be presented.

jan

[M. 0]

In NJ, my husband got his once he had his EAD in hand. They told us nothing other than the EAD or Green Card would do to prove status, but luckily he got his EAD fairly quickly. Just our experience.