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NYCruiser

State ID/Drivers License and K1/AOS Timelines

By NYCruiser in K-1 Fiance(e) Visa Case Filing and Progress Reports

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NYCruiser Proficient

NYCruiser   423

Posted
Filed: K-1 Visa Country: Kenya
 Timeline
Posted

Hello

Has anyone had an issue with the fact that some states will not issue a State ID OR allow you to apply for a Road Test for a Driver License due to the fact that in their eyes you are only 'legal' for 3 months?

My situation is the CPB authorization is until thje end of February. The road test is March of this year. I cannot take the road test as I will 'be out of status' in the BMV eyes.

I called USCIS and they told me to make an info pass for a stamp in the passport to take to BMV....has anyone heard of this?

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TheCaptain Explorer

TheCaptain   67

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

You need to wait for the EAD to be issued. You will not be able to get a drivers license until then. The BMV does not have any way to validate you have legal status due to being in a "limbo" state from requiring 6 months validity on a visa minimum or evidence of residency (Which the next of those is EAD) so there is nothing that you can do. USCIS can't help as the BMV can only accept valid identification. (Visa Stamp, EAD, Green Card). Even if the stamp was a valid form of ID the BMV has the sole option to accept or deny any Identification documents. The EAD is the best way and will allow for a 12 month drivers license until your AOS is complete and you have your green card.

Hopefully you applied for the EAD at the time of AOS otherwise you will be waiting until you receive your NOA-2 for your AOS application (797A) which could be 7-9 months away.

Edited by TheCaptain

My AOS Journey

11/11/14 - POE

12/12/14 - Married

12/15/14 - AOS/EAD Submitted

12/22/14 - NOA 1

01/13/15 - Biometrics

03/20/15 - Notice Of Potential Interview Waiver Received - 6 Month Delay

09/21/15 - NPIW Expired

10/16/15 - Service Request 1 submitted - Local office past my case

10/17/15 - Service Request Response - Currently being adjudicated, No timeline. Please wait

10/19/15 - Contacted Local Congressman. Request Submitted

11/19/15 - Response from congressman. Currently being adjudicated. Please wait. No Timeline

11/27/15 - Letter from Local Field office requesting missing I-693.

12/21/15 - Infopass Appointment regarding notice - I-693 not required for K1 Visa. Officer stated he would request local officer to contact me

12/22/15 - 1 Year since NOA 1

12/29/15 - Had original K1 I-693 medical form transcribed by US panel doctor and submitted to USCIS.

01/06/16 - Service request 2 submitted

01/19/16 - Interview Appointment Received

02/09/16 - Interview - APPROVED

02/12/16 - 2 Year Green Card In Hand

12/26/17 - ROC Submitted

01/08/18 - ROC NOA1 Recieved

10/06/18 - Received 18 Month Extension Letter

01/17/19 - Removal of Conditions - Approved

01/23/19 - Received 10 year Green Card.

 

My Citizenship Journey

12/06/18 - N400 Submitted

12/18/18 - N400 Biometrics Appointment Received

12/26/18 - Biometrics Complete - Expected completion Feb 2020 (13 Months)

04/28/19 - So far lots of USCIS "nothing has changed" bi weekly status update e-mails.

05/07/19 - Received notification that my N400 interview had been scheduled.

05/08/19 - N400 Interview letter was available to view online.

05/13/19 - Received physical copy of N400 interview letter in mail.

06/14/19 - N400 Interview Passed. Recommended for citizenship.

06/22/19 - N400 Approved

07/24/19 - Oath ceremony scheduled

 

 

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NYCruiser Proficient

NYCruiser   423

Posted
Filed: K-1 Visa Country: Kenya
 Timeline
  • Author
Posted

You need to wait for the EAD to be issued. You will not be able to get a drivers license until then. The BMV does not have any way to validate you have legal status due to being in a "limbo" state from requiring 6 months validity on a visa minimum or evidence of residency (Which the next of those is EAD) so there is nothing that you can do. USCIS can't help as the BMV can only accept valid identification. (Visa Stamp, EAD, Green Card). Even if the stamp was a valid form of ID the BMV has the sole option to accept or deny any Identification documents. The EAD is the best way and will allow for a 12 month drivers license until your AOS is complete and you have your green card.

Hopefully you applied for the EAD at the time of AOS otherwise you will be waiting until you receive your NOA-2 for your AOS application (797A) which could be 7-9 months away.

Sigh...thanks..thats what I thought. The USCIS person (second tier) was obviously feeding me a 'line'

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