Weird driver's license situation and AOS processing

[Anthony and Becky 6]

Hi everyone,

My date of entry into the US on a K1 visa was November 21st 2015, so my I-94 in my passport was stamped as expiring on February 18h. My fiancée and I got married on December 12th and I traded in my Quebec driver's license in for a Texas one on December 15th. Our Adjustment of status, temporary work authorization and travel authorization was submitted on December 22nd.

I just received my Texas driver's license in the mail and it has an expiry date of February 18th (the same date as my I-94). When I called them to find out why, they said that they had to make it expire on the same day as my I-94 expiry because according to the I-94, after that date I would be in the country unlawfully. The guy said that the only way they can change that is to provide new paperwork showing that I'm allowed to be in the country past the 18th of February. So basically, after the 18th of February, I w lol no longer be allowed to drive legally here. (Had I decided to keep my existing Quebec license, it would have still been valid).

Given that on average it's taking 75 days to process the I-485 and other forms, and that I probably won't have any new paperwork to show the license people, does anyone have any suggestions on what I need to do?

Kind of annoyed here.

Thanks!

[goolia 54]

Unfortunately, the only way to renew your license beyond that date is to show them the EAD (and even that can be a hassle as the DMV may insist on a green card). There are numerous threads on this matter. Try reading through them to see if Texas would allow you to renew it with just your EAD. I'm sorry about your situation . I, like many others, was devastated to find out about all the roadblocks in getting a valid license from your state.

[Marco&Bettina 502]

Hi everyone,

My date of entry into the US on a K1 visa was November 21st 2015, so my I-94 in my passport was stamped as expiring on February 18h. My fiancée and I got married on December 12th and I traded in my Quebec driver's license in for a Texas one on December 15th. Our Adjustment of status, temporary work authorization and travel authorization was submitted on December 22nd.

I just received my Texas driver's license in the mail and it has an expiry date of February 18th (the same date as my I-94). When I called them to find out why, they said that they had to make it expire on the same day as my I-94 expiry because according to the I-94, after that date I would be in the country unlawfully. The guy said that the only way they can change that is to provide new paperwork showing that I'm allowed to be in the country past the 18th of February. So basically, after the 18th of February, I w lol no longer be allowed to drive legally here. (Had I decided to keep my existing Quebec license, it would have still been valid).

Given that on average it's taking 75 days to process the I-485 and other forms, and that I probably won't have any new paperwork to show the license people, does anyone have any suggestions on what I need to do?

Kind of annoyed here.

Thanks!

I created a thread dedicated to this very topic in your same state: http://www.visajourney.com/forums/topic/531534-how-to-get-tx-dl-or-id-as-adjusting-k-1/#

[Anthony and Becky 6]

Thanks Marco! Very helpful! I guess I should have waited until I got the EAD/AP card before swapping my DL for a TX DL. Hopefully our stuff gets approved before my limited term license expires to minimize the amount of time I can't drive.

[caliliving 606]

i drove on my Canadian license and it was never a problem. My 2 friends did as well and we had no problems.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Moving to the US and Your New Life in America Forum~

~Similar topics are often discussed at this forum~

[Dashinka 24,499]

Yes, my wife was in the same boat. She got her temp permit until the I94 expired, then we waited for the GC to get it renewed which now expires with the GC. I think Michigan allows you to use the EAD, but the GC came less than two months after the EAD, we decided to wait.

Good Luck!

[EricAndOrn 30]

Problem is, the driver's license folks are being asked to interpret immigration law.

While you are adjusting status, you are in the US with legal presence under authority of the attorney general.

If your state, and texas does, grant licenses to DACA beneficiaries, K-1 adjustees should be able to get one too, because both groups are in the same legal status.

Don't just talk to the person behind the counter, escalate the matter to the top person in the DMV department of the state.

[Hypnos 6,576]

In Texas you will need an EAD to receive an ID card/DL that lasts beyond your I-94.

I tilted at that windmill here with DPS myself, and they insisted on an EAD. It's also in line with the information they publish on their site. As a deep red state it's not surprising that they are inflexible in this regard.

[NikLR 13,227]

Most states will require at least an EAD to show legal presence. There are a few that don't but in January those driver's licenses from those particular states will pretty much only work for driving, not as government ID.

Yes you should've waited but what's done is done. Hopefully your EAD will get here soon and you can update your license. Remember to update it again after getting your green card and then again at the 10 year card.

I was fortunate in Colorado because they gave me a 5 year date on the card despite only having a 2 year green card at the time.

[Hypnos 6,576]

They made a mistake with mine too. According to their guidelines the ID card they gave me should have been set to expire when my EAD expired; instead they made it a ten year validity.

I did not complain about this turn of events.

[Pedrita 21]

I had a similar situation with my former appliucation, when I was still in the USA adjusting status.

After they issued me a VA Driver´s License with a short expiration date, I went back to DMV with all my receipts from USCIS to prove that I was adjusting status in the country, insisted a little bit so they could really understand where I stood at that moment, they had to call the headquarters in Richmond, VA, scan all my receipts from USCIS and marriage certificate and send it all to Richmond for them to analyse my case. I sat there at the DMV for a couple of hours but had a new "conditional" DL issued for one more year.

I don´t know how it works in TX but hopefully this can be helpful to you.

Insist! Sometimes the DMV people (specially if you live in an "all American town" like I was) just don´t understand what your legal status is because they are not used to dealing with immigrants, USCIS, etc.

Edited December 29, 2015 by Pedrita

[Marco&Bettina 502]

i drove on my Canadian license and it was never a problem. My 2 friends did as well and we had no problems.

You're not in TX.

[glazierguy 20]

EAD is NOT enough in Oregon, just went through this #######!!! Also have to have a SSN. I was furious!!!!

[Henry357 70]

Apparently you can use your NOA 1 (I-797) in Texas:

Applicants for adjustment of status Note: These are individuals applying to become lawful permanent residents.

Immigration documentation with an alien number or I-94 number This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status.

http://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

Note: you still need a SIN which you can get with a K-1.

I am just keeping my Canadian License until I get my GC. I want to deal with DPS as little as possible. Canadian DL is suppose to be accepted by TSA, insurance companies ect so I don't really see a point. My wife's insurance accepted it without issue and even lowered our rates because of age/driving record. Only issue I had so far was the county required a copy of my passport to title my car.

Edited December 29, 2015 by Henry357