Weird driver's license situation and AOS processing

[Marco&Bettina 502]

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.

Good luck actually trying to use that I-485 NOA1. They were not interested in it at 2 local TX DPS's we went to.

[almost_umrican 54]

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!

whenever you will the petition to become a permanent resident. you will receive a notice of receipt from USCIS which will say that you are lawfully living in the country until a decision is made on the petition. this is what you would like to use at the dmv. Also, on an average it takes 60 days to get work authorization after petitioning. this is exactly what i did. Also, like others said, you are allowed to drive for a year on a foreign license (but i think this varies by state).

[Henry357 70]

Good luck actually trying to use that I-485 NOA1. They were not interested in it at 2 local TX DPS's we went to.

Escalate to a supervisor. Both the law and regulations are clear on the mater.

[Marco&Bettina 502]

Escalate to a supervisor. Both the law and regulations are clear on the mater.

That is not a lie. But when you already wait in line for over an hour, only to have to sit there for even more hours while they're "researching", all the while trying to take care of other errands you have... Not exactly my idea of fun. So we chose to use what they would readily accept rather than waging a long, slow war against them.

[PickleChips 56]

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

I got my DL in Oregon with an EAD in September. What did they say to you?

[Henry357 70]

That is not a lie. But when you already wait in line for over an hour, only to have to sit there for even more hours while they're "researching", all the while trying to take care of other errands you have... Not exactly my idea of fun. So we chose to use what they would readily accept rather than waging a long, slow war against them.

Depends what your risk appetite I guess. The OP will have an expired license - a lot harder to talk your way out of a ticket compared to driving on a valid foreign license.

[NYCruiser 423]

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!

Hope I can help here. The DMV is absolutely correct here. We had the same experience in New York. They will not issue to anyone out of 'status'. The K1 is an exception but the USCIS does not make it clear on that. So what you have to do is wait unfortunatelely until your Work {Permit comes with a one year duration. THEN go to the DMV and they will renew for another year up to the validity of the Work Permit. (You did submit paperwork with the AOS for the work permit and Advance Parole travel doc?) IT took 2 months to the day to get his. THEN after you get the Green Card (Conditional for two years), you go AGAIN to the DMV and they renew for two years this time. Then after the Conditional Green Card to renewed for 10 years then you go AGAIN....

Also, dont forget when you get the Green Card to go to the SS Offices and remove that Statement on the Social Security Card that says 'Not Valid without DHS authorization'....

Paperwork, paperwork......:-(

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.

Unfortunately, he could not use his African Drivers License at all as the K1 is considered an Immigrant Visa. Tje 90 days validity of foreign licenses is just for tourists.....

Depends what your risk appetite I guess. The OP will have an expired license - a lot harder to talk your way out of a ticket compared to driving on a valid foreign license.

For us we went on the website for New York DMV (mind you another terrible illegal migrant state and filled with undesirables) and booked an appointment. They saw us within 10 minutes. Does Texas have that?

[TBoneTX 45,310]

A post in which lying to authorities was recommended, and a post quoting, have been removed.

VJ Moderation

[Marco&Bettina 502]

Depends what your risk appetite I guess. The OP will have an expired license - a lot harder to talk your way out of a ticket compared to driving on a valid foreign license.

Can't disagree with you there but what's done is done.

Unfortunately, he could not use his African Drivers License at all as the K1 is considered an Immigrant Visa. Tje 90 days validity of foreign licenses is just for tourists.....

For us we went on the website for New York DMV (mind you another terrible illegal migrant state and filled with undesirables) and booked an appointment. They saw us within 10 minutes. Does Texas have that?

No.

Edited December 29, 2015 by Marco&Bettina

[Pennycat 880]

Hoping I'm not out of line here but this is a fresh-on-my-mind need-to-make-decision-soon issue.... So from reading all this mess, am I correct in assuming that adding a change of name to the mix would NOT be advisable?

Passport and visa with one surname combination, SSN, NOA1 and EAD in a different combination? No photographic ID of the "new" combination?

[Hypnos 6,576]

You are unlikely to get TX DPS to recognise an I-797C for an I-485 as pending AoS. I tried and failed; others on this thread tried and failed.

An EAD is likely what you will require.

[Henry357 70]

You are unlikely to get TX DPS to recognise an I-797C for an I-485 as pending AoS. I tried and failed; others on this thread tried and failed.

An EAD is likely what you will require.

Has anyone tried to appeal to Austin?