State of Iowa will not issue State ID/DL for K-1 spouse after I-94 Admit Until Date

[gimbaless 0]

K-1 Visa POE Chicago 12-28-2015. I-94 K-1 Visa Admit Until Date: 03-26-2016.

Immediately got K-1 fiancee an Iowa ID with expiration date based on her I-94 K-1 Visa Admit Until Date of 03-26-2016 at the Iowa Department of Transportation (DOT).

We got married and received AOS NOA dated 02-03-2016. Went to the Iowa DOT with marriage certificate and AOS NOA documents to change her name and found out that the Iowa DOT will only issue a Iowa ID or DL with the 03-26-2016 date and they will not use her foreign passport expiration date.

The Iowa DOT says they want an immigration document that shows her immigrant status with a date like a green card and that the AOS NOA document does not show a new immigrant status (just that she applied for adjusting status).

This means that the State of Iowa will not let my K-1 spouse be a legal resident of Iowa or have an Iowa Driver's License after the I-94 K-1 Visa Admit Until Date of 03-26-2016 and until she gets her green card.

I have contacted the Iowa DOT legal department to get their opinion.

I am very interested to know other VJ member experiences because I have never seen any posts about a problem like this and I think Iowa DOT has a problem understanding the K visa process. Is there really a limbo time period between the K Visa I-94 Admit Until Date and actually getting a green card to prove legal immigration status in order to have a valid State ID and DL? This does not make sense.

Edited February 17, 2016 by gimbaless

[Merrytooth 5,748]

Same thing for Minnesota DMV.

My Driver License only valid till my I-94 expiration date for whatever type of visa I had before.

You can renew your Driver License once you got the EAD card -> again the validity will only dependent on EAD expiration date.

Or wait till you have a green card in hand.

[Amhara 460]

Same thing in Texas. My husband got his DL about a month after he arrived (needed to take driving class for a new driver) and he was issued a "limited term" DL, which expired on I-94 date. He can get the regular license once we have EAD or the GC approval letter. I thought we could give the NOA for AOS, but they want the I-797, NOT the I-797C!

https://www.uscis.gov/i-797-info

[Amhara 460]

I think it has something to do with becoming REAL ID compliant? I don't know, but it's a little frustrating for AOS'ers or pre-AOS'ers on K-1 knowing your spouse is here legally, but not being able to get government service.

http://www.dhs.gov/secure-drivers-licenses

[Dashinka 24,800]

Michigan is the same way. My wife got her DL issued for the date on the I94 with her K1 entry. We went back with the 2 yr GC and they issued a new one good for two years (regular cadence is three years).

[Darnell 8,479]

The Iowa DOT says they want an immigration document that shows her immigrant status with a date like a green card and that the AOS NOA document does not show a new immigrant status (just that she applied for adjusting status).

Try again, after EAD card in hand.

And don't forget, EAD application and AP application fees are waived when filed together with the I-485.

Go Get Em, and Good Luck !

[Darnell 8,479]

Is there really a limbo time period between the K Visa I-94 Admit Until Date and actually getting a green card to prove legal immigration status in order to have a valid State ID and DL?

Yes.

A Real Limbo Time.

[gimbaless 0]

This was very helpful. Thank you. I had never seen this information before.

Question: Has anyone had success with actually using the EAD card (before the Green Card) to get the State ID or DL to be valid again?

[Darnell 8,479]

iowa is similar to other states,

as

the SAVE database is utilized more and more across the USA.

Are you on a PC? There's this really cool 'advanced search tool' in the upper right hand corner of the frame. [not google search]

[Amhara 460]

This was very helpful. Thank you. I had never seen this information before.

Question: Has anyone had success with actually using the EAD card (before the Green Card) to get the State ID or DL to be valid again?

No, but we are hoping to be in that situation in another few weeks. Are you concerned about the sort of documents you can use? For Iowa and given the K-1 visa entry, you can provide:

• Unexpired Permanent Resident Card (Form I-551)
• Unexpired Employment Authorization Document (Form I-766)
• Unexpired foreign passport accompanied by the approved I-94 documenting the applicant's most recent admittance into the United States

It looks like you are going to need to wait for the actual card in hand.

http://www.iowadot.gov/mvd/realid/success_2.html?age=I%27m+18+or+older&submit=Next

[gimbaless 0]

Thank you for that direct link. I really appreciate the responses.

[JR loves JR 196]

My husband (in Minnesota) got his license with his EAD. It was only valid for 1 year (like the EAD). It won't hurt to try with just the EAD.

[Wooderz 314]

My husband got his license last week with his EAD. Haven't received the actual license in the mail yet, but assume it's only valid until EAD expires, like everyone else said.

[HK12 273]

I got my learner permit with only the EAD in Oklahoma. It depends on the laws of your state, though.

[B-2-Z 37]

Same issue for me here in ND. Once I got my EAD I was issued one, but only for a year. They told me once I have my GC in hand to go back in, and they'll then date it for 2 years.