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

[Expat1 971]

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.

There is often a limbo period (in many states) until at least the EAD card is received. The ONLY reason we got one right away in Texas is because the K3 is good for more than a year, otherwise we also would have had to wait for the EAD.

They either wanted an immigration document or an I94 with >1 yr expiration date. EAD was on the list. My wife's DL expiration date based on the K3 was the I94 expiration date.

Had my wife been K1, she would not have gotten anything because the I94 for K1 is <1 yr.

Just the way it is.

Edited February 19, 2016 by Expat1

[gimbaless 0]

Look at the Real ID Law of the Land:

https://www.dhs.gov/...id-act-text.pdf

A pending application of adjusting status to a LPR is as good as an unexpired non-immigrant visa for determining lawful status !!!

The Texas handbook link you added was invaluable. I will inform my State of Iowa Department of Transportation contacts on how to follow this law when using my beneficiaries alien numbers when checking the SAFE system now given notice and copies of their AOS NOA's.

http://www.visajourney.com/forums/topic/584757-getting-a-texas-drivers-license-during-aos/

[gimbaless 0]

Do a google search on "real-id-act-text" and the PDF link will work on the first listing.

[gimbaless 0]

And if you read about the expiration date in the Real ID Act ... "if there is no definite end to the authorized stay, a period of one year" is used as the expiration date !!!

Edited February 23, 2016 by gimbaless

[gimbaless 0]

The Real ID Act says for lawful status:

( B ) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--

(i) is a citizen or national of the United States;

...

(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;.

...

(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

NOTICE THAT IT SAYS "PENDING APPLICATION"

The Real ID Act says for lawful status expiration date:

( C ) TEMPORARY DRIVERS' LICENSES AND IDENTIFICATION CARDS-

(i) IN GENERAL- If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver's license or temporary identification card to the person.

(ii) EXPIRATION DATE- A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

This is the law of the land !!! Make our government follow the LAW !!!

https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf

Edited February 23, 2016 by gimbaless

[NikLR 13,232]

Dmv sucks in the US. They need to adopt license shops like they have in Alberta.