I-94 and drivers license

[Tierpolizistin 0]

Hi everyone. Looking for any input here. 

 

My newlywed husband arrived here with his K1 Visa on 14 November. We married (eloped due to the K1 time constraint and will later have a wedding ceremony). His Visa expires on 13 March 2017. 

Yesterday we went to a Third Party Motor Vehicle Services place to change my name on my Arizona driver's license, and obtain his Arizona license. I had contacted the actual Arizona DMV back in December right after we married and they said to get his SSN first, and then all we need to bring was his passport, and his German license, and they said a German license will transfer over to an Arizona one - no need to re-test. 

 

No DMV here in Arizona is open on weekends anymore, and without his EAD, I am working two jobs currently to support us, so that was why we went to a 3rd Party place that handles licensing. Needless to say they were rude and idiots. Tried first telling me his visa was expired and he was going to be deported. I had to get an attitude right back with the guy and point out his visa was valid until March 13th. They finally got a Supervisor to verify some stuff with US Customs and they said that his I-94 was "Admit Until" February 11th and said he would need his EAD before they could issue his license. My Immigration lawyer said nothing about this...and as far as we knew it only mattered when the visa expired.

 

Either way, we did fulfill the legal requirement of the K1 since we got married back in December, which is way before March 13 or also his "Admit Until" date. 

 

But now I am in a panic because I don't want my husband in violation of anything. We are about to file for his AOS and EAD - we have his AOS Immigration exam on 1st March. I have gathered all evidence of our life together as a married couple with bills in both names, a new car purchased with the title/registration in both our names, rental agreement for our house in both names, etc. I wanted also to add him onto my Credit Union bank account but they can not do that until he has US Identification. I plan on calling Arizona DMV tomorrow when they are open to get better clarification on this and see if I can get a license for him, or at the very least for now, an ID card. 

 

But I wanted to see if anyone had experience with this I-94 thing situation? One one aspect I am not worried since we long fulfilled the requirement of marrying before the visa or I-94 expired, but I am afraid when we file for AOS and EAD, if he has no US ID card, they will deny him. 

Thank you!

[LionessDeon 2,060]

I'm confused.  Are you trying to change your name on your DL or obtain one for him?  Or both?

Your husband is not violating anything.  There is no US ID or DL requirement to apply for AOS.  My husband arrived in July.  We applied for his Social security right away. (But a SS# is not required for AOS either).  We married in September, His K1 expired in October.  We applied for AOS in November and are still waiting for his EAD/AP card.  The only ID he has is his Jamaican passport and Jamaica ID card.  There are no issues with that regarding AOS.

Edited February 20, 2017 by LionessDeon

[Georgia16 2,858]

24 minutes ago, Tierpolizistin said:

Hi everyone. Looking for any input here. 

 

My newlywed husband arrived here with his K1 Visa on 14 November. We married (eloped due to the K1 time constraint and will later have a wedding ceremony). His Visa expires on 13 March 2017. 

Yesterday we went to a Third Party Motor Vehicle Services place to change my name on my Arizona driver's license, and obtain his Arizona license. I had contacted the actual Arizona DMV back in December right after we married and they said to get his SSN first, and then all we need to bring was his passport, and his German license, and they said a German license will transfer over to an Arizona one - no need to re-test. 

 

No DMV here in Arizona is open on weekends anymore, and without his EAD, I am working two jobs currently to support us, so that was why we went to a 3rd Party place that handles licensing. Needless to say they were rude and idiots. Tried first telling me his visa was expired and he was going to be deported. I had to get an attitude right back with the guy and point out his visa was valid until March 13th. They finally got a Supervisor to verify some stuff with US Customs and they said that his I-94 was "Admit Until" February 11th and said he would need his EAD before they could issue his license. My Immigration lawyer said nothing about this...and as far as we knew it only mattered when the visa expired.

 

Either way, we did fulfill the legal requirement of the K1 since we got married back in December, which is way before March 13 or also his "Admit Until" date. 

 

But now I am in a panic because I don't want my husband in violation of anything. We are about to file for his AOS and EAD - we have his AOS Immigration exam on 1st March. I have gathered all evidence of our life together as a married couple with bills in both names, a new car purchased with the title/registration in both our names, rental agreement for our house in both names, etc. I wanted also to add him onto my Credit Union bank account but they can not do that until he has US Identification. I plan on calling Arizona DMV tomorrow when they are open to get better clarification on this and see if I can get a license for him, or at the very least for now, an ID card. 

 

But I wanted to see if anyone had experience with this I-94 thing situation? One one aspect I am not worried since we long fulfilled the requirement of marrying before the visa or I-94 expired, but I am afraid when we file for AOS and EAD, if he has no US ID card, they will deny him. 

Thank you!

Okay first his visa IS expired it did that when he entered the country.

 

It's the I-94 that they go after when they issue the SSN and so on. You are past that date and have to wait for the EAD.

 

Most DMV don't give DL to K1's without their EAD.

 

I don't understand what you mean by immigration exam marts 1st do you mean medical? He will not need that as he had that befor this K-1 visa was issued. He should have gotten a DS-3025 from the doctor showing his vaccinations and if that is marked complete the you just sent a copy of that along with the AOS package.

 

EAD/AP will take about 90 days to get from when you file the AOS.

 

 

Edited February 20, 2017 by Georgia16

[Tierpolizistin 0]

Well I can get my name changed on my AZ license...that is not a problem. I just wanted to get him his AZ license so we can add him onto my bank account and also in case he did get pulled over, the police were not confused at a German driver's license (which he is allowed to drive here in Arizona with a German license of course). 

 

After his AOS medical exam on March 1st, we will be filing for AOS and EAD. And the 3rd Party motor vehicle place said as long as we even have proof that we filed for that, the receipt, that should be sufficient and he can get his DL. I will fo course confirm this when I call the Arizona DMV tomorrow. What irritated me was when we were at this 3rd Party DMV place, there was a TON of people there who they were handing licenses out to like candy, and they spoke not one word of English and showed no paperwork. 

 

But that is a relief that there are no DL or US ID card requirements when filing for AOS and EAD. Why do they make the I-94 date not the same as the Visa expiration date? (then again why does the US government do anything the way they do...)

 

Also not sure if anyone has run into this. We just bought a 2nd car for him...both our names are on the title and registration. So when I called my insurance company (State Farm) to add him and his car, they quoted me $250 because of a "foreign driver policy" since he does not have 3 years experience of driving on US roads. I was able to contact a friend who runs a branch at Farmers Insurance and told him what was going on and he quoted me for both myself and my husband, and both cars, for only $40 more than I am paying now for just myself and my own car. He said they DO have a "foreign driver policy" for an extra $25 per month, but he said he won't even apply that. He knows how difficult and expensive it is to get a driver's license in Germany, and anyone who drives on the Autobahn knows damn well how to drive. And, upon visits here to the US, my husband HAS driven on US roads. Just wondering if anyone has come upon that kind of issue?

[Georgia16 2,858]

2 minutes ago, Tierpolizistin said:

Well I can get my name changed on my AZ license...that is not a problem. I just wanted to get him his AZ license so we can add him onto my bank account and also in case he did get pulled over, the police were not confused at a German driver's license (which he is allowed to drive here in Arizona with a German license of course). 

 

After his AOS medical exam on March 1st, we will be filing for AOS and EAD. And the 3rd Party motor vehicle place said as long as we even have proof that we filed for that, the receipt, that should be sufficient and he can get his DL. I will fo course confirm this when I call the Arizona DMV tomorrow. What irritated me was when we were at this 3rd Party DMV place, there was a TON of people there who they were handing licenses out to like candy, and they spoke not one word of English and showed no paperwork. 

 

But that is a relief that there are no DL or US ID card requirements when filing for AOS and EAD. Why do they make the I-94 date not the same as the Visa expiration date? (then again why does the US government do anything the way they do...)

 

Also not sure if anyone has run into this. We just bought a 2nd car for him...both our names are on the title and registration. So when I called my insurance company (State Farm) to add him and his car, they quoted me $250 because of a "foreign driver policy" since he does not have 3 years experience of driving on US roads. I was able to contact a friend who runs a branch at Farmers Insurance and told him what was going on and he quoted me for both myself and my husband, and both cars, for only $40 more than I am paying now for just myself and my own car. He said they DO have a "foreign driver policy" for an extra $25 per month, but he said he won't even apply that. He knows how difficult and expensive it is to get a driver's license in Germany, and anyone who drives on the Autobahn knows damn well how to drive. And, upon visits here to the US, my husband HAS driven on US roads. Just wondering if anyone has come upon that kind of issue?

Be sure to check up on the rules for driving! Each state is different but it's not like when you can drive when you are on vacation. Example here in GA a new resident can only drive 30 days on the home country/state DL then they have to have a GA DL. SO check the rules before he just keeps driving around.

 

He does not need a AOS medical!

 

DL is not required to get on a bank account. SSN might be though but that boat have sailed. 

 

 

[Tierpolizistin 0]

I am confused...how is his Visa expired the minute he entered the US?

 

And yes...I mean his Immigration medical. He had one in October in Germany before we had our K1 Interview. We did the "titer check" bloodwork and based on his bloodwork, he was exempt from all vaccines as his immunities and antibodies were very good. So we have all the x-rays and bloodwork and paperwork from that doctor appointment in October so we just have to do the AOS medical and bring those forms so we can have my doctor (who is a civil surgeon) sign off on the medical, so we can file for AOS/EAD. 

[Georgia16 2,858]

Just now, Tierpolizistin said:

I am confused...how is his Visa expired the minute he entered the US?

 

And yes...I mean his Immigration medical. He had one in October in Germany before we had our K1 Interview. We did the "titer check" bloodwork and based on his bloodwork, he was exempt from all vaccines as his immunities and antibodies were very good. So we have all the x-rays and bloodwork and paperwork from that doctor appointment in October so we just have to do the AOS medical and bring those forms so we can have my doctor (who is a civil surgeon) sign off on the medical, so we can file for AOS/EAD. 

No no no. There is no AOS medical for a K-1 unless the old one is over a year old. Does he have the document DS-3025 with his vaccines on?

 

K-1 is a one time entry visa so as soon as it is used meaning they enter the country then it expires because it can not be used again.

[Tierpolizistin 0]

He does need US ID in order to add him onto my credit union (bank) account. They advised me of this several times. 

 

And the the AOS medical...I forget which form it is, but our immigration lawyer said that basically he just has to have that form signed off by a civil surgeon before we file for AOS.

And I already checked with Arizona for driving...German drivers licenses transfer automatically over. No need to test. Arizona accepts transfers of Germany and I think they said Thailand?? 

[Tierpolizistin 0]

He does have all the papers from his appointment in Germany - x-rays, bloodwork results, etc. We plan on bringing that to his AOS medical on 1st March 1st so the Dr can just sign off. He just had that medical in Berlin back in October so it is less than one year old of course.

[Georgia16 2,858]

1 minute ago, Tierpolizistin said:

He does need US ID in order to add him onto my credit union (bank) account. They advised me of this several times. 

 

And the the AOS medical...I forget which form it is, but our immigration lawyer said that basically he just has to have that form signed off by a civil surgeon before we file for AOS.

And I already checked with Arizona for driving...German drivers licenses transfer automatically over. No need to test. Arizona accepts transfers of Germany and I think they said Thailand?? 

It depends on the bank. I got on my husbands without state ID.

 

So it is only the vaccination form and not the medical! .. Still check if he has the DS-3025 the he won't need it and it will save money. 

 

Yes they may get it transferred from Germany but he isn't getting that right now so it still could make issues, check up on it on the DMV site for new residens of AZ.

[Tierpolizistin 0]

I called the DMV for Arizona back in December, and they said all he needs is his SSN (which he has), and his passport and German ID for him to get a license. They said German license will do a transfer. First they said he had to test (before they knew he was from Germany), and then I got snippy and said "ARE YOU KIDDING ME? Europeans drivers are way better than US Drivers...it is way too easy to get a license in USA, and it is difficult to get one in Europe! This is why my German grandfather taught me to drive at age 11 and would not let me take US Drivers classes!", and they said "OH....Germany???? Why didn't you say so! We transfer Germany licenses with no exam...so he is fine"...lol 

[Georgia16 2,858]

2 minutes ago, Tierpolizistin said:

I called the DMV for Arizona back in December, and they said all he needs is his SSN (which he has), and his passport and German ID for him to get a license. They said German license will do a transfer. First they said he had to test (before they knew he was from Germany), and then I got snippy and said "ARE YOU KIDDING ME? Europeans drivers are way better than US Drivers...it is way too easy to get a license in USA, and it is difficult to get one in Europe! This is why my German grandfather taught me to drive at age 11 and would not let me take US Drivers classes!", and they said "OH....Germany???? Why didn't you say so! We transfer Germany licenses with no exam...so he is fine"...lol 

Okay it's hard to explain I guess. I get that German citizens get their DL transferred BUT your problem is that he HASN'T and isn't able too before he gets his SSN and he is months away form getting that probably won't get it until summer!

 

Until then he drives on his regular German DL. but you need to check if that is okay do to states rules on when new residents need a state DL and check when he is driving legal and when he is not. 

[Tierpolizistin 0]

He already got his SSN...we got that back on 3rd January actually. His just has that "not valid for employment without valid EAD" stamp on it. Once we get his EAD we go back to the SSN office to get a new one printed without that stamp on it. 

I will call the Arizona DMV tomorrow when they are open and see what I can find out. They had told me that he can drive for 6 months on a German DL in Arizona with no issues..and that is ONLY if he gets pulled over and they check his passport/visa for his arrival. We get so many German tourists here that drive on a German DL that they will probably just assume he is one of them. But truth be told, he likely won't be doing too much driving until his EAD comes through and he is driving to interviews and back/forth to work. 

[Georgia16 2,858]

1 minute ago, Tierpolizistin said:

He already got his SSN...we got that back on 3rd January actually. His just has that "not valid for employment without valid EAD" stamp on it. Once we get his EAD we go back to the SSN office to get a new one printed without that stamp on it. 

I will call the Arizona DMV tomorrow when they are open and see what I can find out. They had told me that he can drive for 6 months on a German DL in Arizona with no issues..and that is ONLY if he gets pulled over and they check his passport/visa for his arrival. We get so many German tourists here that drive on a German DL that they will probably just assume he is one of them. But truth be told, he likely won't be doing too much driving until his EAD comes through and he is driving to interviews and back/forth to work. 

Great then a lot of things got solved.

 

No need to call then he can drive the 6 months before he needs the AZ DL.!

 

Yes but they are tourist. The problem will come after the 6 months if he gets in an accident and he did not have a valid DL... can be expensive. But he is fine now. Just count 6 months from the day he entered the country. 

 

He should not go back to SSN office and get anything changed until he gets the GC

[randomstairs 303]

You don't need to get a new SSN. It says " not valid for employment without valid EAD " . So when he gets the EAD it will probably be valid for employment.