Temporary Driver License while on AoS?

[Ash.1101 1,756]

16 hours ago, vivostu said:

It's inept California DMV field office employees. When they see an I-485 I-797C they think it's a meaningless piece of paper. I have even seen them tell individuals that recently entered with IV visas (obviously they brought their foreign passports with the CBP endorsement stamp to the DMV) that they don't have legal status! The pinnacle of incompetence.

It's not just in Cali. In Texas they refused to run the I-797C for my husband, saying they could only run it at a I-551 (Green Card), and we explained for 15 minutes that the system won't show he has a green card because he applied for it, he currently doesn't have it, but is in a period of authorized stay and the I-797 allows for him to use the I-797 as proof of being able to get a DL. We had a copy of the paper that showed Texas allowed it as proof and she still ran it as I-551 which was obviously declined lol.

[Sellamalola 222]

1 hour ago, Nitas_man said:

An EAD card would be the next document that would demonstrate that you have legal status.

Texas wouldnt issue a license at all, temp or otherwise, without at least a year on the I-94 or an EAD card or a green card in hand.  K1 is still considered non-immigrant status.  The states have been standardizing requirements and it seems that Ca has similar rules.

Which seems crazy to me because that’s one of the few states that gives driver licenses (or gave) undocumented immigrants a driver license 🤔 why would they make it so hard for k1s

[ineedadisplayname 497]

18 hours ago, DeepakChani said:

So her exact words was thag I don't have a status in the US. I do know my I94 is expired and that my I797c is what proof I have of legal presence.they didn't buy it. I will try another dmv office too. Have you been successful showing the I797c for 485 and getting a full DL (not temporary) 

Did you see the notice on your I797c? "This notice does not grant any immigration status or benefit" ? So "they didn't buy it" is the right thing to do even if it upsets you. They don't need to buy it since it says it doesn't grant you anything.....

Maybe California is different but I couldn't get a USA DL until I got my EAD card...

Edited January 8, 2019 by ineedadisplayname

[DeepakChani 738]

Just now, ineedadisplayname said:

Did you see the notice on your I797c? "This notice does not grant any immigration status or benefit" ? So "they didn't buy it" is the right thing to do even if it upsets you. They don't need to buy it since it says it doesn't grant you anything.....

Maybe California is different but I couldn't get a USA DL until I got my EAD card...

Once you got your EAD card, what was the expiry timeframe of the DL? Did you go back when you got your GC to get the full DL? 

[ineedadisplayname 497]

8 minutes ago, DeepakChani said:

Once you got your EAD card, what was the expiry timeframe of the DL? Did you go back when you got your GC to get the full DL? 

I don't have a GC yet. The DL expiry date will match your EAD's expiry dat . It is a "full" DL same as the one citizens get, but the validity is only a year.... When my DL expires I can renew it using the current EAD with the extension letter, or if I get it by then the new EAD or the greencard if I am lucky.

When you get your GC you can get a new license with the expiry date on the GC if your GC is conditional (e.g married less then two years when obtaining it), otherwise you will get a DL with 6 years of validity I think.

Edited January 8, 2019 by ineedadisplayname

[Nitas_man 3,100]

38 minutes ago, Mellamanlola said:

Which seems crazy to me because that’s one of the few states that gives driver licenses (or gave) undocumented immigrants a driver license 🤔 why would they make it so hard for k1s

I am not aware of any way to get a drivers license in Texas other than what I shared as far back as 2008.  Some states do or did (?including California?) but certainly not Texas.  Their list is pretty detailed and extensive.

 

It was correctly pointed out that Texas DOES specifically list AOS applicants as eligible.  They did not allow that back in 2008 but they do today. 

 

Many DPS employees however are not familiar with their own rules and sometimes it is a matter of asking for higher authority or going to a different DPS office.  Arguing with a moron at the DPS counter however is pretty pointless. 

 

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

 

Edited January 8, 2019 by Nitas_man

[DmytriiD 186]

21 hours ago, DeepakChani said:

Hi All. I came to California on a K1 visa in Sept 2018. My I94 Expired in Dec 2018. I did file for AOS and have my receipt I797 letter. I took the behind the wheel test at the California DMV today and passed. They said since I do not have a legal presence in the US, I can only get a temporary driver's license which expires April 2019. I showed them the I797c letter as proof that my AOS is pending and they didn't buy it. Have others been issued a temporary driver's license while pending AOS from K1? Will I be able to renew my driver's license when it is about the expire? Please let me know. Thank you in advance. 

I was issued 90 days temporary driving permit (it is not even a card, just a paper). Which will be renewed every 90 days until the state capital DMW office will issue me an actual card for 1 year. I am in Florida, but each state is different. 

[usmsbow 801]

3 hours ago, ineedadisplayname said:

I don't have a GC yet. The DL expiry date will match your EAD's expiry dat . It is a "full" DL same as the one citizens get, but the validity is only a year.... When my DL expires I can renew it using the current EAD with the extension letter, or if I get it by then the new EAD or the greencard if I am lucky.

When you get your GC you can get a new license with the expiry date on the GC if your GC is conditional (e.g married less then two years when obtaining it), otherwise you will get a DL with 6 years of validity I think.

 

The first part is correct: the DL will match the EAD expiration date. Once you get your GC, you can renew your DL (by mail). The second part is not the case in CA*: the new DL will NOT expire when your conditional GC does. It is a normal 5-year period for the DL. 

 

*Assuming the CA DMV didn't make an error with my wife's DL. Perhaps she just got lucky. 

 

Edit: originally thought you were also in CA, and not in MO. 

 

 

Edited January 9, 2019 by usmsbow

[ineedadisplayname 497]

2 hours ago, usmsbow said:

 

The first part is correct: the DL will match the EAD expiration date. Once you get your GC, you can renew your DL (by mail). The second part is not the case in CA*: the new DL will NOT expire when your conditional GC does. It is a normal 5-year period for the DL. 

 

*Assuming the CA DMV didn't make an error with my wife's DL. Perhaps she just got lucky. 

 

Edit: originally thought you were also in CA, and not in MO. 

 

 

Thanks for correcting me. I will look into it to see what's the case here. A lot of stuff might differ between states regarding the DMV, I know it can be frustrating, been there LOL :)))

 

@Nitas_man
MO's DMV website also says that you can get a DL while AOS pending (I was heavily counting on that), but it was not the reality when I went there. It might be outdated I guess. Tried a lot of offices but they wanted EAD or my visa and I-94.... I could have got a DL on the K1 visa itself, with 3 months validity, but that would not be good for me since the EAD took much longer than three months, so I decided that I will use my European driver's license ON MY OWN RISK.... (I am not recommending that, because it might have legal and insurance implications depending on the state you are in)