Unable to drive limbo period - Ohio

[Boiler 45,904]

There are a few terms to describe somebody after 90 days on a K1 until they get a GC, under colour of law is the one I like.

 

Legal status you have for the first 90 days and when you get LPR.

[TBoneTX 45,849]

The term told to me by a lawyer is "Applicant for Adjustment" -- or, more concisely, "Adjustment Applicant."

[RS77 5]

I would suggest you look through your general statues for your state.  When the subject has been brought up for my state (North Carolina) generally all the information posted on the boards is wrong.  Most of it pertains to residency.  Our state has a similar requirement that you get a license within 60 days of becoming a resident (30 in your state).  A resident is defined by someone that has lived in the state for 6 months, if they are not otherwise considered a resident of another state or country.  Residency as it applies to driving licenses is not where you live, it's a legal definition set by your state.

 

While I didn't read through all the applicable laws for Ohio, this is the definition of a resident as it applies to Licensing in Ohio law:  "Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.  If you have an adjustment of status pending not sure how you can be considered permanent until a Green card is issued.

[Boiler 45,904]

1 minute ago, RS77 said:

While I didn't read through all the applicable laws for Ohio, this is the definition of a resident as it applies to Licensing in Ohio law:  "Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.  If you have an adjustment of status pending not sure how you can be considered permanent until a Green card is issued.

That is easy, States issue Driving Licenses Immigration Law is a Federal.

 

So for example illegals in Colorado can get a Driver's License as they are resident in Colorado. They can not get a Real ID compliant one.

 

And if you are adjusting status and do reside where you live, where do you reside?

[SpaceAge 33]

25 minutes ago, Boiler said:

That is easy, States issue Driving Licenses Immigration Law is a Federal.

 

So for example illegals in Colorado can get a Driver's License as they are resident in Colorado. They can not get a Real ID compliant one.

 

And if you are adjusting status and do reside where you live, where do you reside?

I reside in Toledo Ohio. I have someone at the DMV who told me to email my documents in last week so hopefully i’ll get an answer soon enough one way or another. 

[SpaceAge 33]

Update from DMV. This is how she copy and pasted it so excuse the obvious mistakes:

————

Good afternoon,

 

Looking at your documents, all you need to provide at the DR is an I-797 or I-797C with an I-485 case type.

 

This will show she you applied for adjustment of status (K-1 to I-551) since her I-94 has expired. If you want to have your married name on her Ohio DL, you will need to make sure the I-797 has the married name on it, as that will be the name on her I-551 when it is approved.

 

——————-

 

on asking about if I can ‘learn’ beside my husband

 

You cannot get a learner’s permit until you have some kind of case type, and you cannot drive on your UK license due to you not being a visitor now.

 

 

——————

 

in short. I am immobile for the foreseeable. 

[RLA 324]

Sounds to me you should be able to get your license as soon as your I-797C a.k.a. NOA1 arrives.  If you mailed your AOS application as planned, two weeks ago, that should be very soon. 

[SpaceAge 33]

2 hours ago, RLA said:

Sounds to me you should be able to get your license as soon as your I-797C a.k.a. NOA1 arrives.  If you mailed your AOS application as planned, two weeks ago, that should be very soon. 

I’m a bit delayed. My partner needs his 1099 from his old employer to send with the W2 and we’ve been chasing it for a month. Hoping it comes this week!

[Scottish Mernymph 514]

Also attempting to navigate the murky Michigan drivers licences waters here now, hi folks.

 

So I'm neither visitor nor resident currently, am, as TBone says 'Adjustment Applicant' or at least I will be once the AOS application goes in.

 

FAAAAAAAAAAAAAAAAAAAAAAAAARK!  Why can't anything be straight forward, I just need to get on with life. ....

 

What about to enroll with a certified driving school & take some lessons? Is there a 'provisional licence' equivalent that I could do this with until I can take a Michigan drivers test?

[Scottish Mernymph 514]

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

[Scottish Mernymph 514]

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

 

No....wait I think I have it now. ....

 

Legal to drive on UK licence until I-94 expires,  then apply for Michigan licence using SSN plus I-797......yes? I should probably call DHS just to confirm 

 

[Boiler 45,904]

You need to go and look at the DMV web site, a quick look suggests you can get a license valid to your I 94 expiry and then will need EAD.

[Crazy Cat 42,033]

6 hours ago, Scottish Mernymph said:

Ok,  lemme see if I have this right.....

 

My I-94 expires on the 'admit until date' wg

Which is May 30th so I can either sit the knowledge test & attain a temporary driving permit, or apply for a Michigan licence(based on my UK licence) this will allow me to legally take lessons,  or drive in Michigan until May 30th, at which point I will be able to use the I-797 to gain a full proper Michigan licence? 

 

Is that basically it?

 

Here is the official list of required documents.  I don't see I-797 on the list in column 2...

https://www.michigan.gov/documents/DE40_032001_20459_7.pdf

 

Agree with @Boiler

Edited April 7, 2019 by missileman

[Chris Duffy 1,257]

I would just drive and not worry about it

[Scottish Mernymph 514]

12 hours ago, missileman said:

Here is the official list of required documents.  I don't see I-797 on the list in column 2...

https://www.michigan.gov/documents/DE40_032001_20459_7.pdf

 

Agree with @Boiler

Thanks,  it could be argued that the way the part about the "unexpired passport showing entry stamp or I-94" doesn't make it entirely clear that it's the I-94 that needs to be within expiry date. 

 

I'll give the SOS a call tomorrow, we don't have a DMV apparently.