Michigan driver’s license

[bf__ 501]

Hi,

 

i just passed my test here in the US and went back to the Secretary of State to get a drivers license. The lady told me that I wasn’t yet in the save database, only for my original K1 visa (which the entry expires on the 26th of this month). 

 

I have the receipts from USCIS for my I-485 and receipts for the EAD etc but she still refused to license me.

 

anyone had a similar experience or can help me?

 

thanks

[Crazy Cat 41,010]

29 minutes ago, brandonflude1 said:

Hi,

 

i just passed my test here in the US and went back to the Secretary of State to get a drivers license. The lady told me that I wasn’t yet in the save database, only for my original K1 visa (which the entry expires on the 26th of this month). 

 

I have the receipts from USCIS for my I-485 and receipts for the EAD etc but she still refused to license me.

 

anyone had a similar experience or can help me?

 

thanks

My understanding is: According to this required document list, it appears you will need either a valid EAD or a Green Card to prove legal presence.  Receipt for your I-485 does not grant any legal status in the US......it grants "authorized stay"....but not legal status.

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

 

 

 

Edited August 22, 2019 by missileman

[bf__ 501]

16 minutes ago, missileman said:

My understanding is: According to this required document list, it appears you will need either a valid EAD or a Green Card to prove legal presence.  Receipt for your I-485 does not grant any legal status in the US......it grants "authorized stay"....but not legal status.

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

 

 

 

I saw this prior to going, my confusion is with the “Note”, it says other documents from uscis can be used but require verification. Surely a NOA for AOS falls under this? Or can nobody who’s in the US on a visa and adjusting status drive in michigan?

[Crazy Cat 41,010]

2 minutes ago, brandonflude1 said:

I saw this prior to going, my confusion is with the “Note”, it says other documents from uscis can be used but require verification. Surely a NOA for AOS falls under this? Or can nobody who’s in the US on a visa and adjusting status drive in michigan?

It seems so.  That is one of the downsides of a K-1.  The "note" is vague regarding which USCIS documents would be sufficient......but an I-797 receipt for an I-485 doesn't grant any legal status.......

[bf__ 501]

22 minutes ago, missileman said:

It seems so.  That is one of the downsides of a K-1.  The "note" is vague regarding which USCIS documents would be sufficient......but an I-797 receipt for an I-485 doesn't grant any legal status.......

Sucks, it looks like a lot of states will accept it as evidence, I even emailed the SOS prior to applying and I was told a I-797 along with my expired documents can be used as evidence. Perhaps because my initial k-1 entry is still valid at this time it didn’t show up in their system. 

[Wuozopo 4,291]

1 hour ago, brandonflude1 said:

I saw this prior to going, my confusion is with the “Note”, it says other documents from uscis can be used but require verification. Surely a NOA for AOS falls under this? Or can nobody who’s in the US on a visa and adjusting status drive in michigan?

Does your NOA give you a valid date stating how long you can stay in the US? 

 

I-797 is a generic term for various receipts. For example an I-797 for removing conditions would give a one year (or 18 month) extension of the greencard expiry date. They could give a license until that extension date. That I-797 will allow a license.

 

The only date you have proving your length of stay is an I-94. When it expires...no license. 

Edited August 22, 2019 by Wuozopo

[bf__ 501]

2 hours ago, Wuozopo said:

Does your NOA give you a valid date stating how long you can stay in the US? 

 

I-797 is a generic term for various receipts. For example an I-797 for removing conditions would give a one year (or 18 month) extension of the greencard expiry date. They could give a license until that extension date. That I-797 will allow a license.

 

The only date you have proving your length of stay is an I-94. When it expires...no license. 

My AOS I-797C doesn’t give any of that information, I thought prior to receiving it that it would contain some information. 

 

Does this form/receipt not allow me to stay in the says after the expiration of my I-94 from the K-1?

[Crazy Cat 41,010]

14 minutes ago, brandonflude1 said:

Does this form/receipt not allow me to stay in the says after the expiration of my I-94 from the K-1?

It authorizes you to stay in the US while your I-485 is pending.  The I-797 doesn't state that anywhere, but it displays the receipt number which can be used to verify your authorized stay.

Edited August 23, 2019 by missileman

[Wuozopo 4,291]

24 minutes ago, brandonflude1 said:

My AOS I-797C doesn’t give any of that information, I thought prior to receiving it that it would contain some information. 

 

Does this form/receipt not allow me to stay in the says after the expiration of my I-94 from the K-1?

Nope, there is no date or any benefit granted on your I-797. It's just a receipt that showed you filed. DMVs generally need an end date to put on a license.

 

USCIS knows you get to stay until a decision is made on your AOS so they would not kick you out. But you're not going to find that in writing that could explain it to banks, landlords, cops, and any number of people who are puzzled by that limbo-land period K1s go through. 

[Izzymael 14]

I was able to apply for a DL here in Michigan by providing my passport, i94, and the notices of action as a proof of residency. 

Yesterday I passed my road test and I'll head to the Secretary of State later today, so I'll update if I had any issues.

Edited May 23 by Izzymael