Questions about drivers licenses

[TOKYOVISA 0]

My immigrant spouse and I received an RFE for their ROC after filing I-751. We are preparing our additional evidence, but are getting close to the deadline. Our evidence of financial commingling is not typical, as we don't have any joint bank accounts, joint vehicles or big ticket assets, joint credit cards, or even really joint utility bills. We do have evidence of us sharing expenses in the same household because we have written about 2 check books a piece to pay for rent/utilities as well as all of the duplicate checks with detailed memo lines over the last few years and account documents that demonstrate the same transactions. We also have married filing joint taxes.

 

That being said, we want the other parts of our evidence to be as strong as possible. We did not submit driver's licenses originally with the I-751. We currently have driver's licenses with matching addresses from a previous state, but we did not update them in a timely fashion when moving to a new state. Mine has been updated to the new state, albeit late. This is my fault. As a medical resident, I am struggling to keep up with both my professional and personal responsibilities in a timely fashion, and personal/life responsibilities get delayed, because clinical and training responsibilities come first. This is not an excuse, just an explanation. I know my responsibilities do not change and that everyone is busy.  My spouse's driver's license has not been transferred yet, though we have an appointment to do so before we respond to the RFE. We have time to update my spouse's driver's license, but not time to get a Real ID with the star in the mail. It sounds like driver's licenses are very valuable to the USCIS. My questions. Thank you for your help and input.

 

1. Should we request a normal non-Real ID, which is federally non-compliant, if it can be printed same day? Should we request the Real ID and scan the paper temporary-ID that we will receive that day? Is there any reason to believe one approach is better than the other?

2. It will be readily apparent on both my and my spouse's new licenses that we were late to transfer our licenses. Should I worry about this impacting my spouse's ROC?

 

[NancyNguyen 1,658]

You are clumpsy in the process from the get-go. Recently issued driver licenses will even make the doubt worst. And I don't think you can request a specific type of driver license once they have rolled out the new type. Like you said you don't want to excuse so a sworn statement for your situation is more understandable. The worst scenario is that you will have an interview to ROC.

[TOKYOVISA 0]

48 minutes ago, NancyNguyen said:

You are clumpsy in the process from the get-go. Recently issued driver licenses will even make the doubt worst. And I don't think you can request a specific type of driver license once they have rolled out the new type. Like you said you don't want to excuse so a sworn statement for your situation is more understandable. The worst scenario is that you will have an interview to ROC.

Thank you for your input. We can choose actually. I was asked to choose when I transferred my license and the state DMV website clearly states that we can choose.

 

Do you think that submitting no driver's licenses in this case is better than submitting scans of 2 sets that verify both of our addresses over the course of our marriage? We wouldn't have any other US government IDs with our addresses to submit.

[Hawksquill 151]

I'm sort of in a similar situation because my husband does not drive so doesn't have a DL, and we've moved pretty often so didn't want to waste time at the DMV getting a state ID.  Now that we're settled we were going to do it soon, but alas, DMVs are now all closed due to COVID.  Our state also doesn't issue new DLs just to update addresses, they just give you a sticker and have you handwrite the new address, so there will be a shared old address with the sticker on my DL and the shared new address when my husband eventually gets his state ID. We have other strong evidence so we're not too worried, but I have thought about it .

 

Anyway, I think showing the history of matching addresses over multiple DLs is a decent form of evidence.  I don't think you'd be likely to get in trouble for being late to get new licenses - I've never heard of it happening, anyway.  Considering your lack of other conventionally strong evidence, I would think that you'd want to submit anything and everything indicating a history of shared addresses. 

 

Also unsolicited advice about beefing up evidence, since I don't think DLs are going to be the make or break evidence that sways the officer in one direction or the other:

 

You mention that you don't have shared accounts - is there anything where one of you is an "authorized user" on the other's accounts?  This is a thing for bank accounts but also phone company accounts, some big box store rewards accounts, etc.  Even an HR document showing that you're each other's emergency contacts at work might help.

 

As for "shared" utilities, are some of the utilities in your name and some in his name?  You could submit some bills in your name, some bills in his name for the same address, plus the checks you mentioned.

 

Other options to beef up the evidence:

-Apartment lease in both names

-Renters insurance in both names

-In your case I'd strongly recommend getting wills/POAs set up.  It's cheap, strong evidence and lots of people are getting these set up now because of COVID anyway.

-Retirement beneficiary and life insurance beneficiary info showing one or both of you are the beneficiary of other's retirement accounts and life insurance

-Mail addressed to one or both of you for the same address (statements for the separate bank accounts, student loan statements, some people even submit Christmas cards)

-Gym membership, Costco membership, anything like that

-Pet adoption papers and vet records

 

 

 

[Sukie 1,465]

There is no reason anyone has to get a Real ID.  The advertising makes it SOUND like you have to have them, but as long as you have a passport, you are fine with a conventional driver's license.

 

Now...that being said, I carry my passport with me at all times.  Even though I'm a US citizen, I have lived overseas many times where I was required to carry ID on my person - so it's a habit of mine.  If you DON'T want to carry your passport, AND you go into government buildings a lot, OR, you fly domestically a lot, then a Real ID is handy.

 

Photocopy your new DL, and then photocopy the paper receipt for your spouse's DL if you don't get a same-day DL.   It will not matter to USCIS that it is a conventional DL or a Real ID.  USCIS knows that DMVs have been closed.  Your being late to sign up for a new DL is something that a cop in your state might have had an issue with, but not the Feds.

 

You need to explain how you two handle your finances, since you don't have the "usual" joint credit cards and bank statements.  Co-mingling is not a requirement - it's just the usual way couples handle finances. 

 

I-751 Cover Letter & List of Evidence Samples (and Reviews megathread) - Page 23 - Removing Conditions on Residency General Discussion - VisaJourney

 

Best of luck to you!

 

Sukie in NY