Status waiting for GC

[Wuozopo 4,293]

2 hours ago, goldhex said:

So why can't you show the I797 at the DMV and get a license?

It is dependent on your state.  But for the most part, states need to see that you have legal presence for a specific time frame. Then they will put the same expiry date on your license.  As a K1, you have an entry marked in your passport for 90 days.  I believe a few states might allow a license which would be void on that ninetieth day. Some won’t bother unless you have at least six months valid presence remaining.  This works for most every visa holder or green card holder. But K1s fall through the cracks. Their visa can’t be extended. Your visa validity ends the day you use it, unlike a work visa for example. You have 90 days allowed as shown on paper.
 

So you apply for AOS and get a document (NOA) that your application was received. It has no DATE on it that says how long you are allowed here. It does not date extend your visa. It doesn’t even say you get to remain in the US legally. It is just a receipt that you submitted an application.  Most states will not issue you a driver license unless they have something on paper that says a specific time period that you are “legal”.  You have a passport stamp that says 90 days.  
 

When you get an EAD card (work authorization), it has an expiration date (one year) on it. That shows you are legal until that date and will get you a license good until that date. A greencard has an expiration date on it. When you remove conditions before your 2 year greencard expires, the NOA1 will say some words like this notice extends your greencard for 18 months. It used to say 12 months but processing of removing conditions got so slow.  So bottom line is most states need at minimum an EAD card with an expiration date in order to issue a license. Check with your state’s website.

[Caitlin Kennedy 67]

On 6/6/2020 at 11:25 AM, Lil bear said:

For USCIS purposes, you are a non resident alien in a period or lawful or authorised stay while your AOS  is being  processed. Your I 797 (NOA1) is the evidence. 

Thanks, that is the answer I was looking for. We are waiting for it in the mail, we only have the text at this point.

[Caitlin Kennedy 67]

23 hours ago, Lil bear said:

Yes I totally agree. None the less, it’s still the correct description of the OP status, whether or not other agencies understand it . 

Thank you!

[Caitlin Kennedy 67]

18 hours ago, Wuozopo said:

It is dependent on your state.  But for the most part, states need to see that you have legal presence for a specific time frame. Then they will put the same expiry date on your license.  As a K1, you have an entry marked in your passport for 90 days.  I believe a few states might allow a license which would be void on that ninetieth day. Some won’t bother unless you have at least six months valid presence remaining.  This works for most every visa holder or green card holder. But K1s fall through the cracks. Their visa can’t be extended. Your visa validity ends the day you use it, unlike a work visa for example. You have 90 days allowed as shown on paper.
 

So you apply for AOS and get a document (NOA) that your application was received. It has no DATE on it that says how long you are allowed here. It does not date extend your visa. It doesn’t even say you get to remain in the US legally. It is just a receipt that you submitted an application.  Most states will not issue you a driver license unless they have something on paper that says a specific time period that you are “legal”.  You have a passport stamp that says 90 days.  
 

When you get an EAD card (work authorization), it has an expiration date (one year) on it. That shows you are legal until that date and will get you a license good until that date. A greencard has an expiration date on it. When you remove conditions before your 2 year greencard expires, the NOA1 will say some words like this notice extends your greencard for 18 months. It used to say 12 months but processing of removing conditions got so slow.  So bottom line is most states need at minimum an EAD card with an expiration date in order to issue a license. Check with your state’s website.

Getting my husband a drivers license is on our list now that we submitted the GC application, so thanks for the information above. It sounds like until he has his EAD or Green Card, applying to get one isnt worth the time. Thanks!

Edited June 7, 2020 by Caitlin Kennedy

[Lil bear 4,189]

2 hours ago, Caitlin Kennedy said:

Getting my husband a drivers license is on our list now that we submitted the GC application, so thanks for the information above. It sounds like until he has his EAD or Green Card, applying to get one isnt worth the time. Thanks!

This link is from the IL drivers licensing website 

 https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x173.pdf

 

My read is that he may be able to get a temporary licence ,, he can do a stat dec to state he can’t get a SSN at this time ( part C)  ... his passport will do for part A and B.. if he can get two documents that satisfy part D then it’s worth trying !