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Filed: K-1 Visa Country: Japan
Timeline
Posted

Need advice with drivers license!

Has anyone else struggled with getting/ renewing their driver's license?

 

The background info is: December 2022 I moved to Maryland on k1. Got my Maryland driver's license on AOS in April 2023, BUT it has the expiration of 4 months from the day I get it.

 

Fast forward 3 months later which is today, I went to renew my license. They told me I need to have my green card to renew it otherwise, even if I renewed it today, it will still expire in a month.

 

They told me there's nothing they can do about it because the expiration date is what the homeland security gives to the motor vehicle administration.

 

Has anyone had this issue when trying to renew their driver's license? If so, what did you do to resolve it?? Any help is much appreciated!!!

Posted

Each state is different.

In many states, a K1 cannot drive past day 90.

That's just one of the fall backs of a K1.

If needing to drive, a Spousal visa would have been a better option.

If you applied for I765, once that is approved (if approved before your GC approval) you can apply again.

Until then, you enjoy your time off.

Posted
13 minutes ago, Ninjaturtur said:

Need advice with drivers license!

Has anyone else struggled with getting/ renewing their driver's license?

 

The background info is: December 2022 I moved to Maryland on k1. Got my Maryland driver's license on AOS in April 2023, BUT it has the expiration of 4 months from the day I get it.

 

Fast forward 3 months later which is today, I went to renew my license. They told me I need to have my green card to renew it otherwise, even if I renewed it today, it will still expire in a month.

 

They told me there's nothing they can do about it because the expiration date is what the homeland security gives to the motor vehicle administration.

 

Has anyone had this issue when trying to renew their driver's license? If so, what did you do to resolve it?? Any help is much appreciated!!!

It is just one of many well/known disadvantages of doing a K-1 instead of CR-1.   You’ll just have to wait.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
54 minutes ago, D-R-J said:

My understanding is that you can get a “federally non-compliant” license. You can’t board a flight with it, but it should be fine for driving in MD: https://mva.maryland.gov/drivers/Pages/non-compliant-drivers-licenses.aspx#:~:text=Immigrants who do not have,driver's license or identification card.

From that link:

 

Before you make an appointment, please follow these steps:

 

Ok, as a K-1, OP likely has an SSN

  • File Maryland income taxes for the 2 years before you seek a driver's license and obtain a certification letter in order to make an appointment with the MDOT MVA. Click here for more information.

As a K-1 who entered the U.S. in 2022, it is safe to say OP has not filed 2021 Maryland taxes.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Moving HEre and YOur New LIFe, from AOS Family K1/K3 P&P - as the drivers license are discussed here.~~

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Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted (edited)

@Ninjaturtur Although we got the Georgia Real ID driver's license, I think one process that affects most everyone in getting the Real ID regardless if it is driver's license or state ID or both is to get the Social Security Number as soon as possible. With the SSN, one can open a bank account, utility bills, etc. which can establish permanent mailing address for the Real ID and can file for income tax.

 

In Georgia, we also ran into the 120-day extension limit for the Real ID driver's license. 

https://www.visajourney.com/forums/topic/799707-post-aos-optional-to-dos/?do=findComment&comment=10837804

 

Therefore, we filed for an I-765 expedite because Georgia can also use the EAD card for the driver's license renewal. 

https://www.visajourney.com/forums/topic/789757-is-expiring-drivers-license-reason-for-expediting-ead/?tab=comments#comment-10792667

 

We were able to extend the Georgia driver's license expiration with the EAD, and then extend again after receiving the green card.

 

But as @Mike E showed, Maryland has the additional requirement of 2-year income tax filing.

Edited by EatBulaga
Posted (edited)

Biggest question is: Did you apply for and receive an Employment Authorization Document? Maryland is a bit dumb in that it will only accept that or a foreign passport with a valid I-94 for Real ID.

 

If yes, use the EAD as your primary document. If not then unfortunately I don't think much can be done here. Go hassle your senator or congressman to have them poke USCIS to get you the EAD.

Edited by Demise
Didn't realize you need two years of taxes.

Contradictions without citations only make you look dumb.

Filed: K-1 Visa Country: Japan
Timeline
Posted
54 minutes ago, Demise said:

Biggest question is: Did you apply for and receive an Employment Authorization Document? Maryland is a bit dumb in that it will only accept that or a foreign passport with a valid I-94 for Real ID.

 

If yes, use the EAD as your primary document. If not then unfortunately I don't think much can be done here. Go hassle your senator or congressman to have them poke USCIS to get you the EAD.

@EatBulagathank you!

@DemiseUnfortunately, I still have not received my EAD yet. I will try contacting the senator or congressman.

So people in Maryland, did you get your driver's license and lose it after 4 months and waited for EAD to come in?

Is there anyone who "negotiated" their way into extending their drivers license?

 

MVA staff offered to put me on a non compliant status and she said after I get my papers, I can simply update my status. 

It sounds so easy, but I can't imagine there to be no catch. 

It sounded like she could do it right there and then and didn't say anything about 2 years of taxes or anything. 

Posted
5 minutes ago, Ninjaturtur said:

@EatBulagathank you!

@DemiseUnfortunately, I still have not received my EAD yet. I will try contacting the senator or congressman.

So people in Maryland, did you get your driver's license and lose it after 4 months and waited for EAD to come in?

Is there anyone who "negotiated" their way into extending their drivers license?

 

MVA staff offered to put me on a non compliant status and she said after I get my papers, I can simply update my status. 

It sounds so easy, but I can't imagine there to be no catch. 

It sounded like she could do it right there and then and didn't say anything about 2 years of taxes or anything. 

That's what the website says, but if she offered go in there and ask her for it and see what happens. Like there's nothing to lose here. Worst case scenario you'll get told no and your license will expire in April, best case scenario they'll renew you as non-compliant.

 

Last thing you could do is grab your I-485 notice and passport with K-1, print out of the Real ID Act and argue that because 202(c)(1)(B)(3)(ix) states that applicants for AOS are eligible them demanding an EAD is improper when you have the I-485 receipt right here since that's the proof of it and not an EAD.

Contradictions without citations only make you look dumb.

Filed: K-1 Visa Country: Japan
Timeline
Posted
1 minute ago, Demise said:

That's what the website says, but if she offered go in there and ask her for it and see what happens. Like there's nothing to lose here. Worst case scenario you'll get told no and your license will expire in April, best case scenario they'll renew you as non-compliant.

 

Last thing you could do is grab your I-485 notice and passport with K-1, print out of the Real ID Act and argue that because 202(c)(1)(B)(3)(ix) states that applicants for AOS are eligible them demanding an EAD is improper when you have the I-485 receipt right here since that's the proof of it and not an EAD.

Very true. 

I'm just very paranoid because I don't want to be recognized as an undocumented immigrant after I've come so far with this bullshit immigration process. 

I've read a few posts about Maryland people getting their license renewed too so I'm gonna post them in case there are other people in the same situation. 

 

 

 

I'm gonna go back to a different MVA and try giving them my i-485 and i797c and see if that'll get me anywhere. 

Thank you guys so much for your help!

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
3 hours ago, Ninjaturtur said:

sounded like she could do it right there and then and didn't say anything about 2 years of taxes or anything

When you go down rabbit hole, the work around for the 2 years of taxes is obvious but it requires you to perjure yourself, which apparently the state legislature of Maryland is fine with.  I will not explain future nor advocate doing that.

 

Just be careful what you sign.

Posted (edited)
3 hours ago, Ninjaturtur said:

@EatBulagathank you!

@DemiseUnfortunately, I still have not received my EAD yet. I will try contacting the senator or congressman.

So people in Maryland, did you get your driver's license and lose it after 4 months and waited for EAD to come in?

Is there anyone who "negotiated" their way into extending their drivers license?

 

MVA staff offered to put me on a non compliant status and she said after I get my papers, I can simply update my status. 

It sounds so easy, but I can't imagine there to be no catch. 

It sounded like she could do it right there and then and didn't say anything about 2 years of taxes or anything. 

My husband did not apply for his license until he had an EAD to avoid the issue you're experiencing. I did not see the point of it. Once you have that, assuming you have an SSN, and your name on some joint documents, you'll be good to go. Update it again once you get your green card. I do not advocate for a non-compliant license as you are not undocumented by any means. You are simply not documented enough in the way the state assumes. It used to be you could argue your status with an NOA1, passport, and I94. You will not get the MD-DMV to understand the finer nuances of immigration. It's one of the drawbacks on a K1. Hopefully you can have some alternate transport until you're good. Back then it still took a while to get the EAD, and I'm assuming it's taking even longer now unfortunately.

Edited by yuna628

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Filed: K-1 Visa Country: China
Timeline
Posted

Hi. We live in Maryland too! Unfortunately there was no way around it. My husband just waited until he got his work permit(ead) and then got his license. My husband got here June 2021 and his ead in May 2022. Ppl  He got his license in Sept 2022 and the expiration is his birthday 2031. 
 

You can submit your passport to get a itin to have a non federally compliant maryland driver’s license but it wasnt worth it for us cause then he’d be without any ID and we need it for bars, lounges etc

 
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