ID from DMV

[Gary Rich 261]

Good Afternoon.  I could use some help here. Me and my wife went to the DMV to renew her ID, now some might say why she needs to renew it.?

When my wife arrived here in the States, she got her ID from DMV.. But it only lasted for I believe 1-month or 45 days( can't recall right now I don't have it in front of me)

This past Saturday we went to DMV.. to get a new one and they told us that she could not renew it. because the visa had expired and I believe they day said I-94 had expired.

 They said they needed to see something that said that she has a residence here.. i showed them our marriage certificate.. the expired ID.. some mail that she had.. 

The lady said something to the effect like she needed something from USCIS.. saying that she entered the state legally. I was thinking when we get her EAD.. that will solve the problem? @crazycat

Edited August 12 by Gary Rich

[Marieke H 2,496]

This is very common for K-1 visa holders. Her ID probably had the same expiration date as her visa or I-94. Now that that has expired, she will need to wait for the EAD or green card to be able to get a new ID. She will be in limbo for a while; she has authorized stay if she has filed her I-485, but she can't really do anything because most places will not accept the I-485 receipt notice as proof of status.

[Gary Rich 261]

1 minute ago, Marieke H said:

This is very common for K-1 visa holders. Her ID probably had the same expiration date as her visa or I-94. Now that that has expired, she will need to wait for the EAD or green card to be able to get a new ID. She will be in limbo for a while; she has authorized stay if she has filed her I-485, but she can't really do anything because most places will not accept the I-485 receipt notice as proof of status.

I checked the DMV.. they do accept the i-485 receipt notice.. the only good thing going my way is that she just got approval for her EAD on Saturday, Aug 10th. and had her Bio on the 8th of Aug.

Im looking at the i-94 and it does not have an expiration date on it. we did file i-485

[Crazy Cat 41,834]

26 minutes ago, Gary Rich said:

the only good thing going my way is that she just got approval for her EAD on Saturday

That should work fine.  They want to see that she is legally in the US.

[Gary Rich 261]

4 minutes ago, Crazy Cat said:

That should work fine.  They want to see that she is legally in the US.

Thank you.

[K1visaHopeful 2,813]

Driver's license rules vary by state. 

You (or anyone reading this) can look yours up by Googling "Driver's License (your state) non US citizen".

In most states, a K1 will not be allowed to drive passed day 90 on a state obtained DL. That's just one of the down sides to the K1 process. Had driving been required by the immigrant, a spousal visa is the better route. 

*K1s cannot use International licenses in most states either as they are for visitors not immigrants. 

[Monument256 8]

Hi Gary! My husband and I live in NC, thus I realize rules for licenses vary state to state. We got married in June ‘24, and we went to the NCDMV in July (with his SS card received - as that’s required here) and he was able to get a REAL ID /license but as you mentioned only until the end of his k-1 visa term. We just went back on August 9th, and brought the I-797 receipt for the green card application; and his license was extended to a full-term 8 year license (the back of the card now states legal presence verified until 2032). NC law was passed in March 2023 requiring the state to issue full term licenses to individuals waiting for their green card application. Within the law passed, it states that you must bring proof of legal presence but simultaneously one’s legal status is checked via the SAVE system. We had made an appointment for this renewal/update and my husband was in and out in 15 minutes. 

[ScarletWitch6x 62]

Honestly, the best advice to anyone reading this is to reach out to your specific state's BMV. Since this is a power delegated to the states it can get really messy. 

 

For example, here in Ohio someone who is establishing residence can only drive on an out-of-state (or country) license for 30 days after establishing residency. As someone preparing for my K1 fiance I have started contacting them to ask what they would need for someone pending AOS, because it is not something they blatantly advertise on their website (unless you get an EAD).

[Gary Rich 261]

4 minutes ago, ScarletWitch6x said:

Honestly, the best advice to anyone reading this is to reach out to your specific state's BMV. Since this is a power delegated to the states it can get really messy. 

 

For example, here in Ohio someone who is establishing residence can only drive on an out-of-state (or country) license for 30 days after establishing residency. As someone preparing for my K1 fiance I have started contacting them to ask what they would need for someone pending AOS, because it is not something they blatantly advertise on their website (unless you get an EAD).

my wife.. just got approved for her EAD, this past Saturday. So hopefully that will solve the problem

[ScarletWitch6x 62]

13 hours ago, Gary Rich said:

my wife.. just got approved for her EAD, this past Saturday. So hopefully that will solve the problem

In my state, it would  license would be issued for the length of time the EAD is good for. 

[powerpuff 6,697]

*** Thread moved from AOS K1 forum to Moving to the US & New life in America forum as this is where IDs and DLs are discussed ***