state ID and learner's permit

[tokyobelle 2]

so i applied for a state ID and a learner's permit shortly after i received my NOA for my adjustment of status application but they have to delay the approval since they said they have to check back with Homeland Security about my status since my I-94 is expired. my husband and i were told to call today and the woman we spoke to on the phone said that i have to renew my expired documents in order for me to get my state ID and learner's permit application approved. i told her that the I-94 cannot be renewed (at least that's what i know for k1) and told her about my pending green card application (i submitted the NOA during the ID application). she said i have to get back on her when i get my green card. i am confused...i am under the impression that they can issue a TEMPORARY state ID if i have the requirements but it seems that the NOA didn't matter.

i live in Utah, i am not sure if someone had a similar experience. can someone please enlighten me? my husband tells me just wait for my green card but being the persistent me, i was like...why would they put that information on the website if they're not gonna honor it anyway?

btw here is the list of the requirements:

If you are in the United States legally but not a U.S. Citizen, U.S. National or Permanent Resident Alien, you must provide the following documentation to obtain a Limited-Term Driver License, Limited-Term Learner Permit, Limited-Term Identification Card, or Limited-Term Commercial Driver License:

Identity and Legal/Lawful Status Verification (must provide one)

Unexpired Employment Authorization Document (EAD) issued by DHS, Form I-766, or Form I-688B; verified by the Systematic Alien Verification for Entitlememts system (SAVE); or

Unexpired foreign passport with documentary evidence of the applicant's most recent admittance into the United States verified through SAVE;

AND

A document issued by the U.S. Federal Government that provides proof of one of the statuses listed below verifying lawful entrance into the United States of America:

Unexpired immigrant or nonimmigrant visa status for admission into the United States issued by the U.S. Government;

Pending or approved application for asylum in the United States;

Admission into the United States as a refugee;

Pending or approved application for temporary protected status in the United States;

Approved deferred action status; or

Pending application for adjustment of status to legal permanent resident or conditional resident

Social Security Verification (must provide one)

Social Security card issued by the U.S. Government that has been signed and has not been laminated; or

If the Social Security card is not available, the applicant may present one of the following documents which contain the applicant's name and full SSN:

W-2 Form;

SSA-1099 Form;

Non SSA-1099 Form;

Pay stub showing applicant's name and full SSN; or

Letter from the Social Security Administration indicating ineligibility to obtain a Social Security number as a result of their legal/lawful presence status.

Applicants applying for an original CDL must present the Social Security card.

Utah Residency Verification if different than current Utah Driver License record (must provide two)

Must display the applicant's name and principal Utah residence address (NO PO BOX), which may include:

Bank Statement (dated within 60 days);

Court documents;

Current mortgage or rental contract;

Major credit card bill (dated within 60 days);

Property tax notice (statement or receipt dated within one year);

School transcript (dated within 90 days);

Utility bill (billing date within 60 days), (cell phone bills will not be accepted);

Valid Utah vehicle registration or title;

Other documents acceptable to the Division upon review, except that only one document printed from the internet will be accepted.

AND - Proof of Driving Experience required for first Utah license (not required when obtaining a learner permit)

Evidence of completion of a course in driver training; or

Evidence of a driving privilege issued in another state or country.

[kstrozyk 13]

I've been through same thing in California few years ago. Apparently, NOA is meaningless to DMV. They told me to come back with something showing that I'm here legally. They also told me that NOA would help me only if my I-94 was still valid. In this case they would have given me regular driver's license instead of one expiring on the last day of I-94.

[ronluvme 10]

hi,

the best thing to do is wait for your "GC"and proceed whatever ID'S u want to gather.goc is the key,ohh gc+ssn.be patient we are in the same boat

[On-Queue 3]

Guys read on your NOAs. It's clearly stated there that the documents doesn't mean anything rewarding your status approval. It's mere notice that they received your application; therefore DMV will not honor your application

[tokyobelle 2]

Guys read on your NOAs. It's clearly stated there that the documents doesn't mean anything rewarding your status approval. It's mere notice that they received your application; therefore DMV will not honor your application

i didn't mention anything about my status approval, i was pointing out why would they list the requirement of having a pending adjustment of status application for a TEMPORARY state ID if they are just gonna look at the I-94 anyway, which we all know would expire in 90 days.

well i am glad that i am not alone in this. if this is the case then they should stop posting the misleading requirements and just say present a GC. i waited specifically to get my NOA prior to applying since i know the I-94 is no good.

[tokyobelle 2]

I've been through same thing in California few years ago. Apparently, NOA is meaningless to DMV. They told me to come back with something showing that I'm here legally. They also told me that NOA would help me only if my I-94 was still valid. In this case they would have given me regular driver's license instead of one expiring on the last day of I-94.

i see. yeah, unfortunately i sent my AOS application a couple of days after my I-94 expired. it was stated on the list to present unexpired foreign passport with the evidence of admittance but it wasn't clear if the I-94 should remain unexpired or i guess i was confused.

[ryna 132]

Did you apply for the EAD as part of your AOS? The EAD counts as a valid document according to the list you posted and should arrive sooner than the Green Card. In my wife's case, the EAD arrived about 6 months before her GC will.

Also, I think the pending AOS notification only works if you have a valid, unexpired I-94 that would otherwise be ineligible to receive a license/ID.

Edited December 2, 2011 by ryna

[tokyobelle 2]

Did you apply for the EAD as part of your AOS? The EAD counts as a valid document according to the list you posted and should arrive sooner than the Green Card. In my wife's case, the EAD arrived about 6 months before her GC will.

Also, I think the pending AOS notification only works if you have a valid, unexpired I-94 that would otherwise be ineligible to receive a license/ID.

yes I did. i guess i will have to wait for the EAD then. thanks for all your replies

[N M 96]

yes I did. i guess i will have to wait for the EAD then. thanks for all your replies

EAD was all that Colorado required from me. Certainly didn't have to wait for my GC.

[paul_kay 31]

I was able to get a State ID with an expired I-94 as long as I proved my AOS is pending. All I needed were these:

To prove:

*Name - Passport, K1 visa (I brought my Marriage Cert to prove name change)

*Age - Passport (I brought my Birth Cert but they don't need it)

*Residence (I needed two for this to prove my address.) - Official mail from the gov't which are NOAs from AOS & Letter with my Health Insurance Policy that shows my name and address

*SSN Card

I'm thinking. K1 Visa proves that you are qualified to Adjust Status along with your Marriage Certificate. Right? Add your NOAs with all of them, it makes sense.

[tokyobelle 2]

well unfortunately my NOA didn't do any good. they said to come back when i have my EAD or GC in hand.

[MikelanNida 28]

We were told the same here in Texas so i went to there website and printed out the rules and took it with me, They took the pages to the supervisor and in a few minutes returned and told us we could get the state ID. It states limited term identification card and expires 12/12/2012. Our I-94 was expired but it doesnt matter according to there website as long as we show proof of a pending AOS case. Maybe not the same in your state but it worked for us.We dont have a greencard or EAD yet.

[missicy 87]

I'm thinking. K1 Visa proves that you are qualified to Adjust Status along with your Marriage Certificate. Right? Add your NOAs with all of them, it makes sense.

To me, it actually doesn't make sense. K1 visa makes you only eligible to adjust status, but it doesn't prove that you actually adjusted status and became legal resident. Any married K1 holder can apply for AOS and receive NOA but that doesn't mean that they will be approved. Sometimes people get denied, some couples break up and the petitioner pulls the I-864, meaning automatic denial of AOS. If those people were able to obtain ID or driver's license while their AOS was pending (before it was denied), now they are running around the country illegally with legal IDs and driver's licenses. So I think that GC being a requirement for ID and driver's license is a great idea, but some states still accept NOA1's unfortunately.

[tokyobelle 2]

We were told the same here in Texas so i went to there website and printed out the rules and took it with me, They took the pages to the supervisor and in a few minutes returned and told us we could get the state ID. It states limited term identification card and expires 12/12/2012. Our I-94 was expired but it doesnt matter according to there website as long as we show proof of a pending AOS case. Maybe not the same in your state but it worked for us.We dont have a greencard or EAD yet.

that's good. i actually tried to reason and told them about the requirements in their website but they said i am not alone in this case and every immigrant who applied for this without their adjustment status in our area were also waiting for their EADs or GCs in order to get the state ID.

i decided to just wait, deal with it later on and get the actual state ID rather than the temporary one.

it's just frustrating though in a way that the rules are kind of inconsistent so i dunno which is which, since some people are getting their IDs apparently.