I-94 and driver's license

[aholloku 0]

First, I wanted to say that VisaJourney has saved us many times!! We love this website and it's been so helpful, but until now have never signed up. Now, I have a question. My husband came here on a K-1 Visa on 10/07/2013. We got married immediately. We just went to the DMV (in California) to get his Driver's license, but because his I-94 is going to expire on Jan 4, 2014, they would not issue it. I thought that since we got married and he now has an SSN, we basically don't really use the I-94 anymore? So, my question is two part:

1) Has anyone else had this experience, and are they right, or were we given bad information?

2) does this mean we need to extend his I-94!? We have all the paperwork ready to send out for the AOS, but until he actually gets approved for the AOS, does that mean we need to continue extending the I-94?! If so, can you guide us on where to start with that?

Thanks so much!

Angie

[Darnell 8,478]

I thought that since we got married and he now has an SSN, we basically don't really use the I-94 anymore?

Oops. For participating in the USA, he's going to need an EAD card or a greencard, which means you two should file AOS now or nowish. If you haven't included the EAD application with the AOS set, hey ! handle that today before you ship it all out, as EAD can be granted 90 to 110 days after filing.

Edited December 10, 2013 by Darnell

[Pitaya 2,577]

~Moved from K-1 Process to Working and Traveling During US Immigration Forum~

~Inquiry involves that phase of AOS process, and is often asked in this forum, Past K-1~

(organizer hat off)

Each state has different rules and regulations regarding driving licenses. Hopefully, someone from CA will respond soon. It has been reported in these forums that many state authorities have been known to refuse to issue a driving license based upon a soon-to-be-expired I-94. Since you came in on a K-1, the I-94 cannot be extended.

http://www.uscis.gov/visit-united-states/extend-your-stay

Like Darnell says, file your AOS, include the EAD and AP applications. There is no additional fee for EAD and AP when filed with your AOS. Check the Guides for details.

http://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers

Many states will issue a driving license based upon valid EAD, and for sure with a valid GC.

Good luck.

[Lynkali 163]

Yes to the above posters: for California, you need EAD and not I-94 to get a driver's license or state ID. Green Card is even better, but it's my understanding the EAD will work -- we're currently waiting for ours so we should know from personal experience in a month or two.

File your AOS along with EAD and AP, those two additions are easy (very little paperwork) and free when you file along with AOS, and in 2-3 months you will have work authorization, which will also allow you to get the DL.

[Demmy 6]

I had the same issue here in Texas, I did not have my EAD at the time that I applied for my DL. My I-94 had expired as well, I scheduled for my learners permit using my passport, SSN and other required documents to show that I reside in the state. I wasn't allowed to take the test until the DMV verified my lawful presence with Department of Homeland Security, the verification process took only three days, i got a letter in the mail from my local DMV to go back and take my test.

When I was ready to take my drive test, again they did the same thing. They verified my lawful presence, sent me a letter in the mail to go take my drive test. I got my DL now.

Ask to speak to the manager/senior supervisor, they can assist you on the options available. That is what we did. As long as you are here lawfully, you should be able to get your DL.

All the best.

[mtrej24 0]

Hi! I have the same issue and my fiance and I are getting pissed. We are from California and we just went to dmv today, my i94 expires on jan22, 2014.My fiance and I are getting married on dec19, 2013. I highly doubt that the i94 will be extended not until the greencard was issued which would be like 3mos from now once we sent off the papers for the adjustment of status. I don't know what to do. I also had my SSN now and says with dhs work authorization. This is another thing, does this give me authorization to work without the EAD or do I really have to apply for it? Too many issues going on. Hopefully someone can help me/us. Thanks a bunch!

[Lynkali 163]

Hi! I have the same issue and my fiance and I are getting pissed. We are from California and we just went to dmv today, my i94 expires on jan22, 2014.My fiance and I are getting married on dec19, 2013. I highly doubt that the i94 will be extended not until the greencard was issued which would be like 3mos from now once we sent off the papers for the adjustment of status. I don't know what to do. I also had my SSN now and says with dhs work authorization. This is another thing, does this give me authorization to work without the EAD or do I really have to apply for it? Too many issues going on. Hopefully someone can help me/us. Thanks a bunch!

No, on a K-1 you cannot work and you cannot get a DL (in California) until the EAD comes through, after you file for AOS. This is all very clearly stated in the guides and documentation, and it's one of the only drawbacks of the fiancé visa -- on the CR1 (married) you have all rights and privileges right away after entry, but K-1 has a lot more work and waiting to do after arrival in the USA. It's almost making me regret our choice, but we'll get through it!

After you marry, file AOS paperwork along with the EAD and AP -- in about 2 months, you'll have EAD and then you can work as well as get a driver's license.

SOME states do allow DL based only on I-94 or whatever, but California is not one of them.

In NO CASE are you allowed to work before your EAD card arrives.

[Pitaya 2,577]

Hi! I have the same issue and my fiance and I are getting pissed. We are from California and we just went to dmv today, my i94 expires on jan22, 2014.My fiance and I are getting married on dec19, 2013. I highly doubt that the i94 will be extended not until the greencard was issued which would be like 3mos from now once we sent off the papers for the adjustment of status. I don't know what to do. I also had my SSN now and says with dhs work authorization. This is another thing, does this give me authorization to work without the EAD or do I really have to apply for it? Too many issues going on. Hopefully someone can help me/us. Thanks a bunch!

Welcome to the forum.

accessible at the top of the forum page. In particular, the AOS guide: http://www.visajourney.com/content/k1k3aos

If the beneficiary came here on a K-1, the I-94 cannot be extended. Take the opportunity to look at the USCIS link I previously provided.

No, the EAD (or GC) is the required DHS authorization for work. You need it (or GC) and your SSN to be able to obtain legal employment. You should apply for EAD and AP at the same time as you file your AOS paperwork. This was previously mentioned my Darnell. EAD/AP (I-765/I-131) combo cards are usually issued within 60-90 days. Additionally, there are no additional fees for EAD/AP filing if done at the same time as the AOS submission. Right now, AOS processing and GC issuance times are all over the board, there are few accurate predictors.

Good luck on your immigration journey.

[mtrej24 0]

Thank you so much for your help! I live this website, everyone is so helpful.. Thanks a lot

[Darnell 8,478]

Hi! I have the same issue and my fiance and I are getting pissed. We are from California and we just went to dmv today, my i94 expires on jan22, 2014.My fiance and I are getting married on dec19, 2013. I highly doubt that the i94 will be extended not until the greencard was issued which would be like 3mos from now once we sent off the papers for the adjustment of status. I don't know what to do. I also had my SSN now and says with dhs work authorization. This is another thing, does this give me authorization to work without the EAD or do I really have to apply for it? Too many issues going on. Hopefully someone can help me/us. Thanks a bunch!

Alas, this stuff is covered in the Guides section, a comparison of K-1 vs the others, but

IMO, your best bet is going to be to file the EAD and AP with the AOS set (fees are waived) then get a DL after the EAD card is in hand. That's the fastest, given yer exact situation.

What to do, prior? Just to fill the time? ride with yer USCitizen Spouse on the daily ride into work, asked to be dropped off at the closest university there, and study in the computer lab, how stuff works in the USA.

Best 90 days o study, IMO.

I-94 extended? No such thing for a K-1 visa holder. Any government officer that states 'You could try to extend your I-94' is a loon, improperly trained, so bear that in mind as you run across this in the future.

DHS Authorization = EAD or Greencard. You really should apply for the EAD with the AOS set - it's FREE and you'll have a nice card within 90 to 110 days after filing with the AOS set.

However, now that you have a SSN - remember - you can do other interesting stuff, like trade stock online

[mtrej24 0]

@darnell

DHS Authorization = EAD or Greencard. You really should apply for the EAD with the AOS set - it's FREE and you'll have a nice card within 90 to 110 days after filing with the AOS set.

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I went to the USCIS website and it was clearly stated there that we have to pay 1070 in total including the biometric fee thing. Is that right? I ran over the exceptions but I'm pretty sure I'm not in any of it. So yeah

[Darnell 8,478]

@darnell

DHS Authorization = EAD or Greencard. You really should apply for the EAD with the AOS set - it's FREE and you'll have a nice card within 90 to 110 days after filing with the AOS set.

------

I went to the USCIS website and it was clearly stated there that we have to pay 1070 in total including the biometric fee thing. Is that right? I ran over the exceptions but I'm pretty sure I'm not in any of it. So yeah

What are you asking me ? Are you asking me to vette what yer reading? I'll offer this, instead. Read the two posts I've written here, 2 or 3 times.

[mtrej24 0]

@darnell

You said its FREE. That's what I read from your post when I read it THREE times. Now if you can read this thing for three times maybe you'll see what I'm tryin to ask. THANKS.

http://www.uscis.gov/i-485

Edited January 6, 2014 by mtrej24

[Phillary 45]

Same here in Arizona. If the I-94 is about to/has expired, no driving license.

The f^&%tard gave me great advice about "extending my I-94" and "going in to see Immigration and stating your case"...

He did say that the permanent residency card would be needed otherwise, not just the EAD.