Our AOS packet has been filed and the check has been cashed. We're waiting for confirmation via mail to arrive from the USCIS. In the meantime I went to the DMV and obtained the necessary forms to apply for my license. The lady said that since 60 days have passed on my I-94 that it is no longer a valid 'immigration status' form of ID and that something like a green-card will be valid which obviously takes a long time.

However, in their information pack it says that a Notice of Action (I-797 Approved petition) is valid. Will the USCIS issue an I-797 just like they did for the I-129F at the beginning of the K1 process to show that the petition has been 'approved' for the AOS?

Have any other drivers applying for a CA used this notice without problems? Clearly, waiting for the AOS to be completed could take months and months and I'd like to be driving with a CA license instead of the UK I currently have. I have a SSN.

Thanks

The I-94 will not be accepted if there is less than 60 days validity remaining.

The I-797 will be accepted - i.e. once your petition is approved. This is sent to you by USCIS by way of notification once aproval takes place.

Technically you can only drive on your UK license for ten days in CA if you are a resident!

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP


If you take a job here or become a resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.


Limited Term Legal Presence
All original and pending driver license or identification cards will expire on the expiration date of his/her birth date/legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you. (i.e. this would be your I-797 or green card)

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.


Only the original or a certified copy of one of the following documents is acceptable if you're from the UK.

• Certificate of Naturalization or Citizenship
• Permanent Resident Card
• Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
• Employment Authorization Card
• "Processed for I-551" stamped in a valid foreign passport
• Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
• Notice of Action (I-797 Approved Petition)

The only notice I received for an approved AOS application was the I-797D which came in the mail with my green card.
So it wasn't like the I-129F. (the GC was actually attached in the I-797D).

To drive around the city, I applied for a temporary driver's license instead using the driver's license I have from my country. The expiration was 3 months. And before it expired, I got my GC.

Thanks for the information. As much as it varies from case to case, in your experience how long did it take for you to receive your I-797 for the AOS? I suspect from what you've told me that my EAD will most likely arrive first and will be used as evidence to apply for a license. I've had no problems with ID requests having my UK license being used since these requests have not asked for my immigration status. So during the AOS process I should be fine using my UK license as ID and evidence that I can drive but as soon as I receive my EAD or Notice of Action I should immediatley apply for a license?

Where did you get the information to obtain a temporary drivers license from?

I talked with the DMV supervisor in person and went to three different offices. I also tried calling their official hotline but it didn't help (except for the call I made to the main headquarters in Sacramento, problems verifying my legal presence). Most of the DMV agents are incompetent when it comes to dealing with a K-1 visa holder..

I suggest when you go to the DMV office, talk to the supervisor.

I forgot to add that waiting for the EAD is your best bet, in this case. The only thing is that the expiration of your DL will depend on your EAD validity. But more importantly is you can drive until it expires and hoping that the GC arrives by that time.

This is the approval notice I received. I also got the welcome notice and touches online. Just to give you an idea of what to look forward to in the mail, if things have not changed since last year.