Greetings VJers,

I'll try to make this a concise as possible. I'm new to this site and I'm sure I've missed a lot of info that is available on this site. I just haven't had much time to research this site.

My wife came to the U.S. on a K-1 visa on April 30. We married a month and a half later on June 14. A short time later (about a week) we applied for and received her SSN/card. I plan to send off the application for AOS in the next couple of weeks.

Her English is still a work in progress, although she is coming along very well (she's from Medellin, Colombia). It will prob. be a while before she will be able to pass a driver's license exam, but I did want to get her a state ID (GA). I called the driver's license services for GA and was told that I needed the SSN, passport, I-94, and her birth cert. (translated). No problem.

So, we went to the driver's license office with all the required docs, but the officer noted that the expiration date on the I-94 was the same day we were there (July 31, I think). He told me that he could issue her an ID, but that it would expire the next day, since the I-94 expired that day. This made abolutely no sense to me and I tried politely to reason with him. Now, I was told by USCIS that once the fiancee enters the country and marries within the 3 months, the I-94 expiration date is no longer relevant. I was also told earlier by two separate USCIS reps that once the fiancee is married there is no real time limit (sorry that's not the right word) for applying for AOS.

The officer at the driver's license office told me that there is a new rule (GA only?) that they have to put in the I-94 expiration date on first-time applications for driver's licenses or IDs, so I would have to wait until I had her Green Card.

I know that having an ID/driver's lic. is not the most important thing right now and that it doesn't really have anything to do with the visa/residency process, but I thought it would be useful to have and I know of a lot of other people here from other countries have gotten their state IDs or driver's licenses with no problem.

Am I missing something?
Any insight/suggestions would be greatly appreciated,

Take care,

Eugenio (GA)

unfortunately, each state DMV has their own requirements and rules.
check the DMV website for GA and see what they really require. if you have everything, then go back with a printout and argue your case... or try another office. good luck!

You have miised a lot! Since last year there have been several postings about different states requiring different documents to issue a state ID or drivers license. Here in Colorado you need an EAD or Green card to get a state ID or driver's license (after the expiration of I94) and then its valid for only the duration of the ID (one year if EAD is used or two years if green card is used.) I also argued with some influential friends in the DMV but this is a policy they have adopted with no regard to the inconvenience it causes many people in the K1 and other visa categories. Some states will issue the ID/dr. lic on the showing of NOA1 others won't. Good Luck

Hi
Sorry to hear of your wife's plight. I will be coming to GA soon . From what I am reading from your post It means that I will not be able to use my GA license when obtained after my I-94 expires. this will be quite senseless. Please keep us posted.



Shar

Eugenio,
My husband encountered the exact same thing a few weeks ago when we tried to get his driver's permit. We were told about the new law (it doesn't make sense, but when you deal with the government what does?). We were told that they were not familiar with the K-1 as we were the second couple to come through their office with one. She then proceeds to tell me that she had spoken to someone at USCIS (while we were waiting) and they told her we needed the I-485 and the I-765 (duh...we already had those filled out and ready to mail) and to come back when we got the Green Card.

THEN...when we went to get Joel's fishing license, a lady who works there (one of my parents at school) knew of our story and was asking questions about the progress. So we told her about the license thing. She made a call and SHE was told that Joel needs his EAD to get his license. WHY weren't we told this when we were there a few days ago?

So now we wait...he's legal to fish in Georgia, but not legal to drive. Heh....go figure....

Yeah, the new law does suck. You can use the EAD to get a driver's license or state ID. I know I had t wait for my EAD since I didn't have enough time left on my I-94 before it expired for them to issue me a driver's license but the EAD came in very quickly and they issued me a 5 year license rather than one that ends when the EAD did. You may wish to apply for an EAD if only for the proof of legal status that it gives your wife. btw - Welcome to Atlanta/Georgia!

CA DMV is similiar we attempted to get my wife a state ID card, and were told we could not do it, without green card or EAD, Then after trolling these forums I met a person who had used their Interview Notice & Marriage Liscense & passport to get ID, we tried it last week even after being told we couldn't. It worked!

We were lucky enough to get a different DMV staff person, they accepted our documents and she was able to get CA state ID, she is studying now for DL exam.

My point is there are some set rules within DMV and depending on the staff person there are some exceptions, DMV like most Govt. offices do not employ the most logical proactive thinking people. My suggestion is schedule an appt. bring ALL documents with you from USCIS, try it again and pray you get a different person, if that dosn't work apply for EAD card it trumps state ID's any way as a Govt. ID,

all states are falling in line with the federal REAL-ID that requires that all states verify the applicants legal status here before issuing any IDs, and can only be issued for the length of their present legal presence.

any state that does not do this, the feds will not allow that these IDs be used for any federal purpose such as boarding an airline flight, or used for ID to seek SSA benefits, or even go to a USCIS field office.

Tik has a GA id and the processed date is 6/28/2006 it expires on her bday in 2011. We tryed last week to get her learners premit and we were turned away. They said she would expire when the i-94 expires. They did say I could get her pasport restamped and then get the licence and it would expire when the new stamp did or I could wait for her green card. Anyone know If I could get her pasport restamped?

Tiksman,

You are kind of in the same situation. Did you apply for an EAD as well for Tik? The only stamp you will be able to get in her passport now won't be until she is approved for her green card. Her I-94 verified her legal presence in the country until its expiry; the AOS application extends her legal status while it is in processing until a decision is made at which time she is approved and her passport can be stamped (if the greencard is going to take a while to arrive) or denied. There isn't an intermediary stamp available to say she is awaiting an AOS approval. If you applied for an EAD, then you can use that to apply for her permit. If not, then you need to wait for her AOS decision. Hopefully that won't be long since they seem to be moving much faster with them these days.

In all my research, I have to agree with you. Each state is different, but they tend to go with USCIS requirements. That is, until you have a GC, you really don't count. Not only for State ID's, but with SSN's as well. If you can't get everything while the I-94 is still valid... you might as well wait till you get the GC.

How long is the I-94 valid for? When does the clock start ticking on that document?

We plan to apply for all the fun alphabet soup stuff - AOS, EAD, AP, SSN - as soon as we have our marriage certificate. We will do it all at once to get it all rolling as quickly as possible.

~Liza

Your I-94 will be valid for 90 days. The clock starts ticking the day you enter the U.S.

Eugene,

The I-94 expiration date remains quite relevant. The act of getting married prior to that date satisfies the marriage requirement of the K1 visa, but the I-94 expiring has other implications in addition to that.

For any non-immigrant entry, the allowed period of stay in the USA is set by the expiration date of the I-94. There may be no time limit for a married K1 to apply for AOS, but until they do apply for AOS they are out of status once the I-94 expires. Most (all?) state DMVs are not going to issue a DL or ID to an alien who has no status in the USA.

(Another implication that I expect you've heard of - if a K1 accumulates 180 or more days out of status they'd best not leave the USA until their adjustment has been completed, even if they have advance parole.)

Yodrak