Help with DMV and temporary license expiration?

[theanswerisdance 144]

I'm wondering if anybody has any advice on how to proceed with a DMV issue. I arrived in the USA on May 5 on my K-1, married my husband on May 9, and filed for AOS, EAD and AP on May 12. I have already been to my biometrics appointment, received my SSN, registered my Canadian car at the DMV, and obtained my learner's permit.

Today I went back to the DMV to take my driving test which I passed, however, when I went inside to get my license, the guy at the counter took my passport again to verify my identity and when he did so, started examining my paper I-94 (which expires Aug 2, 2015) and my K-1 visa very extensively (the guy who issued my learner's and registered my car last week didn't seem to have any problem with it). He then informed me that I only have 2 months left in the country legally based on the I-94 and that because of that, they won't issue me a real license until I have proof of LPR. He issued me a temporary license but it will expire on August 2, the same day as my I-94, and they will not renew my license if I don't have proof of LPR by that time.

I'm really worried because I don't see how my Green Card will be issued in two months (I've barely been here a month already) and when I asked to speak to a supervisor, they repeatedly told me the same thing -- "we need proof of legal permanent residence" -- but would not give me any options as to how I could prove that besides the actual Green Card. I don't want to have my license suspended and have to go through this process all over again, not to mention, if I get my EAD by that point, I'll need to be able to drive for work.

Can anybody tell me if they've had experience with this, and what other proof I can show that I AM here legally and that my AOS is processing? I don't want to go back to the DMV to argue my case until I can be confident that I'm showing them all the right proof...

Thank you in advance!

[TwoChickies 105]

I'm afraid of running into this too. We were already told the same thing by an insurance company, saying my husband didn't actually have permanent residence here and that they'd need the compliance letter, both of which "you don't have." Even though yes, we do have them.

When we go to the DMV here in NC I am going to be fully prepared with a print out of their website. Under proof of residence it lists all the acceptable proofs, and both K-1 and CR-1 stamps are acceptable.

I would check your DMV site and see if you can find the same thing.

[Ebunoluwa 6,136]

You just may have to wait until you receive your EAD card. Some states require a minimum of 6 months left on some kind of paperwork and don't understand how that fits into the K1 requirements. Some take the NOA1 but most have to wait until EAD in hand.

[evapaula 230]

DMV is right, they can't issue a licence for longer than you are legally in the country, and right now all you have is the K1 visa to show legal status (NOA1 is debatable). But if you filed for EAD on May 12, you should have it before Aug 2 (usually takes less than 90 days). That will give you a licence for another year, and hopefully you'll have a GC by then.

[JACo 8]

Not sure if this is state specific, but with an EAD, you should be able to renew your temporary license to another temporary license that will expire when the EAD expires. Then when you get your green card, you can go ahead and renew it again to another temporary license that will expire when your green card expires... Which you can then renew again when you get your ten year green card.

Unless, of course, your state doesn't approve EAD as a form of identification that shows immigration status. I'm not aure why they would not though. Check their web page, go to their office with the information, if they want to be difficult, prove them wrong.

I hate DMV.

Edited June 9, 2015 by JACo

[jxn 86]

You just may have to wait until you receive your EAD card. Some states require a minimum of 6 months left on some kind of paperwork and don't understand how that fits into the K1 requirements. Some take the NOA1 but most have to wait until EAD in hand.

Just wanted to second this comment. DMV issues are state-specific and many states these days only give you an ID for the time you have legal residency for. In my state you need at least six months remaining, so a K-1 waiting on EAD/green card couldn't get anything here.

When you get your EAD it will be valid for a year. Take that to the DMV before your new ID expires and they'll give you a replacement good until that expiration date. Repeat when you get the green card, which will be good for two years.

[NikLR 13,220]

This issue varies by state. For instance I only have a CR1 and Im currently removing the conditions. I got my driver's license switched over when I moved here, in Colorado you do not need to do everything again if you're Canadian, and my license expires 2018. Many states will only do it the length of the green card. OP I suggest you renew the card when your EAD shows up, or get your license then if your learners (or you) can last that long. You can renew again as needed once you have a green card too.

[NikLR 13,220]

Also all states will have online a list of acceptable forms of ID for the DMV.

[theanswerisdance 144]

Thanks everybody! For those who have experience using the EAD as proof till you get the GC, did they issue you a *real* photo ID license when you provided the EAD? All I have is the temporary paper copy and I am wondering if that's all I'll keep receiving renewals of until I get the GC? I was looking forward to having government photo ID once I got my license so I wouldn't have to keep bringing my passport as my only form of photo ID everywhere I go. I asked today if I could get a California photo ID today (non-DL) until I got my license issued but that's not allowed because technically I do have a California license so I can't have both). I just hate carrying my passport around for so many things, I'm always afraid of something happening to it.

[jxn 86]

Thanks everybody! For those who have experience using the EAD as proof till you get the GC, did they issue you a *real* photo ID license when you provided the EAD? All I have is the temporary paper copy and I am wondering if that's all I'll keep receiving renewals of until I get the GC? I was looking forward to having government photo ID once I got my license so I wouldn't have to keep bringing my passport as my only form of photo ID everywhere I go. I asked today if I could get a California photo ID today (non-DL) until I got my license issued but that's not allowed because technically I do have a California license so I can't have both). I just hate carrying my passport around for so many things, I'm always afraid of something happening to it.

I'm guessing your state follows the same protocol as mine. The temporary paper ID is for you to carry until you receive your normal plastic ID card in the mail. Some states are moving away from giving IDs on the spot in order to reduce fraud (corrupt employees printing fake IDs, identity thieves getting a real ID with fake documents, or by posing as someone they're not).

[NikLR 13,220]

I'm guessing your state follows the same protocol as mine. The temporary paper ID is for you to carry until you receive your normal plastic ID card in the mail. Some states are moving away from giving IDs on the spot in order to reduce fraud (corrupt employees printing fake IDs, identity thieves getting a real ID with fake documents, or by posing as someone they're not).

I'd have to agree with this. BC and Alberta both do the same thing. My Colorado license looks fake compared to my ones from Canada but I also had a temporary paper until the actual card came.

[theanswerisdance 144]

I'm guessing your state follows the same protocol as mine. The temporary paper ID is for you to carry until you receive your normal plastic ID card in the mail. Some states are moving away from giving IDs on the spot in order to reduce fraud (corrupt employees printing fake IDs, identity thieves getting a real ID with fake documents, or by posing as someone they're not).

I knew they would issue me a paper copy for today and that it's usually about 2 weeks before the "real" one came in the mail. But what they told me today is that they won't issue me a renewal until I bring it my proof of LPR, which posters have said is the EAD...so I guess I'm just wondering whether AFTER I show them the EAD, whether they'll send me a real card at that point? Or will I continue to receive "temporary" paper ones for a year or more until my GC is issued?

[jxn 86]

I knew they would issue me a paper copy for today and that it's usually about 2 weeks before the "real" one came in the mail. But what they told me today is that they won't issue me a renewal until I bring it my proof of LPR, which posters have said is the EAD...so I guess I'm just wondering whether AFTER I show them the EAD, whether they'll send me a real card at that point? Or will I continue to receive "temporary" paper ones for a year or more until my GC is issued?

They won't let you renew it until you demonstrate additional legal stay, which an EAD would do. It would show you have about an extra year. You aren't yet an LPR (that's what the green card is for) but you are a person with legal status and thus they would issue you your ID.

Either they or you made a semantic mistake when you said that they wouldn't let you renew until you had proof of LPR. Plenty of non-LPRs get IDs--people in the middle of AoS, students, foreigners on work visas, et cetera.

[tdotca 41]

I ran into the same issue here in California when I tried to get a state ID( was holding off on getting a DL) .

So if I am reading this post correctly, when I get my EAD (my AOS/ EAD/ AP is in being processed at the moment) , I should be able to use that as proof of legal presence - good to know and get my DL ( have to redo both written and driving tests).