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Help with DMV and temporary license expiration?

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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!

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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.


 

~12-25-2006: met online (a blog site)
05-01-2013: FINALLY MET IN PERSON! in Canada
05-04-2013: finally became a couple
06-14-2014: got engaged
08-08-2014: got married in Canada
09-18-2014: sent I-130 via UPS, 142 pages in total
09-19-2014: I-130 arrived and signed for
09-24-2014: NOA1 text & hard copy received same day, Vermont Service Center
11-20-2014: NOA2 (I-130 approval!) hard copy received, 57 days from NOA1


12-08-2014: NVC received case
01-14-2015: case number and IIN number received via email
01-14-2015: DS-261 submitted
01-14-2015: AOS fee paid
01-22-2015: IV fee paid
01-24-2015: DS-260 submitted
01-25-2015: AOS and IV documents submitted electronically
02-18-2015: petitioner's proof of US domicile submitted electronically
02-25-2015: email confirmation received (31 days after sending!), scan date of 01-26-2015 <--60 day wait starts
03-24-2015: email confirmation received (34 days after sending!), scan date of 02-18-2015 <--60 day wait starts (a 2nd time)
03-31-2015: case completed at NVC! 2/18 documents got reviewed with the 1/26 ones, 64 days from original scan date

 

04-07-2015: case complete email received
04-22-2015: interview date email received
05-13-2015: medical in Montreal

05-19-2015: picked up medical results
05-20-2015: interview in Montreal --- APPROVED!, 238 days from NOA1

05-25-2015: passport/visa received!

05-30-2015: POE, Calais/St Stephen land crossing, 248 days from NOA1

06-03-2015: paid ELIS fee

06-10-2015: SSN received

07-02-2015: green card received!


03-13-2017: sent I-751 via USPS to Vermont Service Center, 156 pages in total 
03-14-2017: I-751 arrived and signed for

03-23-2017: NOA1 received, dated 03-16-2017

04-07-2017: biometrics appointment letter received 
04-18-2017: biometrics appointment 

02-05-2018: I-751 approval received!, dated 02-01-2018

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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.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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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.


 

 

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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 by JACo

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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.

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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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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.

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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).

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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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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?

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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.

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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).


I-129F Sent : 2014-09-15
I-129F NOA1 : 2014-09-24
I-129F NOA2 : 2014-10-20
NVC Left : 2014-11-05
Packet 3 Received : 2014-11-13
Packet 4 Received : 2014-12-05
Medical : 2014-12-19
Interview Date : 2015-01-23 Montreal
Interview Result : Approved 2015-01-23
Loomis picked up passport from Montreal: 2015-01-27
Passport/visa in hand:2015-01-30

POE'd at Toronto Pearson Airport: 2015-04-01

SSN received: 2015-04-08 or so

Married : 2015-04-23

AOS/EAD/AP submitted as one : 2015-05-19

Biometrics AOS: 2015-06-15

EAD approved : 2015 July but did not receive until 2015-09-30

AOS interview: 2015-09-25

AOS approved: 2015-09-25

GC received: 2015-10-02

 

ROC I751 package mailed 7/19
uscis received package 7/21 as per usps
check cashed 7/25/2017
noa i797 dated 7/21/2107
noa i797 received 7/27/2017

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