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philabride

DMV decision letter is unbelievable

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Filed: K-1 Visa Country: Japan
Timeline

Ok, i posted a thread that I couldnt get a driver's license with k-1 visa in Philadelphia

before and told you guys that I would be receiving a letter from Harrisburg (DMV headquaters)

whether or not they would let me apply for a license.

the letter says

I will not be eligible for a driver's license or photo ID because they have got a report

from USCIS that I will not be lawfully present in the US for at least a year.

I have 797Cs to prove my case is pending, and how could I be not lawfully present here

for at least a year?

DMV was trying to help but they just claims that there is not enough evidence I am lawfull

in this country. I have marriage license, 797Cs, ... what else could it be?

I just want to get a driver's license so I can do some volunteer work (they need to see my PA ID)

while I wait for my green card.

This is so frustrating, now I have to wait for my greencard to do anything. :angry:

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Filed: AOS (apr) Country: Philippines
Timeline
Ok, i posted a thread that I couldnt get a driver's license with k-1 visa in Philadelphia

before and told you guys that I would be receiving a letter from Harrisburg (DMV headquaters)

whether or not they would let me apply for a license.

the letter says

I will not be eligible for a driver's license or photo ID because they have got a report

from USCIS that I will not be lawfully present in the US for at least a year.

I have 797Cs to prove my case is pending, and how could I be not lawfully present here

for at least a year?

DMV was trying to help but they just claims that there is not enough evidence I am lawfull

in this country. I have marriage license, 797Cs, ... what else could it be?

I just want to get a driver's license so I can do some volunteer work (they need to see my PA ID)

while I wait for my green card.

This is so frustrating, now I have to wait for my greencard to do anything. :angry:

Maybe DMV misinterpreted the report they got from USCIS.

Im sure USCIS told them that your greencard application is still being processed.

Maybe DMV thought that not having a greencard even if case is pending with USCIS means you are not lawfully present here.

Did you not apply for EAD?


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Filed: AOS (apr) Country: Australia
Timeline

Hi i think you need to wait til u have your EAD in your hand, i live in Louisiana and i was unable to get a drivers license until i got my EAD and i was unable to open a bank account until i got my Drivers License, its a vicious circle. hope you get your EAD soon. best of luck.


K1

see my timeline for K1

Applied for SSN : 2009-05-07

Received SSN : 2009-05-11 (maiden Name)

Marriage : 2009-06-27

AOS

Filed: 2009-07-20

Delivered : 2009-07-22 Signed by - R MERCADO.

NOA's dated : 2009-07-27

received NOA's : 2009-07-31

touched : 2009-07-30 for EAD, I-485 and AP

Bio Appointment : 2009-08-21

touched: AOS case moved to California 2009-09-09

EAD Card Ordered : 2009-09-17

AP Approved: 2009-09-17

AP Received: 2009-09-24

EAD Card Received: 2009-09-24

Case transfered again, back to the NBC we go 2009-10-13

Woohooo got my drivers license today 2009-10-13

2009-11-05 Went to change my SSN to my married name but was told it wasnt in the system yet i receive mail from USCIS in my married name

April 15th 2010, received email that my green card is on its way woohooo!!!

April 23rd 2010 received my greencard today

ezub3hz.png

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Filed: Citizen (apr) Country: England
Timeline

I actually live in Harrisburg, and been to penndot, not a good thing! It's a mess there. My husband went to get a PA Photo ID when he got here on the K-1, Well the K-1 had expired, I mean the I-94 expired, and we had the NOA from AOS. The man had no idea at all and told my husband he was here illegally, though we got married in 90 days and filed for AOS. So in conclusion you do need EAD to get a PA photo ID or a PA License/Permit.

PA has good and bad points.. Good: You can drive on your foreign license for 1 year. Bad: you can't get a PA license/ID without your EAD.

PA is one that wants to make sure you have legal status for either 1 year or 6 months, I forget which they told us. I do know that your I-94 has to be good for over 90 days.

As for the bank account, Here in PA, you can open a bank account just so you have a SSN, though it might vary from bank to bank. We just had trouble opening one because my husband had only one form of PA ID, They didn't want to except UK passport, green card, EAD, UK license... I had to argue with the guy. though he finally excepted his Green card and PA ID card but never asked for his SSN.


flag45.gif Damian & Kelly 1502.gif

Rugby, England >> Harrisburg, PA.

Summer 2005 -- Met on Pokerstars.com

June 15th, 2006 -- Met in Person

Feb 1st, 2008 -- Filed I-129F

May 2nd, 2008 -- Visa Interview = Approved. (91days)

May 27th, 2008 -- Damian moves to America!

July 23rd - 30th, 2008 -- Damian's Mum Comes to the US for our wedding.

July 25th, 2008 -- Wedding Day!

March 16th, 2009 -- AOS Sent

May 8th, 2009 -- EAD & AP Approved (51days)

July 14th, 2009 -- AOS Approved!! (118days)

July 21st, 2009 -- Green Card Received (125days)

No RFEs the whole process :) All done myself.

December 4th - 30th, 2009 -- Visited England

April 8th - 30th, 2010 -- Damian's Brother visits us here in PA.

January 19th, 2010 -- Damian got his PA license.

December 10th - 19th, 2010 -- Visited England

September 16th - 30th, 2011 -- Damian's Parents came to visit us here in PA.

June 1st, 2011 -- Mailed ROC to Vermont.

February 21st, 2012 -- 10 Year Green Card Received

April 14th, 2012 -- N-400 Sent to Dallas Lockbox

November 26th, 2012 – Damian Became a US Citizen!!!

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Filed: AOS (apr) Country: Philippines
Timeline

If you can drive in PA using your foreign license then i suggest you apply for PA license using your GC not your EAD. You wont have to renew it immediately.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Filed: Citizen (apr) Country: Ukraine
Timeline
yes I applied for EAD and received 797C for that as well.

Maybe I have to wait for EAD ...

EAD does not grant presence in the USA, it is a work permit. But meither does the I-797C grant any privilege. Aparentally PA does not accept the I-797C as proof you can remian in the US for more than one year. In Vermont you are required to prove you can stay for 180 days and they DO accept the I-797C as proof. PA does not. Each state does their own thing in this regard.

You can ask them if the EAD is acceptable, if not, you will have to wait for the green card.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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It sounds to me like the PA DMV erred in interpreting their own regulations. See http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf - details of required documents for AOS applicants are on page 5.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Filed: K-1 Visa Country: Russia
Timeline
It sounds to me like the PA DMV erred in interpreting their own regulations. See http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf - details of required documents for AOS applicants are on page 5.

Individual states have their own rules, but what's frustrating is that sometimes even the people you talk to at DMV don't know what the rules are. Here in SD, my wife was able to get a temporary license quite easily while her I-94 was still valid. Once that expired, however, we entered twilight zone. One person at the state DMV office told us she'd have to have an EAD or Green Card to get her license renewed. I called back a few weeks later and was told by another employee that a copy of our marriage license, in addition to our NOA1 for AOS, EAD, and advanced parole documents, would be enough for her to get another temporary license until her Green Card arrived. We're going to try it again based on the recommendations of the second DMV employee, but we'll see what happens.


February 2008: Met while in Thailand

March 2008: Traveled to Russia to see her

May 2008: Traveled to Russia to see her

June 2008: Joint vacation to Italy

July 2008: Applied for and received B-2 tourist visa

August 2008: She comes to U.S. on B-2/ I proposed

October 2008: Traveled to Russia to see her and meet family

November 11, 2008: Filed for K-1, California Service Center

November 19, 2008: I-797 NOA1 received

December 2008: Went back to see her again

January 21, 2009: NOA2 received

January 29, 2009: Notice file sent to Embassy received

February 4, 2009: She comes to U.S. on B-2 for vacation in Hawaii

March 2, 2009: She receives notice of interview date and time

April 7, 2009: Interview in Moscow - Approved!

May 29, 2009: She arrives!

June 15, 2009: Applied for SS card

June 19, 2009: SS card received

August 14, 2009: Got married in Florida

Sept. 15, 2009: Sent AOS packet with I-485, I-765, and I-131

Sept. 22, 2009: Notice package received

Oct. 23, 2009: Notice received that I-485 had been transferred to CSC

Oct. 23, 2009: Notice received that application for travel (I-131) had been approved

Oct. 28, 2009: Advanced parole documents received

Nov. 20, 2009: Biometrics appointment received

Dec. 3, 2009: Biometrics Appointment

Dec. 29, 2009: Green Card and EAD approved and cards ordered (a little late on the EAD, but we'll take it)

Jan. 5, 2010: Green Card received

September 1, 2011: Filed I-751 for removal of conditions

April 2, 2012: Removal of conditions approved w/o interview, 10 year GC in the mail!

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Filed: K-1 Visa Country: Japan
Timeline

Everyone

Thank you for sharing your experiences.

Now I know I probably have to wait for EAD or Greencard to settle down and do things in society.

I am tasting bitterness of AOS now...but it is just a matter of time, right?

Thank you all

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Filed: AOS (apr) Country: Canada
Timeline
yes I applied for EAD and received 797C for that as well.

Maybe I have to wait for EAD ...

EAD does not grant presence in the USA, it is a work permit. But meither does the I-797C grant any privilege. Aparentally PA does not accept the I-797C as proof you can remian in the US for more than one year. In Vermont you are required to prove you can stay for 180 days and they DO accept the I-797C as proof. PA does not. Each state does their own thing in this regard.

You can ask them if the EAD is acceptable, if not, you will have to wait for the green card.

They do accept this as proof. I was able to get my drivers liscense with my work authorization, it was a huge battle, but was eventually able to show to Penndot that they had to grant the liscense BASED on the I-765. I actually got a manager fired at the lehigh valley office, because he was a rude SOB, who thought that he knew more then me, and was very arrogent about it! And once I was able to show him the fact that I was elgible, he threatened to have me removed from the office by security. I place a calll to harrisburg, who told me to go the Easton location, to get my liscense approved. I wnet back about a week later to the Lehigh Vally office, and the manage had already been fired by that time!

Keep trying, you may have to visit multiple office locations, and I would wait until your Work Authorization document was in your possesion.

Edited by bassagitator

AOS Process

May 29th 2008- AOS/EAD/I-130 Sent to Chicaogo Lock Box sent via Overnight Delivery

June 6th - Both checks cashed!!

June 25th - Biometrics appointment

Sept. 19th - Card Production Ordered! (113 days since filing)

Sept. 25th - EAD Received!!!

Dec. 5th 2008 - Received appointment letter

Feb. 4th 2009 - AOS Interview (Interviewer says going to recommend for approval)

May 15th- called and talked to an officer to submit a service request

June 10th- Made an infopass appointment,

June 15th- Info pass appointment, told me they could do nothing until the officer made their decision!

June 27 - Filed for I-131 as well as renewal of my work authorization.

July 23rd- Received I-131

Dec 22, 2009 - Biometrics appointment yet again.

January 21, 2010 Second interview

January 22nd - I-485 Touched

January 27th - Received a Request for additonal evidence.

May 27 I-485 Approved

June 13th 2010 - Green card received!

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Filed: Citizen (apr) Country: England
Timeline

They were also very rude at the Harrisburg office! Kept telling my husband he was going to be deported. He had no clue what a K-1 was or what AOS was and was clueless about my husband's NOA for AOS. Just didn't like not knowing what's going on so just acted like he knew more then us. When I walked in with a huge folder of papers proving he's here legally and in the process of getting his green card. So much hassle! But yes EAD does work as proof.


flag45.gif Damian & Kelly 1502.gif

Rugby, England >> Harrisburg, PA.

Summer 2005 -- Met on Pokerstars.com

June 15th, 2006 -- Met in Person

Feb 1st, 2008 -- Filed I-129F

May 2nd, 2008 -- Visa Interview = Approved. (91days)

May 27th, 2008 -- Damian moves to America!

July 23rd - 30th, 2008 -- Damian's Mum Comes to the US for our wedding.

July 25th, 2008 -- Wedding Day!

March 16th, 2009 -- AOS Sent

May 8th, 2009 -- EAD & AP Approved (51days)

July 14th, 2009 -- AOS Approved!! (118days)

July 21st, 2009 -- Green Card Received (125days)

No RFEs the whole process :) All done myself.

December 4th - 30th, 2009 -- Visited England

April 8th - 30th, 2010 -- Damian's Brother visits us here in PA.

January 19th, 2010 -- Damian got his PA license.

December 10th - 19th, 2010 -- Visited England

September 16th - 30th, 2011 -- Damian's Parents came to visit us here in PA.

June 1st, 2011 -- Mailed ROC to Vermont.

February 21st, 2012 -- 10 Year Green Card Received

April 14th, 2012 -- N-400 Sent to Dallas Lockbox

November 26th, 2012 – Damian Became a US Citizen!!!

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Filed: Citizen (apr) Country: Ukraine
Timeline
They were also very rude at the Harrisburg office! Kept telling my husband he was going to be deported. He had no clue what a K-1 was or what AOS was and was clueless about my husband's NOA for AOS. Just didn't like not knowing what's going on so just acted like he knew more then us. When I walked in with a huge folder of papers proving he's here legally and in the process of getting his green card. So much hassle! But yes EAD does work as proof.

All of us need to KNOW our states rules and regulations regarding these things. Fortunatley the web makes that easy, as Stehpen points out above with a link. DO NOT count on the people at DMV, the SS administration etc. to know ANYTHING about their job...it is not a requirement. The first person you see when you walk into any of these offices is likely not the best person to ask, and they will NEVER tell you...@I don't know, let me check with a supervisor" Instead they will say aomething like "Your husband is here illegally" :rofl: Which is really not so funny as it is serious.

We had this issue with Vermont DMV for our K-2 son. Vermont does not require an EAD, the receipt for filing is sufficient. But then the girl at the counter says he needs an SSN. "NO...he does not" "Oh yes, he does" "NO...he does not" "Yes he does , it is in the manual" "Show me" Waiting, waiing, waiting

Hmmmm..."It was there yesterday, right?" Hmmmm, ummmmm "Maybe you should get a supervisor?" @No, we can give him the test but we can't issue the drivers lisence until he brings back his SSN" (this is where they just can't call a supervisor and need to enact new legislation right in front of your vary eyes)

"Oh, you found that in the ,manual?" Ummmmmm. "Get a supervisor please NOW" Supervisor comes...guess what...no SSN needed, she tells the airhead clerk to enter 999-99-9999 in the SSN number place. Now the clerk was ignorant which is NOT her fault, but then she tries to make up rules and laws, which IS her fault.

While waiting for my sons test another visa holder comes into the same office...a K-1. The SAME clerk tells her the SAME thing and the woman is about to leave when I intercepted her and told her what happened. She went back and asked for the supervisor and got her criver's license. Some government clerks are determined to be ignorant no matter how hard you try to train them.

KNOW your stuff and bring documentation with you, you will likely have to train them and it may be the third of fourth time that day.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-1 Visa Country: Japan
Timeline

wow that is a quite story! but I understand you, they could be really really ignorant and rude. One lady treated me like I was here illegally...asking how come your husband isnt here with you then? When I accused her of being a bit racist, she was upset and denied being suspicious. PA DMV specifically lists what each visa type require to get a driver's license. I had everything, and they still dont give us a license. Harrisburg is the same, hard-headed

ignorant. I will just wait until EAD comes. I might end up calling Harrisburg like you did.

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