Getting a driver's license on a K-1 Visa during AOS process

[paulreed 0]

My wife entered the US on a K1 Visa that expires on 31 Dec 09. We married soon on entry and filed for AOS. She has completed her biometrics and recently received the notice from USCIS that the case has been transferred to CSC for processing. So far so good.

She is ready to get her driving learners permit now. We visited the North Carolina DMV office for the same. We showed her passport for proof of ID, the most recent notice of action letters, I-94, proof of residency in NC, social security card, and even our marriage certificate.

However, the person at the Driver's License center (DMV) in Charlotte looked only at the stamp and expiration date on the I-94, which is December 31 (that's in a few days). They said she could take the test, however the learners permit would be valid only until Dec 31, since the Notice of Action letter only indicated that the AOS was being processed and didn't explicitly specify any extension of the expiry date. We explained USCIS does not provide such a document, but they didn't seem to understand.

This made little sense to me-- USCIS/ DHS is the part of the government that is responsible for her "legal" status in the US-- NOT the state DMV. We have every piece of documentation to show that we are right on track with our K-1/ AOS and that she is in the US legally, but the DMV is saying it's not adequate because they cannot see a date.

We got the same response from a second North Carolina DMV center.

What can we do? Is there some document or internal memo we can show them to convince them that it's okay to issue a learner's permit with the regular 18 month validity to my wife? We were ready to trek to the state capitol on Monday to see if Raleigh DMV might be better.

She has a family member in VA who went through the same K1 process with his wife a few years ago, with no problem.

Edited December 24, 2009 by paulreed

[canadian_wife 1,791]

If NC works the same way as GA then she'll need to show proof that she is a legal resident of NC. Since she is filing to adjust status from a non-immigrant visa, DMV does not recognize her legal status with an NOA of adjustment of status. She'll need her EAD or her green card to get a driver's licence (again, if it is similar to how GA works but each state differs).

DMV does nothing with her legal status. They do, however, issue licences to only legal residents. It is your wife's job to provide them with the documentation necessary to show legal residency. Being legally in the US is not the same as a legal resident.

Since DMV is a state organization, I doubt you'll have any better luck in another part of the state.

Good luck.

PS - review this to help you with your documents

http://www.ncdot.org/dmv/driver_services/d...CDL_English.pdf

http://www.ncdot.org/dmv/driver_services/c...quirements.html

[Gary and Alla 3,694]

My wife entered the US on a K1 Visa that expires on 31 Dec 09. We married soon on entry and filed for AOS. She has completed her biometrics and recently received the notice from USCIS that the case has been transferred to CSC for processing. So far so good.

She is ready to get her driving learners permit now. We visited the North Carolina DMV office for the same. We showed her passport for proof of ID, the most recent notice of action letters, I-94, proof of residency in NC, social security card, and even our marriage certificate.

However, the person at the Driver's License center (DMV) in Charlotte looked only at the stamp and expiration date on the I-94, which is December 31 (that's in a few days). They said she could take the test, however the learners permit would be valid only until Dec 31, since the Notice of Action letter only indicated that the AOS was being processed and didn't explicitly specify any extension of the expiry date. We explained USCIS does not provide such a document, but they didn't seem to understand.

This made little sense to me-- USCIS/ DHS is the part of the government that is responsible for her "legal" status in the US-- NOT the state DMV. We have every piece of documentation to show that we are right on track with our K-1/ AOS and that she is in the US legally, but the DMV is saying it's not adequate because they cannot see a date.

We got the same response from a second North Carolina DMV center.

What can we do? Is there some document or internal memo we can show them to convince them that it's okay to issue a learner's permit with the regular 18 month validity to my wife? We were ready to trek to the state capitol on Monday to see if Raleigh DMV might be better.

She has a family member in VA who went through the same K1 process with his wife a few years ago, with no problem.

Each state regulates how drivers licenses and permits are issued. NCs laws have nothing to do with VAs laws requirements. Vermont only requires a copy of the marriage license and the receipt for filing AOS, again a state matter. My wife had her learners permit within a couple weeks of arriving. She had her drivers license before her green card. But Vermont has its own rules, just as NC has theirs. some states require a person to have an EAD or Green Card before issuing a permit or license.

[Otto 83]

** Topic is "Working & Traveling prior to getting a Green Card" related; moving thread there.

[Guitarlo 2]

My wife entered the US on a K1 Visa that expires on 31 Dec 09. We married soon on entry and filed for AOS. She has completed her biometrics and recently received the notice from USCIS that the case has been transferred to CSC for processing. So far so good.

She is ready to get her driving learners permit now. We visited the North Carolina DMV office for the same. We showed her passport for proof of ID, the most recent notice of action letters, I-94, proof of residency in NC, social security card, and even our marriage certificate.

However, the person at the Driver's License center (DMV) in Charlotte looked only at the stamp and expiration date on the I-94, which is December 31 (that's in a few days). They said she could take the test, however the learners permit would be valid only until Dec 31, since the Notice of Action letter only indicated that the AOS was being processed and didn't explicitly specify any extension of the expiry date. We explained USCIS does not provide such a document, but they didn't seem to understand.

This made little sense to me-- USCIS/ DHS is the part of the government that is responsible for her "legal" status in the US-- NOT the state DMV. We have every piece of documentation to show that we are right on track with our K-1/ AOS and that she is in the US legally, but the DMV is saying it's not adequate because they cannot see a date.

We got the same response from a second North Carolina DMV center.

What can we do? Is there some document or internal memo we can show them to convince them that it's okay to issue a learner's permit with the regular 18 month validity to my wife? We were ready to trek to the state capitol on Monday to see if Raleigh DMV might be better.

She has a family member in VA who went through the same K1 process with his wife a few years ago, with no problem.

I went through the same thing in Minnesota. My wife got a drivers permit after passing the written exam. The permit was good until the I-94 expired. When we got the NOA AOS letter we took it to the County not the DMV and they renewed her driver's permit. Maybe you should try the local county office?

Good luck

[Shad and Dani 3]

I guess posting late is better than never! We gathered all the information, but we have yet to make it to the DMV..lol However, I would think your I-485 NOA1 and a marriage certificate should suffice. I would contact a supervisor. I hope this helps in some way.

Edited December 24, 2009 by Shad and Dani

[Jasman0717 8]

California DMV is the same. They will issue the license, ID or permit for the duration of the latest information with the USCIS. When she receives her GC they will most likely issue a license for the length of the restricted green card, 2 years. Once the unrestricted card is issued the license issuing will fall back to state prescribed regulations.

Merry Christmas

[Boiler 43,631]

In Colorado you can get a license with EAD. Otherwise you would be a visitor so can drive on your current license.

[Guitarlo 2]

If NC works the same way as GA then she'll need to show proof that she is a legal resident of NC. Since she is filing to adjust status from a non-immigrant visa, DMV does not recognize her legal status with an NOA of adjustment of status. She'll need her EAD or her green card to get a driver's licence (again, if it is similar to how GA works but each state differs).

DMV does nothing with her legal status. They do, however, issue licences to only legal residents. It is your wife's job to provide them with the documentation necessary to show legal residency. Being legally in the US is not the same as a legal resident.

Since DMV is a state organization, I doubt you'll have any better luck in another part of the state.

Good luck.

PS - review this to help you with your documents

http://www.ncdot.org/dmv/driver_services/d...CDL_English.pdf

http://www.ncdot.org/dmv/driver_services/c...quirements.html

A drivers license before a Green Card? Wow.Sounds like someone already knew how to drive! The only mode of transporation my wife knew was a tricycle! (off topic)

Happy Holidays from Minnesota

[canadian_wife 1,791]

Obviously many immigrants have driven in their home country before coming to the US. Why shouldn't they be able to get a driver's licence once legal residence has been established?

A drivers license before a Green Card? Wow.Sounds like someone already knew how to drive! The only mode of transporation my wife knew was a tricycle! (off topic)

Happy Holidays from Minnesota

[Boiler 43,631]

And comparitively the US test is a joke, a proverbial walk in the park.

[Kathryn41 3,205]

As mentioned by Canadian Wife, Georgia requires proof of legal residence in the State with an immigration document that has a 'valid until' date on it. The DL is issued for the same length of time as the immigration document - or if you have a 10 year green card, the maximum amount of time is 3 years. It sounds like NC has something similar. The NOA letter from the AOS application has no date on it so they are not able to use it as a valid proof of immigration status. Once she receives either her green card or her EAD she will be able to qualify for a DL.

[juliava 80]

A drivers license before a Green Card? Wow.Sounds like someone already knew how to drive! The only mode of transporation my wife knew was a tricycle! (off topic)

Happy Holidays from Minnesota

What does a Green Card have anything to do with your driving skills?

[Guitarlo 2]

What does a Green Card have anything to do with your driving skills?

It doesn't. It was an off topic joke. For you to get a full license so quick meant, I assume, you had previous driving experience. People coming from places like the Philippines generally don't drive nor have a clue. My wife sat in the garage with the motor running and garage door closed. She didn't know what exhaust was.

Happy Holidays from Minnesota

[paulreed 0]

I guess posting late is better than never! We gathered all the information, but we have yet to make it to the DMV..lol However, I would think your I-485 NOA1 and a marriage certificate should suffice. I would contact a supervisor. I hope this helps in some way.

Yes it would seem that would suffice, but it did not work. We talked to a super and had the marriage cert. with the NOA. They still insisted on something with a date.

My wife and I noticed that you are in Charlotte as well, so be warned! (;

Edited December 28, 2009 by paulreed