Jump to content
Sign in to follow this  
dapobukola

Please help - K-1 Entrant Driver's License Question

10 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Nigeria
Timeline

Hello All

I am posting this and hopefully someone can answer my question or be able to tell me what to do at this point. My fiancé (Now my husband) came to the US on K1 visa, we got married and sent our change of status in March, he just did his biometrics last Thursday, before that we applied for SS card and we waited for 2 months to get it because they had to verify his name with immigration. He got his SS card and now we are trying to apply for a driver’s license about 3 weeks ago they said they need to verify his name again with immigration, we went to a local immigration office and they told us there is nothing they can give us to take to secretary of state to show that his name is in the system so we waited, today we got a call from secretary of state saying his license was denied because his status has expired but his visa haven’t expired, it won’t expire till June, they said he can’t get a driver’s license until he change his status. We went there and the lady at the secretary of state said there is nothing she can do until immigration update their system. Can anyone tell me what is going on?? Is it because he submitted the change of status or can it be something else?? Please help because I don’t know what else to do at this point. Thanks in advance for your help

Share this post


Link to post
Share on other sites

Hello All

I am posting this and hopefully someone can answer my question or be able to tell me what to do at this point. My fiancé (Now my husband) came to the US on K1 visa, we got married and sent our change of status in March, he just did his biometrics last Thursday, before that we applied for SS card and we waited for 2 months to get it because they had to verify his name with immigration. He got his SS card and now we are trying to apply for a driver's license about 3 weeks ago they said they need to verify his name again with immigration, we went to a local immigration office and they told us there is nothing they can give us to take to secretary of state to show that his name is in the system so we waited, today we got a call from secretary of state saying his license was denied because his status has expired but his visa haven't expired, it won't expire till June, they said he can't get a driver's license until he change his status. We went there and the lady at the secretary of state said there is nothing she can do until immigration update their system. Can anyone tell me what is going on?? Is it because he submitted the change of status or can it be something else?? Please help because I don't know what else to do at this point. Thanks in advance for your help

Most states will only issue a DL based on the expiration of the immigration status that allows you to be in the country.

Since you are filing for the AOS, your EAD would be the form they could use to issue a DL for.

(really depends on your state - this is how Ohio does it).

Do you have the EAD yet?


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Nigeria
Timeline

Most states will only issue a DL based on the expiration of the immigration status that allows you to be in the country.

Since you are filing for the AOS, your EAD would be the form they could use to issue a DL for.

(really depends on your state - this is how Ohio does it).

Do you have the EAD yet?

No we dont have EAD yet,we applied for it when we did change of status. The lady said there is nothing she can do until they change the status in her system that she go by her system. I live in michigan and i know some people get their DL before they get their EAD or greencard.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Nigeria
Timeline

States differ slightly but the general rule is that you have to have a valid status. If you work quickly when you come you can get a it while the K1 is still valid but some states will have the license expire with the K1. You are in the between state, no longer a valid K1 and not yet a AOS approved resident. You just have to wait it out.

The expiration date of the visa ( 6 months) isn't a factor. You have 6 months to use the visa one time. As soon as you use it ( enter the US) the visa is dead. You then have 90 days of status on your I 94

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (pnd) Country: China
Timeline

Here in Virginia, when she got her first DL, it expires with her I-94.

Since we filed AoS and have received NOA1, which dated a few days before the expiration of the first DL, we went in the DMV and showed them the NOA1 (for AoS I-485), they renewed her DL with a one-year expiration date, starts with the NOA1 date.

Also she got her Social Security Card three weeks after entering the US, only needed her passport and the I-94.

Edited by JRSmooth

Share this post


Link to post
Share on other sites

Here in Virginia, when she got her first DL, it expires with her I-94.

Since we filed AoS and have received NOA1, which dated a few days before the expiration of the first DL, we went in the DMV and showed them the NOA1 (for AoS I-485), they renewed her DL with a one-year expiration date, starts with the NOA1 date.

Also she got her Social Security Card three weeks after entering the US, only needed her passport and the I-94.

Ohio also sets it to the I-94 (your most current immigration status/document) - so if the OP is past the I-94 date, till you get the EAD (which shows your changing your status), you probably will not be able to get the DL till then.

Ohio did it in response to a DHS directive.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

** moved from "Adjustment of Status Case Filing and Progress Reports" to Moving Here and Your New Life In America as this is not an AOS progress update or AOS topic**

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...