Applying for a state ID card prior to marriage

[Paul H 4]

Hi,

My fiancee and I would like to travel to a US territory outside of the continental united states for our honeymoon and so I would like her to obtain a state ID to avoid any issues with the flight. In Virginia it appears that they will accept a foreign passport with various types of visa's stamped for proof of identity.

My question is what exactly is the k-1 visa. Is it an immigrant visa or non-immigrant visa. I have read that it is kind of a mixed breed and even the forms we fill out seem to conflict between immigrant and non-immigrant. Is there an official answer somewhere?

Has anyone here had any experience obtaining a state id prior to getting married on a k-1 visa?

Thanks,

-Paul and Jennifer

[milimelo 4,505]

Hi,

My fiancee and I would like to travel to a US territory outside of the continental united states for our honeymoon and so I would like her to obtain a state ID to avoid any issues with the flight. In Virginia it appears that they will accept a foreign passport with various types of visa's stamped for proof of identity.

My question is what exactly is the k-1 visa. Is it an immigrant visa or non-immigrant visa. I have read that it is kind of a mixed breed and even the forms we fill out seem to conflict between immigrant and non-immigrant. Is there an official answer somewhere?

Has anyone here had any experience obtaining a state id prior to getting married on a k-1 visa?

Thanks,

-Paul and Jennifer

You won't be able to get State ID or DL until you have proof of residency - usually green card, but sometimes EAD will work as well.

[Bill and Vicky 25]

My question is what exactly is the k-1 visa. Is it an immigrant visa or non-immigrant visa.

You only need to apply for a K-1 visa for someone who is immigrating to the United States, so it is an immigrant visa. A visitor visa like the B-1/B-2 is a non-immigrant visa because the applicant has no expectation of remaining in the U.S. (That's also why adjustment of status can become dicey with questions like "did the applicant knowingly enter on a non-immigrant visa while planning to stay?")

To your original question, California issued my wife her DL while she was still on a J-1 visa. They wanted her foreign passport and visa as proof of legal residence. Your mileage may vary.

Care,

Bill

[Paul H 4]

You won't be able to get State ID or DL until you have proof of residency - usually green card, but sometimes EAD will work as well.

Well Virginia has a bunch of ways to show proof of residency including just showing them a bank statement. Of course I will get verification from the DMV, but that's one of the things listed. And you only need one form of proof.

If the k-1 visa is indeed considered an immigrant visa (wiki states otherwise) then I see no reason why she couldn't apply for an ID card prior to marriage. I have a feeling that they might not accept the k-1 visa as an immigrant visa though. I will need to get confirmation from them.

Thanks,

-Paul and Jennifer

[Love Eth 14]

Since K-1 visa is considered as an Immigrant Visa, the beneficiary should have to adjust the status to get the non-immigrant status. At this point you can apply for the state ID and for others too.

Good Luck

Edited June 28, 2011 by Love Eth

[Paul H 4]

Ugh, proof of residency is harder than I expected. Even though applying for the ID doesn't require a SSN, most forms of proof of residency do require a SSN.

Maybe I should ask some different questions.

1) what is acceptable identification to travel to a U.S. territory once you are in the states with an activated k-1 visa? Is a foreign passport with the visa stamp and marriage certificate adequate?

2) any one here go on a honeymoon to a U.S. territory outside of the mainland and if so what hurdles did you have to cross?

The thing I was trying to avoid by getting a state ID is the waiting game between the wedding and the honeymoon. Obtaining a marriage certificate may take weeks. Obtaining a SSN may takes months.

I'd love to hear others experiences. I'm sure I'm not the first one to run into this situation.

Thanks,

-Paul and Jennifer

[Harpa Timsah 13,258]

The K-1 is a non-immigrant visa with the opportunity to adjust to immigrant status after marriage in the US. Most people can't get a state DL until they get the GC.

[Love Eth 14]

The K-1 is a non-immigrant visa with the opportunity to adjust to immigrant status after marriage in the US. Most people can't get a state DL until they get the GC.

K - Fiancé(e) visa - while technically a non-immigrant visa, the processing of this category actually falls under immigrant visas

Edited June 28, 2011 by Love Eth

[Brother Hesekiel 2,236]

Yep . . . Harpa stated it perfectly (as usual). Strangely enough, the K-1 is a non-immigrant visa. It only allows to get married, but without an Adjustment of Status follwing the marriage, no (lawful) immigration takes place.

You absolutely cannot leave the US without approved AOS or at least Advance Parole. You can travel to the US Virgin Islands though, although I would advise you against it. How's Hawaii for a honeymoon destination? I can't say nothing but good things about Hawaii, especially Maui.

[KayDeeCee 4,893]

K - Fiancé(e) visa - while technically a non-immigrant visa, the processing of this category actually falls under immigrant visas

Yes, the processing of the K-1 falls under the category of immigrant visas when applying for one at the consulates. The K-1 is a non-immigrant visa. When looking up the laws regarding how to obtain a license/state ID in your state, use the directions for non-immigrants. In the state of Florida, you can get one with your EAD, but it can take a bit to process it (up to 30 days), and it will only be valid for length of the time the EAD is. When you get the green card, you can go back in and be issued a new, one based on being a permanent resident (immigrant).

Edited June 29, 2011 by Jay-Kay

[Paul H 4]

Yep . . . Harpa stated it perfectly (as usual). Strangely enough, the K-1 is a non-immigrant visa. It only allows to get married, but without an Adjustment of Status follwing the marriage, no (lawful) immigration takes place.

You absolutely cannot leave the US without approved AOS or at least Advance Parole. You can travel to the US Virgin Islands though, although I would advise you against it. How's Hawaii for a honeymoon destination? I can't say nothing but good things about Hawaii, especially Maui.

Why advise against US Virgin Island vs Hawaii? Just curious.