Indiana - denied drivers licence because I-797 isn't proof

[David And Katie 5]

Went to the BMV last week here in Indiana. I presented my passport, with visa and valid I-94.

Lady said that this expires (I-94) in a few days and we can't process your request.

I said ok, what do I do? She said well do you have an I-797 NOA? I said no but its in the mail.

Fast forward to today. I went back with both I-485 NOA and the NOA for my EAD.

No joy. She said it has to have an expiry date on it, or something to say that I'm about to get my LPR - in other words, I have to wait for my NOA2 to get an Indiana drivers licence (same for state ID).

Is this right? I'm here in the country legally, I fulfill their own guidelines for being a resident (two proofs of address, including the first class mail I got from USCIS.) I asked her if I'm still legal to drive on my UK licence and she said yes, officially only for 60 days, but there's some leeway - well how much is some?

http://www.in.gov/bmv/2769.htm

Here's the link from their own website.

Additional lawful status document

You may also present a Notice of Action document or other documents pertaining to your Notice of Action issued by a United States federal agency to show lawful status (Form I-797). The BMV must be able to verify that the Department of Homeland Security has reviewed the document and has not denied action. Must accompany other United States Citizenship and Immigration Services documents.

I have an I-797C (two of them) - what other documents must it accompany? I am not going to get another NOA from them for another 3-6 months.

Any ideas guys?

David

[Lainie B 465]

I had a similar experience at the local BMV. They had no idea what they were talking about.

Try calling the local police drivers license section and get the real story.

Maybe they will give you a temporary license with your EAD/AP since it will have an expiry date on it? I would suggest printing out the information you found and bringing it with you. A temporary license will probably expire when your documents expire.

[Chris921 13]

or wait until you have your EAD, i am not sure for you but that will work for me here in Michigan

[Chickaflick 0]

I waited until I had my EAD and enjoyed being taxi'd around by my hubster .... I got the run around and around and around over the same thing.

[Geode 3]

Had the same thing happen when we tried to get a state ID for Paula. Remember -- this is Indiana ...

Edited October 26, 2011 by Geode

[Nich-Nick 3,354]

Hi David-- I think you're stuck waiting on EAD which will have an expiration date. They will likely give a license that expires with your 1 year EAD. Or try a different office and see if that worker will let the NOA get you through, but probably not. K1s are just kinda screwed and are in limbo with a 90 day I-94 and a longer wait until they get something official that says they are legal in the US after that date. Some states will give a license that expires on the 90th day and some won't bother for less than 6 months authorized stay. They just have to make sure they don't issue you a license past your allowed stay because people use those to appear as legal as a native born citizen. Without some kind of date for you, they can't put the required expiry date on your license.

Edited October 26, 2011 by Nich-Nick

[David And Katie 5]

I have a magic marker

Thanks everyone. I'm planning on trying a different BMV office, but in the meantime I'm going to contact my local PD and ask them if I'm still legal to drive. I'm sure I can 'get away with it' but as an immigrant its even more important that I stay on the right side of the law...

And being taxi'd around by my wife is NOT an option - I'm going stir crazy enough with no job but no transport too? No flippin' way!!!

Edited October 26, 2011 by David And Katie

[VanessaTony 3,567]

Yep what the BMV said is correct. Though your I-94 is still valid, it's not valid for long enough in order for you to get a licence. It varies from state to state but typically at LEAST 6 months validity is required. Once you get your EAD you should be able to go get your licence. When they say i-797 it almost always is the approval notice, not the receipt because that proves nothing.

[Brother Hesekiel 2,236]

David, Mate,

wake up and smell the coffee. You can't get an Indiana driver license until you have proof of lawful presence in the US that is valid for over 180 days. In layman's terms: until you have EAD or Green Card at hand.

You are required to apply for an Indiana license no later than 10 days after becoming a resident. You become a resident when your AoS petition is being approved. Until then you drive with your U-kay license, and the limit for that is one year.

Asking a DMV employee or cop about this is like asking a priest if child molestation is being forgiven by Him. You are not in the U-kay anymore where people know things. This is the land of idiots, guns, obesity, and ignorance.

[David And Katie 5]

Well I am already an INDIANA resident ... I'm not a US resident though. There's a difference.

However I think the BMV probably will take your definition.

Thanks. I am not worried, but its the local cops that will pull me over and question me about my licence.

[S and P 9]

My husband had the same issue with the Indiana BMV, they said he could only get a temporary DL that was until is I-94 expired, and there was no point in that because he only had two weeks left before it expired, but was told he could drive legally for 1 year from the date he entered he US on his Canadian DL, and when he got his EAD card they could issue him a DL, really not a big deal.

[Lainie B 465]

The local DMV here told me I couldn't drive AT ALL with a foreign license. I knew this wasn't true so I called the police drivers license section and they quoted me the chapter number that states I could use my foreign license for as long as I needed until I qualified for a US state license. This probably varies a little from state to state but you should check and see, so that you know the law if you do get pulled over, as not all of the cops might know the law that allows you to drive with a foreign license. Maybe you could even carry a copy of the chapter that says you can drive with a foreign license.

BTW I think that the laws on who qualifies for a state license are stricter now than they used to be.

[bigdog 377]

Use your i797c and you're license should expire when it does.

[tom&tanya 48]

I had the same problem in Florida. Tanya had to wait until she had EAD.

Be careful in thinking that you are legal to drive and call the police and ask them if you are legal to drive. In Florida, if you live in the state, you MUST have a Florida drivers license to legally drive. I know it doesn't make sense but hey ... it's Florida.

[Harsh_77 718]

Not just Indiana this is becoming a standard guideline for all the states.

Ppl are required to show the proof that they are in the country legally and they have over 180 days of approved stay.

Edited October 26, 2011 by Harsh_77