Utah Driver’s License

[SamS 0]

Hello all,

I hope this is the right forum for this question… My wife entered the US on a K-1 visa and her original I-94 expires on February 12th. This is no big deal, because we are now married and have duly submitted our Adjustment of Status paperwork, including an EAD and Advanced parole paperwork. We have received the receipts for all of these applications and our case is definitely moving along. My problem is with the state of Utah… It seems that Utah's requirements for a driver's license include checking the status of an immigrant's visa. That is no problem in-and-of itself, but for some reason the only status they can get on my wife is the fact that her I-94 expires on February 12th. This makes it impossible to get a driver's license in Utah because it would expire on February 12th! I can't understand why our application to the USCIS for Adjustment of Status would not extend that date. Has anyone else run in to this, or even better, is there anyone from Utah who has been able to successfully get a driver's license with a K-1 visa? We've been to the DMV 3 times now and keep hitting this particular road block (not to mention a few others). Very, very frustrating because we are expecting to receive her EAD relatively quickly. But with no driver's license, she has no ability to get a job. If anyone has any advice about how to deal with this, or if there is any way to get that original I-94 expiration date changed, we would both appreciate it very much!

Good luck to all in the next step of our Journey

SamS

[DaveE 178]

In Georgia they would not allow my wife to get her drivers license until she had her green card. They told me applying to adjust status does not mean it will be approved.

When she did get her license, it was only good for the duration of the two year green card.

Every state is different though, and it seems every licensing center is different.

[paojack 41]

That same happened to me in Colorado, however I was able to get a DL with the EAD. You should try that as soon as you get it.

[DaveE 178]

I just looked at the Utah website and they have an on-line brochure dealing with immigrants. Here is a cut from the brochure: If she meets the below requirements and has a social security card, she should be good to go. I would print it out and take it to the DMV.

Identity and Legal/Lawful Status Verification (must provide one)

- Unexpired Employment Authorization Document (EAD) issued by DHS,

Form I-766 or Form I-688B; verified by the Systematic Alien Verification

for Entitlements system (SAVE); or

- Unexpired foreign passport with documentary evidence of the

applicant's most recent admittance into the United States verified through

SAVE;

- AND -

- A document issued by the U.S. Federal Government that provides proof

of one of the statuses listed below verifying lawful entrance into the

United States of America:

- Unexpired immigrant or nonimmigrant visa status for admission

into the United States issued by the U.S. Federal Government;

- Pending or approved application for asylum in the United States;

- Admission into the United States as a refugee;

- Pending or approved application for temporary protected status in

the United States;

- Approved deferred action status; or

- Pending application for adjustment of status to legal permanent

resident or conditional resident.

http://publicsafety.utah.gov/dld/documents/newbrochure2-10_005.pdf

[tokyobelle 2]

hi SamS. i tried showing them the pending application for AOS to get a Utah state ID and learner's permit but the people in Utah DMV said they will only accept EAD or a green card.

[love100 0]

Hello all,

I hope this is the right forum for this question… My wife entered the US on a K-1 visa and her original I-94 expires on February 12th. This is no big deal, because we are now married and have duly submitted our Adjustment of Status paperwork, including an EAD and Advanced parole paperwork. We have received the receipts for all of these applications and our case is definitely moving along. My problem is with the state of Utah… It seems that Utah's requirements for a driver's license include checking the status of an immigrant's visa. That is no problem in-and-of itself, but for some reason the only status they can get on my wife is the fact that her I-94 expires on February 12th. This makes it impossible to get a driver's license in Utah because it would expire on February 12th! I can't understand why our application to the USCIS for Adjustment of Status would not extend that date. Has anyone else run in to this, or even better, is there anyone from Utah who has been able to successfully get a driver's license with a K-1 visa? We've been to the DMV 3 times now and keep hitting this particular road block (not to mention a few others). Very, very frustrating because we are expecting to receive her EAD relatively quickly. But with no driver's license, she has no ability to get a job. If anyone has any advice about how to deal with this, or if there is any way to get that original I-94 expiration date changed, we would both appreciate it very much!

Good luck to all in the next step of our Journey

SamS

I live in North Carolina, and I got here in September, as soon as i got here i went to the DMV to get my driver license. But since my I-94 expired in December.. My driver license expired in December as well...I was able to drive from September to December..

I went back to the DMV to see if they will renew it with my marriage certificate.. But one cop told me they need the NOA1, and a a friend of mine who got married told me she was able to renew her driver license after getting her work authorization.

I am sending my AOS packet this week.. and I will try to get my driver license renewed after receiving the NOA1 if they do not accept it I will have to wait to receive the work Authorization to see if they will take that...

Edited January 18, 2012 by elianalovesmatt

[Penguin_ie 5,987]

*** Moving from AOS to Moving here and your New Life... forum as not AOS process related ***

[bigdog 376]

IN AZ we used the I797 showing an expiration date in one year, this extended the license to that date. Both expired on the same date.

[SamS 0]

Yep, that is our experience as well. It seems Utah has recently changed their requirements and now they require the green card. Maybe our EAD will arrive soon and we can try again with that... Thanks for the confirmation with your recent experience. I wish this all wasn't so complicated since we are following all the rules...

SamS

hi SamS. i tried showing them the pending application for AOS to get a Utah state ID and learner's permit but the people in Utah DMV said they will only accept EAD or a green card.

[tokyobelle 2]

just an update regarding this. i went to the West Valley DLD this afternoon and was hoping to take my learner's permit test and get my Utah state ID. i brought my EAD since it's the only document we're needing at the moment but the staff who's responsible for checking records on SAVE told us we have to come back again and wait for 3 days. i dunno what was wrong but the lady was saying that they need to hear back from Homeland Security about my records. she's saying she cannot find me under my married name.

[amyandjorge 76]

This is so complicated!

I am expecting my husband within a month or so and I looked up the required documents for obtaining an Ohio DL. The website just says (for those who immigrate to US) to bring passport/photo ID and your 'immigration documents'...?!

I know most of the responses here are K-1, but I don't want my husband to have to wait for his GC to get a DL. He might be stuck in the house all day for weeks when there will be a car for him to drive!

[Erica & Phil 1]

It's still the same. Went this morning and they are still not following there own guidance notes. It seems to be someone who doesn't deal with the public who gives the yes or no, but someone who stays tucked away in an office. On a positive note they did say you can drive on your foreign licence if you entered on a non-immigrant visa, because as it states, it's a "non" immigrant visa. Very helpful people though who actually deal with the state's customers.

Another thing I noted while there was although I don't have an EAD yet, my DHS paperwork came back as approved for work, seems a little odd, oh and my entry date was listed as in April although I arrived in January, seems a little odd to me bu meh.

[tokyobelle 2]

Erica & Phil, you need your EAD in order to get a temporary Driver's License

[Basee 2]

I've been in and out of the US for many years. I got my first US licence way back in the mid 90's. In 2010 I applied for a new licence with my ESTA and supporting docs. It expired 90days later. When I received the documents (NOA1x3)I took my expired licence passport proof of address and headed to DMV. They then asked for my husbands proof of citizenship (huh?) anyway, I just happened to have it (always walk around with that sort of stuff... lol NOT) It was in the doc folder that I took. I was given a paper receipt/driving licence and told Tallahassee would mail me a licence for 1yr.

I'd take the print out of the information on the Utah drivers licence guidelines and ask to speak to someone in authority. Failing that, write to Utah DMV and ask for written information to give your local DMV.

[Erica & Phil 1]

Erica & Phil, you need your EAD in order to get a temporary Driver's License

Not according to the Utah Drivers Handbook. It says it there in black and white. You also don't get a grace period to get your license, you have to get it straight away according to the DMV, but they won't issue it. Very strange.

As you can see this is the text from the handbook, the bold items are what was provided to the man in the office but he all he did was shake his head and let someone else deal with the customer. It seems to me the state employee's don't actually know what they are doing.

Limited-Term

Acceptable Documents for a Limited-term driving certificate or identification card

Identity and Legal/Lawful Status Verification (must provide one)

-Unexpired Employment Authorization Document (EAD) issued by DHS, Form I-766 or Form I-688B; verified by the Systematic Alien Verification for Entitlements system (SAVE); or

- Unexpired foreign passport with documentary evidence of the applicant's most recent admittance into the United States verified through SAVE;

AND

- A document issued by the U.S. Federal Government that provides proof of one of the statuses listed below verifying lawful entrance into the United States of America:

- Unexpired immigrant or nonimmigrant visa status for admission into the United States issued by the U.S. Federal Government;

- Pending or approved application for asylum in the United States;

- Admission into the United States as a refugee;

- Pending or approved application for temporary protected status in the United States;

- Approved deferred action status;

- Pending application for adjustment of status to legal permanent resident or conditional resident; or

- Conditional Permanent Resident Alien.

AND

Social Security Verification (must provide one)

- Social Security card issued by the U.S. government that has been signed; or

- If the Social Security card is not available, the applicant may present one of the following documents which contain the applicant's name and SSN:

- W-2 form;

- SSA-1099 form;

- Non SSA-1099 form;

- Pay stub showing the applicant's name and SSN; or

- Letter from the Social Security Administration indicating ineligibility to receive a Social Security number

(Applicants applying for an original CDL must present the Social Security card.)

AND

Utah Residency Verification if different than current Utah Driver License record (must provide two).

Must display the applicant's name and principal Utah residence address which may include:

- Bank statement (dated within 60 days);

- Court documents;

- Current mortgage or rental contract;

- Major credit card bill (dated within 60 days)

- Property tax notice (statement or receipt dated within one year);

- School transcript (dated within 90 days)

- Utility bill (billing date within 60 days),

(cell phone bills will not be accepted);

- Valid Utah vehicle registration or title;

- Other documents acceptable to the Division upon review, except that only one document printed from the internet will be accepted.

AND

Proof of Driving Experience required for first Utah license (not required when obtaining a learner permit)

- Evidence of completion of a course in driver training; or

- Evidence of a driving privilege issued in another state or country.

Basee, I intend to take the paperwork with me again and ask them to talk to someone else. I wouldn't mind but I've been licensed here before as well. Good thing I don't have to take another driving test I don't think I could drive bad enough to pass the test hehe.

Edited March 23, 2012 by Erica & Phil