"Illegal" in MS

[2Complicated 0]

It has taken my husband nearly 3 months to get his SSN. He finally received it (with Congressman's help) last Friday. We went to get him a permit to start practicing driving. The people at the driver's license place told us that because his I-94 expired on Feb 5, he is not considered here legally in Mississippi. How can this be? The I-94 was the time given for him to get married, which he was married within the 90 days. We have applied for AOS and received the receipt number. However, his papers were received on Jan 31. The driver's license place said he cannot get a license until his AOS is approved, because his time here is expired. Is this correct? Surely it can't be. Is there something we should do that I'm not aware of?

[1.618 17]

It has taken my husband nearly 3 months to get his SSN. He finally received it (with Congressman's help) last Friday. We went to get him a permit to start practicing driving. The people at the driver's license place told us that because his I-94 expired on Feb 5, he is not considered here legally in Mississippi. How can this be? The I-94 was the time given for him to get married, which he was married within the 90 days. We have applied for AOS and received the receipt number. However, his papers were received on Jan 31. The driver's license place said he cannot get a license until his AOS is approved, because his time here is expired. Is this correct? Surely it can't be. Is there something we should do that I'm not aware of?

I think you'll have to wait for his EAD to arrive (assuming you applied for that, too).

- although, perhaps it depends on the state. I know I can apply for mine here in CT with an EAD.

Did you check the MS-DMV website?

Edited February 11, 2013 by 1.618

[X Factor 1,110]

My wife is in the same situation ... they say she has to wait for her EAD or AOS approval. When she gets or EAD we will try to apply for her driver's license and see what they say.

Edited February 11, 2013 by Mr Smiley

[Harpa Timsah 13,258]

AOS is a time of limbo. The I-94 is not only the time to get married. After the I-94 expires, your husband would be out of status if he hadn't submitted his I-485. He did submit it, so he is here legally because his pending AOS grants him a period of authorized stay. Most DMVs, however, don't accept the NOA1 from I-485 as proof of legal status - since it can be revoked at any time. You'll have to wait for the EAD or GC to get him a DL, depending on your state laws.

This is very common.

[moemac59 192]

AOS is a time of limbo. The I-94 is not only the time to get married. After the I-94 expires, your husband would be out of status if he hadn't submitted his I-485. He did submit it, so he is here legally because his pending AOS grants him a period of authorized stay. Most DMVs, however, don't accept the NOA1 from I-485 as proof of legal status - since it can be revoked at any time. You'll have to wait for the EAD or GC to get him a DL, depending on your state laws.

This is very common.

The county that I live in western NY will not even take the EAD. They told me to come back when I have my GC.

[bt1 42]

It has taken my husband nearly 3 months to get his SSN. He finally received it (with Congressman's help) last Friday. We went to get him a permit to start practicing driving. The people at the driver's license place told us that because his I-94 expired on Feb 5, he is not considered here legally in Mississippi. How can this be? The I-94 was the time given for him to get married, which he was married within the 90 days. We have applied for AOS and received the receipt number. However, his papers were received on Jan 31. The driver's license place said he cannot get a license until his AOS is approved, because his time here is expired. Is this correct? Surely it can't be. Is there something we should do that I'm not aware of?

We too are in Mississippi: they will accept EAD as a valid proof of your husband being here legally until he gets his AOS approved. So, until then, he will not be able to get his driver license. Have you applied for EAD with your AOS? It will be around 2 months for him to get his EAD from the date of NOA1.

Edited February 11, 2013 by bt1

[2Complicated 0]

We too are in Mississippi: they will accept EAD as a valid proof of your husband being here legally until he gets his AOS approved. So, until then, he will not be able to get his driver license. Have you applied for EAD and AOS? It will be around 2 months for him to get his EAD once you apply.

Yes, we applied for EAD and AP. Thanks everyone for the replies.

[Kastrs 723]

The county that I live in western NY will not even take the EAD. They told me to come back when I have my GC.

Ok I was actually looking for the thumbs down icon in response! I live in NY and was hoping to just get the drivers license stuff taken care of basically as soon as my fiance arrives and we are married. Sometimes, I feel like this process is harder and more complicated than it needs to be.

[moemac59 192]

Ok I was actually looking for the thumbs down icon in response! I live in NY and was hoping to just get the drivers license stuff taken care of basically as soon as my fiance arrives and we are married. Sometimes, I feel like this process is harder and more complicated than it needs to be.

Check at your DMV and see. The county that I live in is a small podunk one and the DMV that I went to don't seem to be well-versed in switching over DL's from my country (Canada). It was a hassle and they gave me a DL which doesn't expire until 2017 but there is a notation on the top that says TEMP VIS EXP XO-XO-XOOO. It was the date that my K1 expired.

[Caryh 5,206]

Ok I was actually looking for the thumbs down icon in response! I live in NY and was hoping to just get the drivers license stuff taken care of basically as soon as my fiance arrives and we are married. Sometimes, I feel like this process is harder and more complicated than it needs to be.

The anti-illegal immigrant restrictions being put in place has probably hurt more legal immigrants than hindered illegals.

Edited February 11, 2013 by Caryh

[Pinkrlion 2,607]

It has taken my husband nearly 3 months to get his SSN. He finally received it (with Congressman's help) last Friday. We went to get him a permit to start practicing driving. The people at the driver's license place told us that because his I-94 expired on Feb 5, he is not considered here legally in Mississippi. How can this be? The I-94 was the time given for him to get married, which he was married within the 90 days. We have applied for AOS and received the receipt number. However, his papers were received on Jan 31. The driver's license place said he cannot get a license until his AOS is approved, because his time here is expired. Is this correct? Surely it can't be. Is there something we should do that I'm not aware of?

MO is the same, you are only issued driver's license until the expiration of I-94. Then you get another one when issued GC, and that expires when GC expires.

[Boiler 43,485]

Check to see if he can continue to drive on his home country one.

[mad1nola 4]

It has taken my husband nearly 3 months to get his SSN. He finally received it (with Congressman's help) last Friday. We went to get him a permit to start practicing driving. The people at the driver's license place told us that because his I-94 expired on Feb 5, he is not considered here legally in Mississippi. How can this be? The I-94 was the time given for him to get married, which he was married within the 90 days. We have applied for AOS and received the receipt number. However, his papers were received on Jan 31. The driver's license place said he cannot get a license until his AOS is approved, because his time here is expired. Is this correct? Surely it can't be. Is there something we should do that I'm not aware of?

Hi,

Same thing happened to my husband. We applied for SSN and never received it. After 3 weeks we went back to the SSA and got his number but he asked for another card. Today, he went again to get a card sent to our residence. They said that he will have to pick it up at he office in 2 weeks.

California DMV told us the same thing about driver's permit, license, ID. His I-94 will expire before the 60 days period so he will have to wait until he gets his green card before he can get any of them. He can take tests but won't get license until he gets green card. So I think he can drive on his country's driver's license and if he is issued any citations they will just put his name in a database until he becomes licensed by the state.

We applied for AOS last Monday and received the approval email a little after midnight today. So hopefully we will get the biometrics appt and interview soon so that he can stop carrying his passport/visa everywhere he goes.

Your husband is here LEGALLY! Once you were married he is here legally. He is here legally until USCIS denies his AOS which most likely won't happen.

This process sucks on so many levels but at least now I have my husband by my side to sweat it out together. This time last year I thought I would never be able to say that.

Good luck on the rest of your journey.

[Harpa Timsah 13,258]

Once you were married he is here legally.

Just FYi, that is not true. Marriage by itself does not confer any legal status.

[travelfairy 22]

My I-94 is valid until 2015, although my visa expired in September last year. The MN DMV accepts your I-797 and gives you a 6 month extension. My 6 month extension ends a month after my AOS interview (tomorrow) - so they are cutting it fine!