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Chaitanya

DMV while applying for AOS

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My wife came to U.S on K1 visa, Sept 15 and we got married Sept 22nd. Few days back we applied for the AOS as well. We want to apply for Virginia Driver's license for my wife. Then they looked at the passport of my wife which has expiration of Dec-12. They said they can give learners permit only till that date because visa will expire by then. In virginia you need to be on learners permit for two months before getting the drivers license. 

 

How do I show to DMV that expiration on the K1 visa just shows that it is date before which we need to be married. Since she is married and applied for AOS she can stay in U.S without an issue?

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In my State you would need EAD as the first official document. Check your State DMV for their list of requirements.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, Chaitanya said:

My wife came to U.S on K1 visa, Sept 15 and we got married Sept 22nd. Few days back we applied for the AOS as well. We want to apply for Virginia Driver's license for my wife. Then they looked at the passport of my wife which has expiration of Dec-12. They said they can give learners permit only till that date because visa will expire by then. In virginia you need to be on learners permit for two months before getting the drivers license. 

 

How do I show to DMV that expiration on the K1 visa just shows that it is date before which we need to be married. Since she is married and applied for AOS she can stay in U.S without an issue?

This one of the many downfalls of the K1. Some may not be able to obtain proper driver's license.

 

Being married and applying for AOS does not mean she will be an immigrant. Usually, it is after the AOS is approved or she receives her EAD/AP apporval. You did apply for EAD/AP, correct? Also, her AOS can be denied for some reason. Not saying it will be denied, just pointing out why the DMV will not issue a valid visa after the authorization date in her passport.

 

For the time being, she can accept the learners permit and wait until EAD/AP/AOS approval for her official DL.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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You'll likely have to wait until receiving the  EAD to prove that you can stay pass the expiration. Some states will issue until your K1 expiration date and you can't drive. Then you have to wait for the EAD. Some make you wait for the EAD before they'll give you anything at all in the first place. 

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