Driver’s License application refused (visa expiring soon)

[Martacz 52]

I’m on the K1 visa that expires on May 20th 2019. Me and my husband got married on April 1st. I applied for AOS and got a NOA1 in mail. Today, I went to the DPS office to apply for a driver’s license. I brought all the required documents, including NOA1 to prove that I’m in the process of obtaining a green card. My most up to date I-94 says: admit until date: 05/20/2019. I’ve been told that if they accepted my driver’s license application, it would expire immediately (since the 20th is on Monday) and that they need another proof (another document from USCIS) saying that I can be in the US legally while waiting on the green card... Any experience with that? There’s no way I’m gonna wait for a green card for who knows how many months to be able to apply for a driver’s license. 😕😕😕

[Ben&Zian 4,397]

7 minutes ago, Martacz said:

I’m on the K1 visa that expires on May 20th 2019. Me and my husband got married on April 1st. I applied for AOS and got a NOA1 in mail. Today, I went to the DPS office to apply for a driver’s license. I brought all the required documents, including NOA1 to prove that I’m in the process of obtaining a green card. My most up to date I-94 says: admit until date: 05/20/2019. I’ve been told that if they accepted my driver’s license application, it would expire immediately (since the 20th is on Monday) and that they need another proof (another document from USCIS) saying that I can be in the US legally while waiting on the green card... Any experience with that? There’s no way I’m gonna wait for a green card for who knows how many months to be able to apply for a driver’s license. 😕😕😕

 

I know for us we got it no issue in Texas with his EAD/AP card. 4-5 months processing time these days. IT's just one of those things have to be prepared for with the K-1.

[Eva_AJ 80]

7 minutes ago, Martacz said:

I’m on the K1 visa that expires on May 20th 2019. Me and my husband got married on April 1st. I applied for AOS and got a NOA1 in mail. Today, I went to the DPS office to apply for a driver’s license. I brought all the required documents, including NOA1 to prove that I’m in the process of obtaining a green card. My most up to date I-94 says: admit until date: 05/20/2019. I’ve been told that if they accepted my driver’s license application, it would expire immediately (since the 20th is on Monday) and that they need another proof (another document from USCIS) saying that I can be in the US legally while waiting on the green card... Any experience with that? There’s no way I’m gonna wait for a green card for who knows how many months to be able to apply for a driver’s license. 😕😕😕

As far as I am aware and what I found here, you need at least your EAD to apply for the driver license in Texas. You could use your international driver license but only for 90 days after coming to Texas. Maybe someone will have better information about Texas as I will be facing the same as you in the future and would like to know.

[Mike E 11,730]

21 minutes ago, Martacz said:

I’m on the K1 visa that expires on May 20th 2019. Me and my husband got married on April 1st. I applied for AOS and got a NOA1 in mail. Today, I went to the DPS office to apply for a driver’s license. I brought all the required documents, including NOA1 to prove that I’m in the process of obtaining a green card. My most up to date I-94 says: admit until date: 05/20/2019. I’ve been told that if they accepted my driver’s license application, it would expire immediately (since the 20th is on Monday) and that they need another proof (another document from USCIS) saying that I can be in the US legally while waiting on the green card... Any experience with that?

There’s no way I’m gonna wait for a green card for who knows how many months to be able to apply for a driver’s license. 😕😕😕

https://www.dps.texas.gov/DriverLicense/LawfulStatusDLID.htm

 

links to:

 

https://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

 

Quote

 

Applicants for adjustment of status

 

Note: These are individuals applying to become lawful permanent residents.

Immigration documentation with an alien number or I-94 number

This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status.

 

 

Print the document I linked, and go back to DPS. Looks like Texas adheres more closely to the REAL ID Act than California, and you just got an undertrained clerk. Do NOT show your I-94 this time. They just need your NOA1 I-797 from your AOS that also has your A number.

 

Did you apply for an EAD too?

Edited May 17, 2019 by Mike E

[K1visaHopeful 2,700]

Driver's license regulations for non US citizens varies from state-to-state. Did you not apply for EAD / AP when you filed for AOS? If you had you could have applied for your driver's license a lot quicker than waiting for the green card to be approved.

[Martacz 52]

15 minutes ago, Mike E said:

https://www.dps.texas.gov/DriverLicense/LawfulStatusDLID.htm

 

links to:

 

https://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

 

 

Print the document I linked, and go back to DPS. Looks like Texas adheres more closely to the REAL ID Act than California, and you just got an undertrained clerk. Do NOT show your I-94 this time. They just need your NOA1 I-797 from your AOS that also has your A number.

 

Did you apply for an EAD too?

 

14 minutes ago, K1visaHopeful said:

Driver's license regulations for non US citizens varies from state-to-state. Did you not apply for EAD / AP when you filed for AOS? If you had you could have applied for your driver's license a lot quicker than waiting for the green card to be approved.

Thank you, I’ll go back to their office and show this document as a proof. It’s their own law.

 

Yes, I have applied for AOS, AP and EAD. 

[Mike E 11,730]

Just now, Martacz said:

 

Thank you, I’ll go back to their office and show this document as a proof. It’s their own law.

 

Yes, I have applied for AOS, AP and EAD. 

In looking more at the DPS pdf doc, I think what happened is that the clerk homed in the K-1 row of the document. You are well past that having married and applied for AOS. 

[Martacz 52]

2 minutes ago, Mike E said:

In looking more at the DPS pdf doc, I think what happened is that the clerk homed in the K-1 row of the document. You are well past that having married and applied for AOS. 

Well he’s been trying to use a receipt number from my NOA but was saying the system wouldn’t accept this number.. 🙄 I’m about to walk back there and start a storm. 

[Mike E 11,730]

12 minutes ago, Martacz said:

Well he’s been trying to use a receipt number from my NOA but was saying the system wouldn’t accept this number.. 🙄 I’m about to walk back there and start a storm. 

 

Does their system want the NOA1 receipt number or USCIS Alien number? You are saying the clerk was using the wrong number?

 

If the clerk was using the right number and got an error, unfortunately it is normal for USCIS's info tech systems to provide update info to other parties. We had this problem applying a SS card.

 

 Give it  a few days.

[ineedadisplayname 449]

52 minutes ago, Mike E said:

https://www.dps.texas.gov/DriverLicense/LawfulStatusDLID.htm

 

links to:

 

https://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

 

 

Print the document I linked, and go back to DPS. Looks like Texas adheres more closely to the REAL ID Act than California, and you just got an undertrained clerk. Do NOT show your I-94 this time. They just need your NOA1 I-797 from your AOS that also has your A number.

 

Did you apply for an EAD too?

It varies from state to state. He can go and try a few different offices to see what they say. Most of the states unfortunately dont give out state ids or dl if you dont have a work permit or green card.

 

The NOA1 is i-797C and not i-797....

Missouri DMV still has an outdated accepted legal status documents page on their website but when you show up they refuse you

becausethat stuff is outdate and their manual doesnt allow it anymore.

 

If you look at the bottom what u linked is from 2013, there is a newer version on their website which is from 2018

https://www.dps.texas.gov/DriverLicense/OnlineServices.htm

 

https://www.dps.texas.gov/internetforms/Forms/DL-15.pdf

 

OP hope you can get a DL, worth trying at 2-3 different places.

 

[Jeanne Adil 1,651]

K1 expired when you entered the US
it is for 1 time entry

[Shiran 1,134]

https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf

 

This Federal document explicitly states (Page 3, point (IX)) that having NOA1 for AoS (I-485) satisfies Federal requirement for Real ID. Now good luck convincing your local DMV office to follow it. 

Edited May 17, 2019 by Shiran

[UserNameNA 16]

2 hours ago, Martacz said:

I’m on the K1 visa that expires on May 20th 2019. Me and my husband got married on April 1st. I applied for AOS and got a NOA1 in mail. Today, I went to the DPS office to apply for a driver’s license. I brought all the required documents, including NOA1 to prove that I’m in the process of obtaining a green card. My most up to date I-94 says: admit until date: 05/20/2019. I’ve been told that if they accepted my driver’s license application, it would expire immediately (since the 20th is on Monday) and that they need another proof (another document from USCIS) saying that I can be in the US legally while waiting on the green card... Any experience with that? There’s no way I’m gonna wait for a green card for who knows how many months to be able to apply for a driver’s license. 😕😕😕

You can go to other DMV's but you'll be rejected at all of them.  The system requires them to input information proving you're legally able to get a drivers license.  I mean, you are free to try, I see why it would be worth the effort, but don't be surprised if they all say no.... as much as they'd like to help you it's unfortunately out of their control.  Best of luck though, cheering for you!

[ineedadisplayname 449]

1 hour ago, Shiran said:

https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf

 

This Federal document explicitly states (Page 3, point (IX)) that having NOA1 for AoS (I-485) satisfies Federal requirement for Real ID. Now good luck convincing your local DMV office to follow it. 

That might change the game if the state is real id compliant. 

[Mike E 11,730]

3 hours ago, ineedadisplayname said:

It varies from state to state. He can go and try a few different offices to see what they say. Most of the states unfortunately dont give out state ids or dl if you dont have a work permit or green card.

I understand that. For the sake of OP, I am focused on Texas, and my reference to California in this thread was to note that California is more stringent than Texas (based on each state's DMV's web site says). Sorry if that was unclear. 

 

Quote

If you look at the bottom what u linked is from 2013, there is a newer version on their website which is from 2018

https://www.dps.texas.gov/DriverLicense/OnlineServices.htm

 

https://www.dps.texas.gov/internetforms/Forms/DL-15.pdf

The latter link has:

Quote

• Non-student documents with alien number or I-94 number

 

An I-797C NOA1 with an alien number is such a document.

Edited May 17, 2019 by Mike E