Drivers license 797A or 797B (K1 to AOS)

[Brookeandluuk 7]

Dear everyone,

 

Last month I have filed for AOS and received I-797c and a interview date for my biometrics. In the meantime I have been bussy arranging my Arkansas driver's license. My written and skills test have been succesfully completed. But today I went to the revenue office and they only gave me a driver's license until the current expiration of my I-94, which is based on my K1 entry (until the 28th of October). They said I needed a I-797A or I-797B. I cannot find any information about how to obtain these documents. Does anyone have any idea? Is it normal to receive a I-797A or B later in the process? 

 

Will the status on I-94 change automatically later on, when i ring it up at the DHS? 

 

I'm pretty confused, any help is appreciated.   

[Allaboutwaiting 2,500]

I think you'd need to wait for the EAD card to renew the driver's license. 

[K1visaHopeful 2,696]

In many states, a K1 DL is only valid until day 90.

If driving was important, a Spousal visa would have been a better option.

That's one of the downfall to K1s in many states.

PS I797A is the Approval notice of any application filed.

[powerpuff 6,031]

~ Moved from AOS K1/K3 forum to Moving to the US and Your New Life in America - this has to do with getting a DL and not AOS process~
 

Each state has its own rules. Some states issue DLs regardless of immigration status (e.g. NY), but looks like Arkansas needs solid proof. I-797B and I-797A are not applicable to your case. Your I-94 won’t change automatically, it’ll still show the same “admitted until” date. As others have stated, you will need to wait until you receive your EAD or GC. 

Edited September 24, 2021 by powerpuff

[arken 4,197]

Yeah, only few states recognize i797c. Many required valid i94 or EAD showing actual expiry date.

 

36 minutes ago, Brookeandluuk said:

Is it normal to receive a I-797A or B later in the process?

You won't receive i797A or B. They are for others doing change of status in which case uscis issues replacement 94 or doc showing approval of alien worker.

 

35 minutes ago, Brookeandluuk said:

Will the status on I-94 change automatically later on, when i ring it up at the DHS? 

No.

As said, in your case EAD or GC are the only docs that will allow you renew your DL after it is expired.

[Brookeandluuk 7]

Thank you for your quick responses. I will try to get up there after my current Arkansas DL will expire and than perhaps il be in luck.

[Brookeandluuk 7]

Is there any document one receives after doing the biometrics? Because somehow I must be able to show people here that I am not illegally staying in the United States.

[arken 4,197]

14 minutes ago, Brookeandluuk said:

Is there any document one receives after doing the biometrics? Because somehow I must be able to show people here that I am not illegally staying in the United States.

The next is either RFE, EAD, interview letter or GC, or NOID. The i797c of i485 will tell you are not staying illegally for the moment. However since i797c is not a document showing your status with an expiry date, not everyone accept it.

Edited September 24, 2021 by arken

[powerpuff 6,031]

27 minutes ago, Brookeandluuk said:

Is there any document one receives after doing the biometrics? Because somehow I must be able to show people here that I am not illegally staying in the United States.

They don’t send anything regarding biometrics.

 

i-797c serves as proof you having authorized stay in the US until your I-485 is adjudicated, however authorized stay is not the same as lawful immigration status. It just means you’re not accruing unlawful presence (ie you’re not out of status) because you’re authorized to stay until you receive approval or denial. Once you receive your green card, you will have lawful immigration status. Luckily many places like DMV will also take EAD as proof. 

 

 

[Brookeandluuk 7]

If indeed they won't accept any documentation, which most likely they won't at my second try. After my AR drivers license expires, will my valid foreign drivers license be valid again?

 

It is legal to drive a year in Arkansas with an unexpired foreign international drivers license.

[SalishSea 16,965]

27 minutes ago, Brookeandluuk said:

If indeed they won't accept any documentation, which most likely they won't at my second try. After my AR drivers license expires, will my valid foreign drivers license be valid again?

 

It is legal to drive a year in Arkansas with an unexpired foreign international drivers license.

No.  Most states honor foreign drivers licenses for only 30 days.

 

This is a well-known drawback of t K-1.

[arken 4,197]

4 hours ago, Brookeandluuk said:

If indeed they won't accept any documentation, which most likely they won't at my second try. After my AR drivers license expires, will my valid foreign drivers license be valid again?

 

It is legal to drive a year in Arkansas with an unexpired foreign international drivers license.

Driving for up to a year with foreign license is for visitors not residents.

[Brookeandluuk 7]

4 minutes ago, arken said:

Driving for up to a year with foreign license is for visitors not 

4 minutes ago, arken said:

Driving for up to a year with foreign license is for visitors not residents.

 

Ah that makes sense.

 

In general it's wicked how we are both temporary visitor and resident at the same time. We are practically both when waiting to adjust status. Legally in the limbo though. 

 

Thank you guys for your information. Much appreciated.

[Gatekeeper 35]

I can confirm what was said here. Once you file for AOS, you cannot get a local driver licence until you get your EAD or Greencard. In Pennsylvania where I am, there is even an additional requirement for non US citizen to have accrued 1 year of lawful presence before you can apply for a DL! 
until then, you are not allowed to drive, even if you have a DL from your country of origin. It’s not fun, but it is what it is.

[HandmadeTurnip 150]

When I moved to Arkansas, I was able to get a driver's license based on my K-1 visa but its expiration date was tied to my I-94. So after the 90 days were up, I had to wait for my EAD before I could drive again.