DMV with expired I-94

[Keegan 1]

Hi there,

My husband (entered on K-1) was denied license from dmv (alaska) as the I-94 is out of status. The clerk said her manager needs a “current” I-94. Im confused as obviously you cant get an updated I-94. The reasoning is perhaps they want to ensure he is here legally. But how can I prove this? We are certainly in a lapse as we had to wait for the marriage certificate to be received before filing for AOS and we are still waiting for it to arrive. My question:

will we be able to get the license with the marriage certificate or the receipt from filing AOS? How long does it take to obtain the receipt after sending the AOS? 
any other recommendations/ tips are welcome. Thank you! 

[Lil bear 4,418]

1 minute ago, Keegan said:

Hi there,

My husband (entered on K-1) was denied license from dmv (alaska) as the I-94 is out of status. The clerk said her manager needs a “current” I-94. Im confused as obviously you cant get an updated I-94. The reasoning is perhaps they want to ensure he is here legally. But how can I prove this? We are certainly in a lapse as we had to wait for the marriage certificate to be received before filing for AOS and we are still waiting for it to arrive. My question:

will we be able to get the license with the marriage certificate or the receipt from filing AOS? How long does it take to obtain the receipt after sending the AOS? 
any other recommendations/ tips are welcome. Thank you! 

You will need to wait for either the EAD work permit or the GC whichever comes first. He is currently in authorised stay while the AOS is being processed. The receipt from the AOS confirms this but does not give him “legal” residency which is want the DMV needs to see 

[Boiler 46,817]

In my State I needed EAD, have a look as to how long they allow new residents to get a License.

[Lil bear 4,418]

15 minutes ago, Boiler said:

In my State I needed EAD, have a look as to how long they allow new residents to get a License.

90 days. 

[Yareth 167]

1 hour ago, Keegan said:

Hi there,

My husband (entered on K-1) was denied license from dmv (alaska) as the I-94 is out of status. The clerk said her manager needs a “current” I-94. Im confused as obviously you cant get an updated I-94. The reasoning is perhaps they want to ensure he is here legally. But how can I prove this? We are certainly in a lapse as we had to wait for the marriage certificate to be received before filing for AOS and we are still waiting for it to arrive. My question:

will we be able to get the license with the marriage certificate or the receipt from filing AOS? How long does it take to obtain the receipt after sending the AOS? 
any other recommendations/ tips are welcome. Thank you! 

It depends on the state you are in if you can get it. For example, I was able to get my license with a recent I-94,my K1 visa and the NOA for my I-485. Other states require an EAD or green card. Check the traffic statutes for your state to find the right answer for your situation. 

[NorthByNorthwest 436]

1 hour ago, Keegan said:

Hi there,

My husband (entered on K-1) was denied license from dmv (alaska) as the I-94 is out of status. The clerk said her manager needs a “current” I-94. Im confused as obviously you cant get an updated I-94. The reasoning is perhaps they want to ensure he is here legally. But how can I prove this? We are certainly in a lapse as we had to wait for the marriage certificate to be received before filing for AOS and we are still waiting for it to arrive. My question:

will we be able to get the license with the marriage certificate or the receipt from filing AOS? How long does it take to obtain the receipt after sending the AOS? 
any other recommendations/ tips are welcome. Thank you! 

 

This is a tricky area for most newcomers. First of all, if his I-94 expired and you have not filed AOS he is deportable, so be careful and file ASAP. Second, most DMVs require a still-valid I-94 as proof of him being lawfully present. The problem is, even after you file AOS he will not be lawfully present (in the USCIS sense of the words), but rather in period of authorized stay as @Lil bear pointed out - that is not the same thing as lawfully present and he'll probably have to wait for EAD/GC.

[Yareth 167]

I am in a period of authorized stay and have my driver's license - it depends on the state. 

Edited Tuesday at 02:01 PM by Yareth

[appleblossom 3,794]

33 minutes ago, Yareth said:

I am in a period of authorized stay and have my driver's license - it depends on the state. 

 

Because you’ve filed your AOS/I-485 - the OP hasn’t. 

[Boiler 46,817]

In this case seems he needs EAD

[MalloryCat 576]

from the Alaska government site

"Proof of your Legal name, Date of Birth, and lawful presence (called the "primary document")
These documents are acceptable for proving your legal name and date of birth. Please bring one:

• An original or certified copy of a U.S. birth certificate from Vital Statistics.
• Passport or passport card issued by the United States or US Territory.
• A foreign passport with appropriate immigration status forms issued by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service.
• A resident alien, temporary resident alien, or employment work authorization document issued by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service."

 

https://dmv.alaska.gov/credential-services/your-first-alaska-drivers-license/

 

 

he will need at the very least an EAD, as well as a social security card/number

you might be able to try again with the AOS receipts. as it says appropriate immigration status forms

Edited Tuesday at 02:47 PM by MalloryCat

[Boiler 46,817]

SSN is the first thing a K1 gets so that should not be an issue.

[mam521 2,414]

1 hour ago, MalloryCat said:

you might be able to try again with the AOS receipts. as it says appropriate immigration status forms

Gonna guess not.  Alaska DMV uses SAVE verification for immigration status.  That AOS receipt is just a receipt so I suspect EAD at a minimum, as you'd mentioned.  

[NorthByNorthwest 436]

1 hour ago, Yareth said:

I am in a period of authorized stay and have my driver's license - it depends on the state. 

 

A key factor even in the states with more relaxed requirements is whether you apply for DL while the initial I-94 is still valid - in OPs case it is not which complicates things. DMV will likely run a SAVE verification which will fail since his I-94 is expired and there is no application in process yet.

[Keegan 1]

Unfortunately Alaska doesn't have a statue regarding the documentation.

 

They leave it up to the dmv which states “Unexpired foreign passport with valid U.S. Visa and approved I-94 form.”

[Ontarkie 14,813]

~~Moved to Moving Here and Your New Life, from AOS Family K1/K3- As the topic is about getting a DL in Alaska.~~

 

~~Three posts have been removed for derailing the thread.~~

Edited yesterday at 12:28 AM by Ontarkie