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-   -   AOS and DMV issues...anyone else had this problem (https://britishexpats.com/forum/marriage-based-visas-35/aos-dmv-issues-anyone-else-had-problem-615722/)

BigBarry Jun 19th 2009 1:22 pm

AOS and DMV issues...anyone else had this problem
 
My driving license expires next week. I have been waiting for my Perminant resident card in the mail (the approval notice said 3 weeks....that was 4 weeks ago).

Anyway off to the DMV I trotted with all my stuff. I still have an H1B that would have been in status, I have my EAC too, passport, marriage cert, deeds to my house SS card, the lot.

I am told, "sorry, you have no I-94, go away"

I explained the I 94 was taken at my AOS interview and showed the approval notice. The response was, "well you need to wait til the card arrives".

I explained that my license expired next Tuesday and they are late with the card. She responded "well you cant drive then".

I pulled out every bit of paperwork I had and she admitted I was clearly who I said I was, and that I had more than enough proof of both ID and legality, but still the answer was no.

That threw me into a mild rage and I demanded to see the supervisor. The supervisor came out along with a cop.

I sat down with both and explained the situation, argued and the cop totally sympathized.

Eventually the supervisor agreed to "do me a favor" and give me a 1 year license based on my EAC.

Bureaucracy gone mad.

Thanks, I feel better.

PS. Just called Immigration......the 3 weeks is going to be 9 weeks!!!!

Rete Jun 19th 2009 2:09 pm

Re: AOS and DMV issues...anyone else had this problem
 
They are correct. That is the law in New Jersey. Go back when you have your green card but note that the license will only be good for the 2 years of the green card if you were granted conditional residency.

Since you are getting a 1 year license you don't have to worry about not having a license until the card shows up.

The wisest thing to have done is to go to the USCIS office on an infopass appointment and ask to receive an I-551 stamp in your passport to use in place of the plastic card.

Folinskyinla Jun 19th 2009 4:25 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by BigBarry (Post 7680279)

PS. Just called Immigration......the 3 weeks is going to be 9 weeks!!!!

Hi:

This is well known among the cognoscenti. Apparently there were some problems in installing the upgraded machinery and systems.

My father is looking at replacing his SLOW 2003 XP computer with a new one -- and I do NOT look forward to assisting him on the upgrade. I am trying to steer him towards a Dell Vostro simply because they come without the crapware found on most machines.

BigBarry Jun 19th 2009 6:22 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by Rete (Post 7680390)
They are correct. That is the law in New Jersey. Go back when you have your green card but note that the license will only be good for the 2 years of the green card if you were granted conditional residency.

Since you are getting a 1 year license you don't have to worry about not having a license until the card shows up.

The wisest thing to have done is to go to the USCIS office on an infopass appointment and ask to receive an I-551 stamp in your passport to use in place of the plastic card.

They were not correct though....they were not going to renew my license at all!! I don't mind about it only being a year but I had to act like a complete asshole just to get that..

I would have been unemployed by the middle of next week, not being able to drive!

Bluegrass Lass Jun 19th 2009 6:42 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by BigBarry (Post 7681148)
They were not correct though....they were not going to renew my license at all!! I don't mind about it only being a year but I had to act like a complete asshole just to get that..

I would have been unemployed by the middle of next week, not being able to drive!

The way I read it, yes they were correct. An approval letter, without the actual green card, doesn't give you a status. Technically, the process you should have followed was what Rete said. You should have went to the local office and gotten the I-551 stamp in your passport as valid proof of your status.

I don't disagree that it's all a major pain in the a$$, and they don't make it easy on anyone. But there are usually ways to work around the problem, you just have to know how to do it. ;)

adjudicator89 Jun 19th 2009 6:50 pm

Re: AOS and DMV issues...anyone else had this problem
 
Hm,
Rete, why 2 years? When I got my license with my CGC(Conditional green card) the exp. date was (is) 2010. CGC recieved 2006 so good for 4 years. I wonder why.

meauxna Jun 19th 2009 7:02 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by milan79 (Post 7681220)
Hm,
Rete, why 2 years? When I got my license with my CGC(Conditional green card) the exp. date was (is) 2010. CGC recieved 2006 so good for 4 years. I wonder why.

Because you live in a different state?


Originally Posted by BigBarry (Post 7681148)
They were not correct though....they were not going to renew my license at all!! I don't mind about it only being a year but I had to act like a complete asshole just to get that..

I would have been unemployed by the middle of next week, not being able to drive!

You were not eligible to renew your license under the laws of your state, that's why they weren't going to renew it. Rather, you did not have the appropriate evidence of your status with you.
The guy did you a favor, yay!

Rete Jun 19th 2009 7:32 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by BigBarry (Post 7681148)
They were not correct though....they were not going to renew my license at all!! I don't mind about it only being a year but I had to act like a complete asshole just to get that..

I would have been unemployed by the middle of next week, not being able to drive!


You are right ... they should NOT have renewed your license without the card and/or the I-551 stamp.

Guess there is no pleasing you.

Unemployment would have been an additional problem for you. Not the fault of the NJ DMV or the USCIS.

Rete Jun 19th 2009 7:32 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by milan79 (Post 7681220)
Hm,
Rete, why 2 years? When I got my license with my CGC(Conditional green card) the exp. date was (is) 2010. CGC recieved 2006 so good for 4 years. I wonder why.


Because someone messed up in your case and/or the law is different in your state.

BigBarry Jun 19th 2009 8:41 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by Rete (Post 7681345)
You are right ... they should NOT have renewed your license without the card and/or the I-551 stamp.

Guess there is no pleasing you.

Unemployment would have been an additional problem for you. Not the fault of the NJ DMV or the USCIS.

But I had with me my Employee Auth card and even a valid H1B!

Thats the dumbest thing I ever heard

Noorah101 Jun 19th 2009 8:47 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by BigBarry (Post 7681503)
But I had with me my Employee Auth card and even a valid H1B!

Thats the dumbest thing I ever heard

You have your EAD (the 1-year EAD you received after filing AOS)?

I don't think your H1B is valid anymore since you've now filed AOS....are you still working for that same employer?

I think they were correct in issuing the 1-year license based on the 1-year EAD...that's what happened with my fiance here in AZ.

Rene

BigBarry Jun 19th 2009 8:50 pm

Re: AOS and DMV issues...anyone else had this problem
 
Yes i had the 1 Year AED. She told me based on that I was ok, but after seeing the "congrats, your green card is on the way" it meant the Employee card was redundant.

I argued it wasnt redundant until I had my green card in my hands, otherwise during this whole process, I wouldnt have valid proof of residency. She caved by saying "I will pretend you didnt show me the green card letter".

Just very frustrating!

Noorah101 Jun 19th 2009 8:55 pm

Re: AOS and DMV issues...anyone else had this problem
 

Originally Posted by BigBarry (Post 7681529)
Yes i had the 1 Year AED. She told me based on that I was ok, but after seeing the "congrats, your green card is on the way" it meant the Employee card was redundant.

I argued it wasnt redundant until I had my green card in my hands, otherwise during this whole process, I wouldnt have valid proof of residency. She caved by saying "I will pretend you didnt show me the green card letter".

Just very frustrating!

LOL, you're just lucky you got to keep your EAD after your AOS interview. If you get approved at the AOS interview, they usually take away the EAD right away, there at the interview.

Rene

BigBarry Jun 19th 2009 8:56 pm

Re: AOS and DMV issues...anyone else had this problem
 
Here is me thinking what a balls up the system is, and I was actually lucky!!!

Jeeze!

I would have had to drive around with an expired permit.:thumbsup:

adjudicator89 Jun 19th 2009 9:01 pm

Re: AOS and DMV issues...anyone else had this problem
 
Ok, thanks. I am in FL maybe the law is different. Rene, I still have my old EAD too LOL. I think some officers takes them , some don't.


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