Mellowee

Hi all,

I got here in July on a K1 visa, and married in Sept. I have already
applied for SSN, EAD and AOS so now it's just waiting. Meanwhile, I WAS
trying to get my other stuff together so me and my husband drove to
Eatontown, NJ to register for a driver's permit or something (the one which
I have to get in order to take the written and eye tests? forgot what it's
called), and to my dismay, they told me since my K1 status as on my passport
expired in October 21, I'm unable to register till I have my work permit, or
an Notice of Action from BCIS for my AOS. I pulled out this form letter that
the local Newark BCIS office sent me, and he said, no no no, it comes in
green and has the form number 1-797 Notice of Action printed on it. How do
I get this freaking form?!?!?! Newark has already sent me their "NOA" and I
doubt that they will send me another one. Anybody has any idea or been
through this, can you please advice?

Sorry to have ranted, but sometimes this country really exasperates me.
Sigh.

kariml

Sounds like your state law regarding driver's license is similar to mine (KY). My husband was able to obtain a driver's license on his K1, however the license would have expired when the K1 expired. He had to wait and get his license based on his EAD status and it will expire in one year, along with the EAD. It was very confusing and it is rare that you find a DMV employee who knows exactly what they are talking about.

Nicola76

I took my driving test last week and my K1 expired December 3rd but was still able to take it. We didn't have any NOA from the AOS so I was a little worried but I just showed the marriage certificate and it was fine. I guess it's like everything else with the processes we have to take - there is no consistencies.

Nicola

Timeline TSC

NOA1 January 15th 2003
NOA2 June 19th 2003 (Online Status)
NOA2 Letter received June 23rd 2003
NVC Letter recieved July 2nd 2003 (dated 30th June)
Packet 3 received July 10th 2003
Returned IV-15 July 21st 2003 (Delayed due to being in the USA when it arrived)
Interview date received July 25th 2003
Interview date September 2nd 2003
Got the Visa!!!
Moved to the USA September 5th 2003

Got married November 1st

Adjustment of Status - Atlanta
Applied for SSN in married name November 21st 2003
AOS & EAD sent November 22nd 2003
Received at Atlanta office November 25th 2003 (UPS online)
SSN arrived November 28th 2003
Driving Test December 11th 2003

Folinskyinla

Hi:

I join in the sigh. Its been a running problem we've had with California DMV -- they don't know immigration law and procedure.

The I-797 is the "Notice of Action" everybody talks about and it is NOT issued by your local districts!

You don't say -- but how many people did you talk to at the DMV? Just the front line person? Did you ask to see their supervisor? After that, did you contact your local state assembly person office?

kariml

I don't think it is that they are inconsistent, it is just that driver's license regulations are state law, so not everyone's experience will be the same. A lot of states changed their regulations for non-citizens after 9/11 (at least they did in KY) and the employees still do not seem to understand it very well.

Folinskyinla

Hi:

I do see it as inconsistent -- it seems that the DMV clerk did ask for proof of filing -- and on the employment based AOS's [filed at a Service Center], they WILL be the I-797 notice receipt. Given this indication that all they need is proof of filing, the clerk was then wrong in rejecting the Newark notice of filing.

I may be wrong -- but I would be extremely suprised if NJ allows those pending employment based AOS's to get licensed but not those with marriage based AOS unless they have an EAD.

I think the OP just hit an unknowledgable clerk.

MORAL -- don't necessiarily trust what government clerks tell you. They have the right to lie to you.

kariml

In this situation, yes of course. I thought she meant the differences in each state were inconsistent, which I guess they are, but only because each state has different laws for issuing a driver's license to non-citizens. Getting my husband's license was more confusing than the entire I-129F/K1 process only because it took weeks to get a straight answer on what was really needed.

Marjeta

Normally, you can't. These guys have no idea of how the immigration process works. They just have a list of docs they want, not even knowing if they exist or not.

You can get your DL with your EAD, so I would wait to get that.

Sarahstokesuk

Hi,

I don't really have any info. on the form they have asked for, but just to let
you know that I had a similarly frustrating experience at West Deptford, NJ
DMV. I saw on the website that k-1 fiancee visa holders were eligible to apply
for a license, so I went down with all my ID and was told that because I had
less than 90 days remaining on the K-1 visa (which is a 90-day visa!!!) they
could not issue me a license. So even if you had gone before the K-1 expired
they wouldn't have given you you a permit so don't blame yourself for that. I
intend to go back with my 1 year EAD when I get it to see if they will accept
that. I spoke to one woman, then asked to see supervisor, and they both told me
that I could drive on my British license in the meantime so we bought me a car
in my husband's name and I have been added to his insurance policy with little
trouble. Did they mention that to you? I am wating patiently for my EAD but
will inform you if I have any success with it!

Take Care,
Sarah

FlyergirlUK

After having read about differences in applying for permits in different states, I looked up what I would need for an MD driver's license.

I would need either:

1. Birth certificate; or valid foreign passport with visa and valid I-94/adit stamp; or valid INS document plus one additional primary source of identification with the applicant's signature; OR
2. Birth certificate; or valid foreign passport with visa and valid I-94/adit stamp; or valid INS document plus two additional secondary sources of identification, one of which must contain the applicant's signature

Also two proofs of MD residence.

These, I don't think, would be a problem for me but, (and this made me laugh long and loud) part of my driving course would be a three hour drug and alcohol awareness course!!
Good grief!! I don't drink and I sure as hell ain't stupid enough to do drugs!! Maybe it's gonna tell me how to safely avoid those on the road who are under the influence!! LOL
(I swear that they just hand out driver's licenses to any idiot over here from the lack of driving skills I've witnessed)!! LOL So I should have no problems obtaining one!!

Good luck to all those who are taking their tests or applying to.

Best wishes

Tam
(Off now up to the MVA to get a book which will give me 'knowledge' on how to drive here, like I didn't know already)!! LOL

Steffi

They have the RIGHT to lie to you? *L*


Just wondering (and I know this isn't the same in all states), but could you not just try and obtain your license with your SS#? Also, do you need to get the permit first? I was under the impression (so I don't know this as a fact) that if you're over 18 you can skip the permit part and just get he regular license?

Marjeta

I did not need a permit. The first DMV office I went to was talking about that I needed one. So I went to a different office and there I didn't need one, and got my regular DL as soon as I passed the test. You just cannot trust these people...

Trinity

I agree. You can get your DL with your EAD, but only if the DMV people have a clue what they're doing. I argee that they are VERY inconsistent even in the same state!

We went to the one in our rural Kansas county and presented his EAD, Social Security card, and even after some arguing showed them our marriage certificate and USCIS Interview letter. They claimed because his I-94 had expired, he was ILLEGAL! They demanded a green card as proof and refused to believe the EAD had been issued for work authorization and even claimed we had FAKED the social security card saying that anyone could get one and it didnt prove anything at all.

Needless to say, we drove to the next county over because its part of suburban Kansas City and they had told us all we needed was the EAD and the SS card. It was quick and painless. He took the written test and passed. Then went out for the driving portion and only had to drive around the block!

I agree you really have to get someone that knows what they're doing. Good luck!

Steffi

Grrrr! I would be pretty upset about being ACCUSED for being in the country illegally and faking the SS card!! What the hell! You go through this long process to do everything right and then you get some dipshit accusing you of that, grrrrr. Poop on them! Glad it all worked out in the end though.

NC Penguin

The DMV staff don't *lie*. They are just ignorant of current law. They don't mean to misinform customers. They probably believe what they tell others to be true but don't keep up with changes.




NC Penguin