MrsBubblebrain

Okay, the story so far. Am married to a US citizen and am on his insurance. I arrived 27th July 2002, married in October and stayed and filed for change of status.

Was told that I could drive on my UK licence for a year (so until end of July this year, 2003) although as a resident of South Carolina I SHOULD have a SC licence, but as I couldn't get one... the police said it was okay.

We renewed our insurance this week. I have to have insurance as I am in the system, but with an unverifiable driving record, but can't use my UK licence after the end of this month..... and have a month to present a SC licence. All we can do is temporarily exlcude me and I have to surrender my UK licence which is my only form of identification over here and so I need it really.

But I can't get one without an EAD, waiting for the interview. And I can't get a SSN without an EAD and even THEN I still don't have all the paperwork for a licence.

What on earth do I do? Its driving me (excuse the pun), nuts.

cooper_bd

okay, I'm not exactly sure about specific laws in SC, but here is how things went for me in Washington.

First off, I obtained my social security card before I ever moved to the US. Since I am not a citizen, the card reads "valid only with INS authorization" which means with any sort of visa.

As for Washington state license, they made me take the written and driver's test again. Then they punched a hole through my BC license (I am from Canada) to invalidate it, though I kept it for ID purposes.

I don't see why you would have to "give up" your license so to speak. It may not be valid for driving but remains a form of ID.

I hope this helps a little.

Pulaski

I don't know when you arived in the US, but I hear that post 9/11 it has become impossible to obtain a SS card without a visa, and impossible, in at least some states to obtain a driver's licence without a SS number.

There have been others who have posted here that discover that they are unable to get a US licence because of this predicament, which condemns otherwise law-abiding (non)citizens to either break the law (driving without a licence) or give up driving, which isn't very practical in most parts of the US.

Patrick

Daft Question but have you actually been into the DMV office and sat down with an official and explained your case - shown your K1 visa and AOS and shown you are a resident (I take it you got put onto utilities and rent to help your credit report).

Patrick

scotch03

DO NOT SURRENDER YOUR UK DL - It remains the property of DVLA in UK.

jester

You don't need a SSN to get a driver's license in VA. You have to show proof of residency (lease, house deeds or tenancy agreement etc) along with a utility bill and your passport with valid I-94 (you can do this even on a visitor visa)

You also have to go to the social security office and get a letter from them saying they won't issue a SSN (they fax this to the DMV) and the DMV then will issue a learner's permit with a 'T' number instead of a SSN - of course you also have to pass the 2-part knowledge test! Your learners permit is good as a regular license for most purposes.

30 days later you go back and take one of the DMV people for a drive around the block - literally - and you have a full driver's licence.

MrsBubblebrain

I don't have a visa, it expired after we got married. The INS TOLD us to just go ahead and marry and not worry about going home and getting the fiances visa as it would mean we would be apart for a long time..... as long as we married before my visa ran out. Which we did.

So now I know why I needed a visa!

Yes, I have to have a SSN in SC, although they did say that my tax number would do. I checked online and there is a list of stuff some of which I do and don't have. Their actual brochure lists combos of this stuff, and of course in each combo something comes up that I don't have

BUT I think I will just have to go to the office and as someone suggested, sit down and offer them what I have. I have to go out of town to do it.

They passed a law to make it easier for immigrant workers in SC, but that doesn't count me as I don't have my EAD. Yet. Soon, I hope.

So now I get to sit at home with no money! Great!

I will also try and tackle the SSN number, I have called and talked to them several times and they keep saying I can't have it without x y and z.

Thanks all!
Linda aka Mrs B

catswhiskers

I find that very hard to believe that they told you to marry and not worry about getting a fiance visa from your home country!

Patrick

Well if you couldn't be arsed to get a K1 then you have no sympathy from me. It would of taken you 3 months and you could of stayed in the US while it was being processed and flown back for the interview. If your going to circumnavigate the law then you have to suffer the consequences of your actions. Hope you EAD comes soon though as I know how frustrating it is sat at home doing nothing.

Patrick

catswhiskers

I've been told by many people here when I asked about it that you can't go through the K1 visa process while living in the US and just go back for the interview (which is what I had hoped I could do). It also says that on the BCIS and US Embassy London website.

MrsBubblebrain

I had my flight home arranged, we were trying to find if I had to go home while the K1 visa came through (they said it would be a lot longer than three months btw). We phoned the INS to see what to do as my visitors visa was expiring.... and THEY said, well the best thing to do is just go ahead and get married!

I knew several people that had done the same, and I called back to speak to someone else and said 'what would my position be, isn't this doing it the wrong way' and they said no, it was fine to do it that way! I obviously didn't want to cause myself long term probs.

So thats what happened. We planned to do it the other way and I was quite happy to do it that way, but they made it sound so simple... just go out and get married.

Pulaski

Sorry to say, you are now on track for a long haul and a lot of being messed around.

The INS rules make it quite clear that they do not like people who arrive as a visitor, get married to a USC and then file for a visa to stay in the US.

So as to discourage this from happening any one who does things this way is likely to be pushed around from pillar to post, and end up waiting much longer than if they had done things the "proper" way and applied for a fiancé(e) / spouses visa in the first place.

MrsBubblebrain

.. and the silly thing is that we were quite happy to go the other route!

Now I understand why we should of done, but it wasn't done to outwit anyone....

My husband reminded me earlier that he actually went into the local office and thats what they said! The INS guy said, 'why don't you just marry her while she is here'!!!!!!!!!!

I guess we will get there in the end. Its a shame though, because as I said, would of be fine about going home and applying. We weren't sure if we could apply while I was here or not.

Its been hard to get the right advice.