Drivers license renewal -visa expired - greencard pending

[immihelp]

To whom it may concern,

Good day sir/ madam,

I am in the US with a K1 visa and waiting on my green card, but my visa expired in November and i can not get my state ID or drivers license with an expired visa except i get my green card, so i am wondering if i can renew my visa while my green card is pending.


Thank you for your co-operation

[immihelp]

If you show the proof that your greencard is pending (receipt notice etc), that should work.

[nichole]

First of all a K1 is not renewable. It basically expired the day you used it to enter the country. Your I-94 will have a 90 day date on it.

Driver's license requirements depend on the state in which your reside so you will have to look that up. Most state governments want at least an I-94 or visa with a minimum of 6 months left on it. That lets you out being a K1. They don't normally recognize AOS pending...like a receipt of applying as being worth anything.

Hopefully you applied for EAD along with your green card. Most states will take that as evidence of a legal time of remaining in the US and will give you a temporary license for the length of the EAD card. That should come in 60-90 days and faster than the green card.

You will have to find out what your own state requires because it could be different.