View Full Version : Temporary visitor status on my wife's license.

10-03-2012, 10:50 AM
Hi all,

I applied for Adjustment of Status under EB3 2003 category(India) in July 2007.As you all know that it's taking for ever especially for some countries like India.

Unfortunately,NY DMV keeps the temporary visitor status on the driver licenses and it's illegal to drive with an expiry date eventhough the license is valid.I get mine renewed every 2 years after getting my EAD renewed.

But,in my wife's case she is a house wife and don't apply for an EAD except the initial one that came after I-485 application in 2007.Then onwards,I am finding difficulty with extending her dates on the license.In between in 2009,she got one year extension based on the I-94 status after she came back from India.

I went to DMV last week and they took couple of hours to talk with Albany state department and said that they can't help.

She has her AP every year and the only document with a future date on it.The DMV says they can't use the AP date as the date on the driver license.I took an Infopass appointment and spoke with the Immigration officer.He too couldn't help me and said that the only way is to get her EAD and get the extension which doesn't make any sense as she is not working.And an other option is to leave the country and enter again to get the I-94 stamp on the AP.This involves Canadian stamping and so forth.

I know many of you might be in a similar situation if you are based out of NY state.Please advice with your suggestions and answers to this long lasting problem from 2007.


10-03-2012, 10:58 AM
Just apply EAD even if she is not working and the problem will be solved.