Cannot get drivers license?

[samiam95124 1]

Hi,

We got turned down for a California drivers license for the second time today.

I didn't think it was a big problem, and I work, and she stays at home and

studies english (she is the K1 visa holder). She went to the CA DMV with passport

in hand, including attached I-94 form, and they sent her away and told her

"you cannot get that until you are married".

Well, now we are, and I found out that they had no reason to deny the license

from another office. So I went in with her. This time they said the I-94 is "about

to expire", and they won't issue a license for it. They tell me that the I-94 is

only 60 days (she arrived here August 20th). As for the employee that sent

her packing the first time, they told us "tell is the name and we will inform

her of the policy", ie., they won't do anything for us.

Is there anything to be done at this point? The only obvious alternative

is to wait for the AOS, get a permanent resident card, all of which is a few

months and an interview. Is there another way?

Thanks,

Scott

[nickbits 43]

I think you'll need to wait for the ead.

But your i94 expires in 60 days? It should have been 90.

[payxibka 10,047]

you need to check the CA DMV for the license requirements... quit sending her back there until she has the needed immigration documents/status. This is not a CA only issue... it is pretty the same much nationwide for K-1 entrants

This is not a K-1 visa process issue... moving thread

Edited September 28, 2010 by payxibka

[Liam and Kara 6]

I had the same problem exactly the same i was quite lucky i was in touch through most of the K1 process with my State Senators office and their wonderful secretary who if i had a problem like the one you are having they contacted the HEAD office directly and they sent me an email directly with instructions to take to the driving licence, i went down and they got it all sorted for me...the same happened with getting a social security number and again i contacted Heather at the senators office after a couple of hours she called me and emailed me instructions to take this down to the Social office and again hey presto they managed to do it just fine....right there and then. I hope this helps or gives you an idea...

Edited September 28, 2010 by Liam and Kara

[samiam95124 1]

you need to check the CA DMV for the license requirements... quit sending her back there until she has the needed immigration documents/status. This is not a CA only issue... it is pretty the same much nationwide for K-1 entrants

This is not a K-1 visa process issue... moving thread

Ok, sorry.

[samiam95124 1]

I think you'll need to wait for the ead.

But your i94 expires in 60 days? It should have been 90.

I hadn't applied for an EDAD (the reasons are that the ink is still fresh on the Wedding licence, and

that I only intend for her to go to school for at least the next year).

I read elsewhere here that 90 days was the limit on a K1 I-94 visa, which would make sense, since

that is the term of a K1 visa. Did they just flat get it wrong? I'll read the I-94 again tonight.

Thanks,

Scott

I had the same problem exactly the same i was quite lucky i was in touch through most of the K1 process with my State Senators office and their wonderful secretary who if i had a problem like the one you are having they contacted the HEAD office directly and they sent me an email directly with instructions to take to the driving licence, i went down and they got it all sorted for me...the same happened with getting a social security number and again i contacted Heather at the senators office after a couple of hours she called me and emailed me instructions to take this down to the Social office and again hey presto they managed to do it just fine....right there and then. I hope this helps or gives you an idea...

Good advice I will consider this approach.

Scott

[nickbits 43]

My wife came over on aug 23 and hers expires in November. In MI you need an i94 or work authorization to get a license which is why I mentioned it. I assume ca is similar in that regard. But you should check it out. MI has a nice checklist of everything you need.

[Liam and Kara 6]

I hadn't applied for an EDAD (the reasons are that the ink is still fresh on the Wedding licence, and

that I only intend for her to go to school for at least the next year).

I read elsewhere here that 90 days was the limit on a K1 I-94 visa, which would make sense, since

that is the term of a K1 visa. Did they just flat get it wrong? I'll read the I-94 again tonight.

Thanks,

Scott

Good advice I will consider this approach.

Scott

Scott

I had not applied for anything at this time, when i went for my social number we had just got married, i dont think i was married when i got the driving licence sorted though, they gave me a temp licence which they would make permanent when i got the AOS i just have to go down with the card once received.

I really dont know why they give us K1's a hard time about getting them, guess its just more red tape to work through, it certainly helps have good friends in high places....try your senators office explain the situation and see what they can do to help...let me know how you get on.

[MIKE AND FEY 0]

Hi,

We got turned down for a California drivers license for the second time today.

I didn't think it was a big problem, and I work, and she stays at home and

studies english (she is the K1 visa holder). She went to the CA DMV with passport

in hand, including attached I-94 form, and they sent her away and told her

"you cannot get that until you are married".

Well, now we are, and I found out that they had no reason to deny the license

from another office. So I went in with her. This time they said the I-94 is "about

to expire", and they won't issue a license for it. They tell me that the I-94 is

only 60 days (she arrived here August 20th). As for the employee that sent

her packing the first time, they told us "tell is the name and we will inform

her of the policy", ie., they won't do anything for us.

Is there anything to be done at this point? The only obvious alternative

is to wait for the AOS, get a permanent resident card, all of which is a few

months and an interview. Is there another way?

Thanks,

Scott

Other than waiting there's nothing you can do until she receives her Green Card, that is after you guys get married and she applies for her Permanent Residency. At least that is how it works here in South Carolina. So just be EXTRA patient. Best wishes,

Fey

[Filipina Lover 1]

yup, me too, we had to wait until social security got her name in the system and they had to wait until immigration got her name in their system, finally after she actually got her green card, we went back and they accepted her. Really we could have done this all after about 3 weeks after she arrived, but the stupid social security office messed things up for us, instead of just telling us to come back and try in a couple of days, they just went ahead and sent it in for verification and that caused our delays.

So for all new people, I recommend just waiting 3 weeks after arriving, because 2 weeks just isn't enough, maybe 2 1/2 weeks will work, but 3 should be ok for sure.

I don't know why all these government offices can't just share a database and let's get things organized, like finger prints, they take them before she leaves, when she arrives, and then they want you to go down and take them again, such a waste of tax payer money.

[sunandmoon 450]

from CA DMV Website.

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

http://www.dmv.ca.gov/dl/dl_info.htm#ltlp

[samiam95124 1]

from CA DMV Website.

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application.

If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you.

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

http://www.dmv.ca.gov/dl/dl_info.htm#ltlp

The winning answer, thank you.

Unfortunately, the upshot is that (apparently) you need to start a DMV license within 30 days after arrival. I had no idea. We actually made the 60 day requirement, but that was eliminated by a misinformed DMV employee.

Kinda sad, we did everything right, we are legally married, and she is locked out of the system.

Thanks again for all of the good answers.

Scott

PS. If the other poster is correct, and you cannot also file too early, because homeland security will not have the record, this would mean (apparently) that you have exactly one week in which to "properly" file (wait three weeks, but file before the first 30 days expire).

Edited September 28, 2010 by samiam95124

[kennym 275]

Identification Requirements for a Texas Driver License or Identification Card

A driver license is no longer used solely as authorization to drive. The driver license or identification cards are the nationally accepted forms of identification, and both are used daily to establish identity. Therefore, the Department has the responsibility to correctly determine an applicant's identity before issuing a driver license or identification card.

Before a Texas driver license or identification card will be issued, every applicant MUST present either one piece of :

Primary Identification:

These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth.

• Primary identification
  

MUST INCLUDE PHOTO,FULL NAME AND DOB

Accepted for Identification Without additional documentation

• Texas driver license (DL) or identification certificate (ID) with photo within two-years of expiration date.
  
• Unexpired United States passport
  
• United States Citizenship Certificate or Certificate of Naturalization with identifiable photo
  

(N-560, N-561, N-645, N-550, N-55G, N-570 or N-578)

• Unexpired Dept. of Homeland Security (DHS) or U.S. Citizenship and Immigration Services document issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application. The document must contain verifiable data and identifiable photo. Examples include but are not limited to:
  

• US Citizen Identification Card (I-179 or I-197)
  
  
• Resident Alien Card (I-551)
  
  
• Temporary Resident Identification Card (I-688)
  
  
• Employment Authorization Card (I-688A, I-688B or I-766)
  
  

• 
  
• A Foreign Passport with a visa (valid or expired) with an undefined expiration date and Form I-94 with an undefined expiration date.
  
• A Foreign Passport with a visa (valid or expired) with a defined expiration date and Form I-94 with a defined expiration date. The Form I-94 must have been issued for a period of at least one year and have at least six months validity remaining.
  
• Unexpired United States military ID card for active duty, reserve, or retired personnel with identifiable photo.
  

All

For State of Texas, above is the requirements for required documentation.. Notice the two options in red bold print.. Does this mean I can secure a Texas DL for my fiancee with her I-94 card even though it expires in 90 days since it says "Valid or Expired"? I'm curious about what they mean by undefined expiration date..

They state only one of the documents is required!

Why does it seems that K1 visa holders get treated like red-headed-step-children?

Edited September 28, 2010 by kennym

[freetv 7]

Don't apply until aos, they will prob end up giving you a short term license and of course charge you full price.

[Harsh_77 718]

Scott

I had not applied for anything at this time, when i went for my social number we had just got married, i dont think i was married when i got the driving licence sorted though, they gave me a temp licence which they would make permanent when i got the AOS i just have to go down with the card once received.

I really dont know why they give us K1's a hard time about getting them, guess its just more red tape to work through, it certainly helps have good friends in high places....try your senators office explain the situation and see what they can do to help...let me know how you get on.

The reason K1 get hard time is coz K1 is kinda temp status.

Most govt agency want to wait until you are married before they would start issueing you and identity in the country.

There can be and have been cases where K1 entered the country and it did not workout and never got married and returned back to home country, in such cases they would never get back to issuing authority to get the DL revovked or anything.