Can a k1 get a Texas drivers license?

[ollywarren1 1]

Hey everyone, I'm currently on a k1 visa, filing my AOS this week, as my 90 days expires on December 24th.

My question is, am I able to learn to drive, and qualify for a Texas drivers license?

I have read many things, all of them, very contradicting. Any help would be greatly appreciated!

Many thanks!

Olly.

[the__tourist 0]

You will have to wait until you file your AOS. Specifically, read this link: http://www.txdps.state.tx.us/DriverLicense/LawfulStatusDLID.htm

Because your K1 "expires" you will need to wait until you have proof that you have lawful status beyond 6 months from the date you apply.

[ollywarren1 1]

Hey, Thanks for the response. I am filing my AOS tomorrow, so will I receive something in the meantime showing my lawful status here for 6 months on the US? What could I use to show the dps that I am here lawfully?

Many Thanks

Olly.

[Nich-Nick 3,354]

What could I use to show the dps that I am here lawfully?

You can show your EAD card or green card---that's it. K-1 is limbo because your lawful status ends after 90 days as far as having any document to show, even though you are allowed to stay while waiting on AOS.

I'm 100% positive you can't get a TX DL until you have your EAD or green card. With EAD you'll get a Temporary Visitor license that expires in one year on the expiration of the EAD. You will take the written test on computer to get a learner's permit and driving test with a state trooper to get the initial license. ( My husband took both the same day since he didn't need to practice driving.)

If you get that temp visitor license with EAD, when the green card comes you can go back, PAY again, and get a regular 6 year license. After that, you will have to go back in person even to change your address if you move. Nothing online allowed for GC holders. The yellow book to study for the written test is free at DPS offices and easier than trying to read it all online. Study the first part of the book about offenses for teen drivers because the test has a number of questions from that section.

Edited December 17, 2010 by Nich-Nick

[ollywarren1 1]

Amazing info,thankyou for taking your time out for me with this.

[ajoman84 0]

Does anyone know of official source where it states that K-1 visa holders can get a drivers license or permit with EAD?

My fiancee went to get a permit in Dallas and they refused saying that those on K-1 are not eligible..

[Nich-Nick 3,354]

Does anyone know of official source where it states that K-1 visa holders can get a drivers license or permit with EAD?

My fiancee went to get a permit in Dallas and they refused saying that those on K-1 are not eligible..

It is here http://www.txdps.state.tx.us/administration/driver_licensing_control/ImmigrationStatusChart.pdf

Look at the last thing on page 4 "Lawful Temporary Resident".

And the paragraph on this page says:

All others who are NOT a citizen or a lawful permanent resident of the United States must present:

Valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, or U.S. Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S. for a period of six months or more.

The EAD card shows that, but there has to be at least 6 month before the expiration date on it for it to be accepted.

Edit to add: Tell the lady she is not a K1 anymore but has moved beyond that as shown by being issued an EAD.

Edited January 4, 2011 by Nich-Nick

[TBoneTX 45,308]

when the green card comes you can go back, PAY again, and get a regular 6 year license. After that, you will have to go back in person even to change your address if you move. Nothing online allowed for GC holders.

Nich is quite correct about the "nothing online" part, as is emphasized by my experience today.

We moved locally within the last 30 days. My wife (Mrs. T-B., the LPR) already has a valid 6-year Texas driver's license. She is 8.99999 months' pregnant and can't stand on her feet for too long. I (the USC) renewed my Texas license on-line today. On the Texas Dept. of Public Safety (DPS) page that discusses on-line change of address, one of the eligibility criteria to do so is: "US citizen or lawful permanent resident." However, as I typed in my information and proceeded through the pages, an "option" (with a clickable button that was already clicked "yes") was (only this) "I am a US citizen." There was no option for "lawful permanent resident"!

Because I had planned to update Mrs. T-B.'s address after doing my own, I was concerned: Did the opening eligibility criteria ("US citizen or lawful permanent resident") imply "lawful permanent resident" under the later "US citizen" option? Or, would proceeding with the clicked "US citizen" option be a blatant statement of misrepresentation, subjecting the LPR to possible deportation?

I couldn't reach Texas DPS in Austin (line always busy). The Texas.gov helpline agent agreed that this was definitely confusing and probably sloppy on the part of the webpage's designer, but had no answer. She referred me to three Houston-area DPS offices, none of which had a live person answering. I called my law firm. A Criminal Defense attorney said that the impact of a Class C misdemeanor for "failure to report change of address" paled in comparison to the spectre of deportation for misrepresentation. Given Mrs. T-B.'s condition, any such charge would probably be dismissed in court. She recommended holding off on changing Mrs. T-B.'s address until Mrs. T-B. is able to stand in line at the DPS driver's license office in person.

The Criminal Defense attorney then connected me to an Immigration colleague of hers, who was quite concerned to hear of this discrepancy on the DPS website. He will make this known to his colleagues in the immigration community and to his contacts in Texas DPS. He strongly cautioned me not to change the wife's address on-line, because the form is traceable by many agencies, including CBP/ICE. Because the wife needs to comply with the lawful need to change address within 30 days of moving but can't stand in line due to being Heavy with Child, he suggested downloading the mail-in change-of-address form (DL-64). (Ironically, the DL-64 mentions and asks nothing about immigration status.)

Therefore, if the second attorney's advice is correct, the mail-in DL-64 form becomes a palatable compromise between probable misrepresentation (on-line change of address) and standing in line (physically impossible for Mrs. T-B. now).

I wonder how many LPRs innocently relied upon the "eligibility" information on the opening DPS page, and got into serious immigration trouble after changing their address on-line? To compound the danger, the website also offers "I want to register to vote" as another option.

As a reminder, anyone who moves must file an AR-11 (LPR) and an I-865 (USC) within 10 days of moving. We received our respective acknowledgments very quickly -- and I mailed my I-865 with just a 44-cent stamp on it (no return receipt requested). Separately, there's also the very simple Form 8822 at www.irs.gov (for the IRS).

[Nich-Nick 3,354]

Nich is quite correct about the "nothing online" part, as is emphasized by my experience today.

What??! You didn't believe me TBone? I wouldn't post anything unless I had personally been through the hassle. LOL.

Congratulations on the baby. Going to PM you my emails to/from DPS. You might get a kick out of them.

[TBoneTX 45,308]

What??! You didn't believe me TBone? I wouldn't post anything unless I had personally been through the hassle. LOL.

Dear, you're one of the elite posters on VJ whose information I always trust implicitly, si man. It seems that I must straighten out that lawyer!

Congratulations on the baby. Going to PM you my emails to/from DPS. You might get a kick out of them.

Gosh, man... and DPS needs to clarify a straight story on its web pages, uff man.

[J & J 3]

I thought i'd post a question in here since I see alot of Texas folk in here..

Once I get my EAD and try and get my Texas license, do I have to do the written and driving test over again? or can I just switch in my full G Canadian license?

Everyone at the DPS seems to tell me different things!!!

[Nich-Nick 3,354]

I thought i'd post a question in here since I see alot of Texas folk in here..

Once I get my EAD and try and get my Texas license, do I have to do the written and driving test over again? or can I just switch in my full G Canadian license?

Everyone at the DPS seems to tell me different things!!!

It's about 2/3 of the way down THIS PAGE. Canadians don't have to take the tests. I will add that my husband (who took the tests) did not have to surrender his UK license.

Currently Licensed in Another State or Country

A new resident moving into Texas, who is at least 16 years or older and has a valid driver license from another state, has 90 days after entry into the state to secure a Texas Driver License. You must:

1.Apply in person at a Texas Driver License office.

2.Complete the requirements for an original applicant (see Requirements above).

3.Surrender your VALID out-of-state learner or driver license, or a VALID out-of-country learner or driver license from France, Canada, or Germany, at the driver license office. The written and driving examinations will be waived, but you must still pass a vision exam.

OR

Surrender your EXPIRED driver license at the driver license office. You will be required to pass the written, driving and vision exams.

4.If you are under age 18, you must pass the mandatory driving test. NOTE: For customer convenience, some locations are pre-scheduling the driving exam. Contact your local Driver License office to see if appointments are offered.

[J & J 3]

It's about 2/3 of the way down THIS PAGE. Canadians don't have to take the tests. I will add that my husband (who took the tests) did not have to surrender his UK license.

Currently Licensed in Another State or Country

A new resident moving into Texas, who is at least 16 years or older and has a valid driver license from another state, has 90 days after entry into the state to secure a Texas Driver License. You must:

1.Apply in person at a Texas Driver License office.

2.Complete the requirements for an original applicant (see Requirements above).

3.Surrender your VALID out-of-state learner or driver license, or a VALID out-of-country learner or driver license from France, Canada, or Germany, at the driver license office. The written and driving examinations will be waived, but you must still pass a vision exam.

OR

Surrender your EXPIRED driver license at the driver license office. You will be required to pass the written, driving and vision exams.

4.If you are under age 18, you must pass the mandatory driving test. NOTE: For customer convenience, some locations are pre-scheduling the driving exam. Contact your local Driver License office to see if appointments are offered.

Hmm..well it will be way over my 90 day mark. I did end up going to try and see if I could get a license or state id with my K-1 status before my I-94 expired with my SSN#..lol, but they would not let me and told me I would probably have to rewrite the test and driving test over again when I get a Green Card.

I guess i'll be prepared for a written and driving test....They didn't mention anything about EAD document to get a License, but i'm going to try anyway!

Thanks for your reply.

[LDRkristin 0]

Hmm..well it will be way over my 90 day mark. I did end up going to try and see if I could get a license or state id with my K-1 status before my I-94 expired with my SSN#..lol, but they would not let me and told me I would probably have to rewrite the test and driving test over again when I get a Green Card.

I guess i'll be prepared for a written and driving test....They didn't mention anything about EAD document to get a License, but i'm going to try anyway!

Thanks for your reply.

Hi J&J,

Did you ever try to get your Texas license with your EAD? How did it go? I'm also Canadian and well past the 90 mark, but I got my EAD in the mail on Friday and want to know what I'm in for. Written test? Driving test?

I'm pretty sure an EAD will work to get a license based on this info I found for Lawful Status ID on the DMV website: http://www.txdps.state.tx.us/DriverLicense/LawfulStatusDLID.htm

"All others who are NOT a citizen or a lawful permanent resident of the United States must present:

* Valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, or U.S. Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S. for a period of six months or more."

It says US Department of Homeland Security, and shows one year validity right on it, so I think it should be okay.

To other posters on this thread, as others have stated before, you CANNOT get a driver's license in Texas as a K-1. I tried three different DMV offices in the Dallas metroplex, and brought every ID and supporting document I could find... and left in tears. Every staff person went into the big binder of immigration statuses to check, and turned me away immediately. It's really awful too, because the law was only changed two and a half years ago, and it looks like someone just went down the list of visas and put tick marks by all the ones with six months and exes by anything less completely indiscriminately. It's not like we're going to (or even CAN) leave the country, so what's the deal with not letting us have a license?! Getting an SSN wasn't a problem! The worst part of this experience was that my sixteen yearold sister in law passed her driver's test on the same day I was rejected. Way to add insult to injury.

Hehehe, I'm over it, and ready to just get my license in whatever way is necessary.

[Nich-Nick 3,354]

I'm pretty sure an EAD will work to get a license based on this info I found for Lawful Status ID on the DMV website: http://www.txdps.state.tx.us/DriverLicense/LawfulStatusDLID.htm

YES you can get a license and it will be called a Temporary Visitor license and will expired the same day as the EAD. With a greencard, you get a regular driver's licence good for 6 years. You will have to pay again if you get the temporary visitor one then go back with your greencard to get a regular one.

It's really awful too, because the law was only changed two and a half years ago, and it looks like someone just went down the list of visas and put tick marks by all the ones with six months and exes by anything less completely indiscriminately. It's not like we're going to (or even CAN) leave the country, so what's the deal with not letting us have a license?!

The law changed the day my husband entered the country. If he had just made his flight reservation a week earlier......

The law changed because of crackdowns on illegal immigrants. People whose visas were about expire were getting 6 year licenses and used those as id to appear to be legal years beyond their actual legal immigration status. They could have made the law where your license would expire at the end of your 90 days, but I guess they figured 6 months was a good minimum to be worth the bother. The number of K1s is but a dot compared to all the other visas, so they don't tend to write rules to accommodate the exceptions to the bigger picture.

If you don't want to take the tests, I suggest you print the page mentioned in an earlier post to remind them that Canadians do not have to take the test according to the Texas DPS website.