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Filed: AOS (pnd) Country: Australia
Timeline
Posted

Hi everyone,

I have come across another problem. I have applied for AOS from a K1 visa. I have the NOA1 but that is all. I am currently driving by using my Australian drivers license but this will expire in about 3 weeks. I want to apply for a Florida drivers license and have some questions for any other Florida residents:

1. Am I eligible for a Drivers License as I do not have EAD or greencard (my K1 will expire in about 3 weeks) ?

2. do I need to take a driving test or can I exchange my foreign license?

I cannot go without a license for any period of time as my husband is currently deployed to Afghanistan and I have no other transport options.

Any help will be greatly appreciated.

Filed: Country: China
Timeline
Posted (edited)

your eligibility will be determined by the state where you live. Some states like california are less restrictive while others will only issue a DL if you can prove your immigration status as a permanent resident. You will have to take the written test regardless and most likely will have to take a behind the wheel test as well since you only have a foreign DL now. But the behind the wheel test in most places is so ridiculously easy that if you can reach the gas pedal you can pretty much pass (not sure if reaching the brakes is even necessary :rofl: )

As a side note, your K-1 doesn't expire in 3 weeks. It was cancelled as soon as you passed your POE in to the US. From that point until you have completed your AOS you are in a limbo status as far as immigrations is concerned. K-1 is not like a tourist or business visa that lets you enter and stay for a set amount of time. It lets you enter once and only once and has no time limit for exiting, just the agreement that you will marry or leave within 90 days. Assuming you are already married then the time issue is a moot point also.

Edited by Casprd

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Posted

Casprd,

Saw your note RE: California below... do you know, that if we can use a AOS NOA1 to apply for a license in CA? Or do we need to wait for the full greencard?

Tks.

your eligibility will be determined by the state where you live. Some states like california are less restrictive while others will only issue a DL if you can prove your immigration status as a permanent resident. You will have to take the written test regardless and most likely will have to take a behind the wheel test as well since you only have a foreign DL now. But the behind the wheel test in most places is so ridiculously easy that if you can reach the gas pedal you can pretty much pass (not sure if reaching the brakes is even necessary :rofl: )

K1 Journey
11/2006...... met for the first time on a night out in London!
11/25/07..... I moved to the UK on a work visa to be with him 🙂
02/27/09..... he proposed!
08/30/10..... sent I-129F
09/02/10..... NOA1
01/27/11..... NOA2 (147 DAYS from NOA1)
03/22/11..... INTERVIEW! (201 DAYS from NOA1) - APPROVED! --> Read the review here!
03/25/11..... visa received!!!
06/09/11..... POE LAX!! --> Read the review here!

AOS Journey
07/22/11.... SSN received
08/27/11.... our wonderful wedding!!
09/23/11.... sent AOS package
09/25/11.... AOS package delivered in Chicago (7:33 p.m.)
10/10/11.... AP rejection letter, refiled 10/17
10/11/11.... NOA1 received via text & email (AOS + EAD only)
10/15/11.... hard copies of NOA1 for AOS + EAD received (dated 10/7)
10/17/11.... refiled AP
10/18/11.... successful biometrics walk-in, Santa Ana, CA (appt for 11/1)
10/20/11.... NOA1 for AP
12/12/11.... call in to USCIS. Told to call back after 12/26.
12/23/11.... I-765 approved

02/1/12...... Interview
02/02/12.... Approved!
02/10/12.... Hubby's GC in hand!

 

ROC Journey

12/09/13.... sent I-751 to CSC

12/10/13.... package delivered / NOA1

12/12/13.... cheque cashed

01/06/14.... biometrics

04/18/14.... approval letter dated (received 4/22)

 

Naturalization Journey

09/29/22.... filed N-400 online

09/30/22... NOA/biometrics reuse

01/23/23... interview scheduled for 02/28 

02/28/23... successful interview + oath ceremony in Santa Ana, CA! so proud! certificate of naturalization received! --> Read the review here!

Filed: Other Timeline
Posted

Emma Louise,

you will not be able to obtain a Florida driver license before your AOS petition is being adjudicated. "Should have" doesn't help you much, but you should have gotten a new Australian license before moving to the U.S.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Citizen (pnd) Country: Bolivia
Timeline
Posted

I had mi DL in FL for 3 years with my mother's I-130 NOA. But when it got approved and I needed to wait for an available visa for my case I couldn't renew it. My husband (by that time my boyfriend) decided to buy a house and get married, and I could renew my DL with my passport, marriage certificate and NOAs of I-130 and I-485 and I-94 and 2 proofs of address. Since January 2010 the law have changed to obtain a DL in FL. But I had to visit at least two diferent tax collectors to get it. My suggestion for you is to go to a tax collector office and say that you want to get a DL and if with your documents you can get one. If yes you'll have to get first te learners permit (making the test in the computer signs and questions) and after that the practical test. In the TC they have the books to study, they are free or you can download them.

To drive with a foreign DL or expired licence is a criminal offense. You can be charged with driving with no valid DL. (If you are going to be more than 30 days in FL, you suppose to get a FL DL).If you get caugth you can have a ticket, or have to go court or get arrested and your car impound. And no mention the financial cost. If you get caugh two times is time in jail.

Laws are getting hard in FL.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Hi everyone,

I have come across another problem. I have applied for AOS from a K1 visa. I have the NOA1 but that is all. I am currently driving by using my Australian drivers license but this will expire in about 3 weeks. I want to apply for a Florida drivers license and have some questions for any other Florida residents:

1. Am I eligible for a Drivers License as I do not have EAD or greencard (my K1 will expire in about 3 weeks) ?

2. do I need to take a driving test or can I exchange my foreign license?

I cannot go without a license for any period of time as my husband is currently deployed to Afghanistan and I have no other transport options.

Any help will be greatly appreciated.

In FL you will need at least your EAD. They will issue you one with the EAD, but it gets mailed to you from Tallahassee, so there is a short wait for it. They say it can take up to 30 days, but only took my husband like 10 days. It will only be good for the time the EAD is, so you will need to go back and get another one that is not temporary when you get your green card.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Timeline
Posted

Emma Louise,

you will not be able to obtain a Florida driver license before your AOS petition is being adjudicated. "Should have" doesn't help you much, but you should have gotten a new Australian license before moving to the U.S.

Have things changed? I was able to obtain a Florida Drivers License with my I-797c / aka NOA.

Moving from AOS Process to General Immigration Discussion.

iagree.gif
Filed: AOS (apr) Country: Australia
Timeline
Posted

Hi everyone,

I have come across another problem. I have applied for AOS from a K1 visa. I have the NOA1 but that is all. I am currently driving by using my Australian drivers license but this will expire in about 3 weeks. I want to apply for a Florida drivers license and have some questions for any other Florida residents:

1. Am I eligible for a Drivers License as I do not have EAD or greencard (my K1 will expire in about 3 weeks) ?

2. do I need to take a driving test or can I exchange my foreign license?

I cannot go without a license for any period of time as my husband is currently deployed to Afghanistan and I have no other transport options.

Any help will be greatly appreciated.

Emma am not sure about Florida but most states require EAD card or GC I am in Georgia and I had trouble getting my license with EAD card as it would not enter into the system with just that card so I had to wait for GC. On saying that the license was then only valid for as long as EAD was so when I got GC that had to be changed and now is valid till GC expires then I have to go and change it again to make it for 5 years. Yes you have to have a test done a computer one and a driving one, so no we can't just transfer over from Aussie one to US. So once you send in AOS you should get EAD card after Bio and then you can try and get your license and yeah you should have renewed your license before you came over or got an international driving permit form NRMA. You can drive on that for 12 months.

Divorced !st November 2012.

Married only 2 years 1 month

Filed: AOS (pnd) Country: Australia
Timeline
Posted

Thanks so much everyone for your advice. It seems that I probably won't be able to get my Florida license till after EAD, I don't think that will be anytime soon as I don't even have a biometrics appointment yet. I had thought about renewing my license when i was last in Australia but due to various complications I wasn't able to. I am able to renew my Australian license from overseas though so i will just do that (i was hoping to avoid the additional expense when I will need to change to a US license in a couple months anyway). As far as driving in Florida with a foreign license I think this should be fine. I understand that when you become a Florida resident you are required to change your license within 30 days but i don't think I am considered a resident while AOS is pending.

Filed: Timeline
Posted

EmmaLouise, you're fine to get a Florida license using your NOA. In most cases they will give you a one year license. At renewal time you will bring in your GC and they will give you an 8 year license. I say "most cases" because there was one person on VJ who was just given the 8 year license straight away. You will need your SSN and a couple of pieces of mail addressed to you to prove residency. You will not need to take another exam.... just a vision test. Some people have had their out-of-country licenses taken from them; others have had them clipped; and then others (including myself) were allowed to keep their current license. Just as an FYI.... they have no authority to take or clip your current license as it was not issued by a US government entity. You will get a temporary 30 day paper license until your official license is sent in the mail.

iagree.gif
Filed: AOS (apr) Country: Australia
Timeline
Posted

Thanks so much everyone for your advice. It seems that I probably won't be able to get my Florida license till after EAD, I don't think that will be anytime soon as I don't even have a biometrics appointment yet. I had thought about renewing my license when i was last in Australia but due to various complications I wasn't able to. I am able to renew my Australian license from overseas though so i will just do that (i was hoping to avoid the additional expense when I will need to change to a US license in a couple months anyway). As far as driving in Florida with a foreign license I think this should be fine. I understand that when you become a Florida resident you are required to change your license within 30 days but i don't think I am considered a resident while AOS is pending.

That's funny as I was told your OZ license can't be renewed as you are no longer a resident

Divorced !st November 2012.

Married only 2 years 1 month

Filed: Citizen (apr) Country: Australia
Timeline
Posted

That's funny as I was told your OZ license can't be renewed as you are no longer a resident

VicRoads renewed mine no issue BUT of course I had to give them an address... maybe that's the problem?

Filed: Other Timeline
Posted

Have things changed? I was able to obtain a Florida Drivers License with my I-797c / aka NOA.

Moving from AOS Process to General Immigration Discussion.

Yes,

things have changed, a lot. I was able to get a Florida DL in North Palm Beach with a B2 and an I-94 that was valid for less than 6 months, back in 1986.

She may be able to get one with an EAD, but she doesn't have that either.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: AOS (apr) Country: Australia
Timeline
Posted

VicRoads renewed mine no issue BUT of course I had to give them an address... maybe that's the problem?

MMM mines not due for renewal but I could not change my name or address lol as I don't have an Aussie address anymore so I am just going to have to let it go when it comes time

Divorced !st November 2012.

Married only 2 years 1 month

 
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