Problem obtaining a driver license.

[VinceN 25]

My wife entered the state at the end of June via her K1, we got married in July. Currently we're in the process of AOS. She has obtained a learner permit when her N-94 was still valid, she tried to get her driver license today and they said they can't do it b/c her N-94 has expired and they have no way of knowing if she's here legally, our offer to show the our marriage certificate did not do anything. Anybody ran into this problem before? If so how did you deal with it?

[Harsh_77 718]

My wife entered the state at the end of June via her K1, we got married in July. Currently we're in the process of AOS. She has obtained a learner permit when her N-94 was still valid, she tried to get her driver license today and they said they can't do it b/c her N-94 has expired and they have no way of knowing if she's here legally, our offer to show the our marriage certificate did not do anything. Anybody ran into this problem before? If so how did you deal with it?

Your marriage certificate does not prove that she is in the country legally. Marriage certificate only proves you two are married.

Since her I-94 is expired she will have to wait to for her AOS process to be complete before she would be able to get a driver’s lic.

She will need her GC for DMV to issue her a DL.

[YOMIFASH 0]

My wife entered the state at the end of June via her K1, we got married in July. Currently we're in the process of AOS. She has obtained a learner permit when her N-94 was still valid, she tried to get her driver license today and they said they can't do it b/c her N-94 has expired and they have no way of knowing if she's here legally, our offer to show the our marriage certificate did not do anything. Anybody ran into this problem before? If so how did you deal with it?

[YOMIFASH 0]

It is rather clumsy. I experienced the same situation in New Jersey MV, I was told to wait till I receive EAD or GC. Take care.

[VinceN 25]

Well that's certainly a bummer thanks everybody for the responses.

[Mozzer1972 7]

Similar issue. My fiance came in April from VN and we married in June. In August, we went to try to get her California ID while we wait for AOS but they said her visa expired. Luckily, we got her SS# early on.

Best of luck to you both.

[Dan_P 5]

Similar issue. My fiance came in April from VN and we married in June. In August, we went to try to get her California ID while we wait for AOS but they said her visa expired. Luckily, we got her SS# early on.

Best of luck to you both.

I think all you need is a valid visa and ssn, right?

[JimVaPhuong 4,863]

I think all you need is a valid visa and ssn, right?

California, like many other states, requires proof of lawful presence. A visa usually isn't proof of lawful presence. The DMV in California will accept an I-94 as proof of lawful presence, but it must have at least 60 days validity remaining on it.

The DMV is required to collect your Social Security number, but you're not required to have a Social Security number if you aren't eligible to get one. An alien who is lawfully present but ineligible for a Social Security number can still get a license to drive.

[Dan_P 5]

California, like many other states, requires proof of lawful presence. A visa usually isn't proof of lawful presence. The DMV in California will accept an I-94 as proof of lawful presence, but it must have at least 60 days validity remaining on it.

The DMV is required to collect your Social Security number, but you're not required to have a Social Security number if you aren't eligible to get one. An alien who is lawfully present but ineligible for a Social Security number can still get a license to drive.

I see. In my case, I did a cr1 so my wife has a passport with i551 with poe stamp, is that and ssn enough to get a CA id or dl?

[JimVaPhuong 4,863]

I see. In my case, I did a cr1 so my wife has a passport with i551 with poe stamp, is that and ssn enough to get a CA id or dl?

Yes, that should do. I'd give you the link to the DMV page that describes the acceptable proof of lawful presence documents but the new DMV site seems to be having problems today.