Refused CA drivers license

[Hilbill 0]

So, My husband and I went to go get his license in November to which we were informed that he cannot get one until he receives his SSN. We had already requested the SSN we were just waiting to actually get it. So we went yesterday with the SSN and were informed that he cannot get one because it is not more than 60 days until his visa expires!! What the heck! He entered in 10/15 and we went the next week to get his SSN to which we were informed that he will not get it until he is here for 30 days. So even if we got the SSN within 30 days (which we didn't by the way, we had to go in again to request it) we would have to immediately go to the DMV to get his license.

We just purchased another vehicle for him to drive around as our public transportation system is atrocious where I live. Now I have to be his chauffeur until he gets his AOS which can take months to years!! Makes no sense!

Has anybody else experienced this? What can be done? The DMV guy kept saying something about having an extension on the visa but I am pretty sure that is not a possibility for the k-1 visa. I thought about waiting for our NOA1 from our AOS and taking that to our UCSIS office and asking them to give us something so that he can get his license.

Thanks in advance for your help.

[stronger 43]

Are you sure he can't drive? In Georgia where I live, my fiance can drive for up to 1 year on his Turkish drivers license.

[Hilbill 0]

He can drive on his UK license for 90 days but that is only if he is a visitor. Now that he has a residence here he is not allowed to.

[Boiler 44,943]

In CO I could drive on my UK DL, I needed EAD to get my US DL.

[Pabe 2]

I am in the same situation with my license. In California they recognize the EAC as a proof or permanent residence and it usually is sent out before the green card, so I will return to DMV with that when I get it. In a mean while I have been driving with my european license since it seamed like no one at DMV knew what the rules really are (even though I think the info you got is right). And who really knows if I´m still a visitor or not, in worst case they might deny my application. Officially I am not a permanent resident yet since I couldn´t even change my social security card on my married name because I didn´t have enough proof of being a resident. We are in the grey area here...

[NigeriaorBust 4,087]

You have something like 10 days after taking residence in CA to convert your licience ( or stop using your old one ) an older VJ member got stopped right after marrying on a K1 and got a rather expensive ticket.

[Hank_ 9,174]

Have you read what is required by the state?

http://dmv.ca.gov/pubs/hdbk/obtain_dl.htm#app_req

it only list two documents being required to obtain a drivers license; SSN card and a birth certificate.

Also I did not find mention of a 90 day limit:

[/url]Adults Visiting California

Visitors over 18 years old with a valid driver license from their home state or country may drive in California without getting a California driver license as long as their home state license is valid.

http://dmv.ca.gov/pubs/hdbk/ca_dl.htm#adultsvisiting

New Residents

When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days. Residency is established in a variety of ways, including the following:

• Being registered to vote in California elections.
• Paying resident tuition at a California college or university.
• Filing for a home owner's property tax exemption.
• Receiving any other privilege or benefit not ordinarily extended to nonresident

I included links so that maybe you could find where THEY are requiring visa information. Hope this helps.

[Hilbill 0]

Hank_AMY

It states below about the 60 day limit on the I-94.

Examples of other acceptable birth date/legal presence documents are: U.S. Birth Certificate, Proof of Indian Blood Degree, U.S. Passport, U.S. Armed Forces ID Cards, Certificate of Naturalization, Permanent Resident Card, or a foreign passport or Mexican Border Crossing Card with a valid I-94. The I-94 expiration date must be more than 2 months from the DL/ID card application date. A complete list of birth date/ legal presence documents is available online at www.dmv.ca.gov or in the Fast Fact brochure Birth Date and Legal Presence Requirements (FFDL 05).

[perfect 39]

When my son moved here we had the same problem of requiring 60 days validity on the doc we presented - we even went to two different offices to see if the second one would see things differently - they didn't! They do enforce the 60 day rule (see the second section from their website below - they apply this to all immigration legal presence docs!)

Here is the piece you need to see about getting a CADL: (qualifying presence docs for aliens) http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Birth date verification and legal presence requirements

The issue of identification reliability, integrity, and confidentiality is of prime concern to all citizens. Eligibility for government services, issuance of various licenses, assessment of taxes, the right to vote, etc., are all determined through evaluations based on identification documents. It is critical that identification documents be authenticated and accurate in identifying each individual. The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

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.

Only the original or a certified copy of one of the following documents is acceptable:

• US Birth Certificate (certified copy from state or local vital statistics office)
• US Certificate of Birth Abroad or Report of Birth Abroad
• Federal Proof of Indian Blood Degree
• USCIS American Indian Card
• Birth Certificate or passport issued from a US Territory
• US Passport or US Passport Card
• US Military Identification Cards (Active or reserve duty, dependent of a military member, retired member, discharged from service, medical/religious personnel)
• Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
• Certificate of Naturalization or Citizenship
• Northern Mariana Card
• USCIS US Citizen ID Card
• Permanent Resident Card
• Temporary Resident Identification Card
• Canadian Passport/Birth Certificate
• Non-resident Alien Canadian Border Crossing Card
• Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
• "Processed for I-551" stamped in a valid foreign passport

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.

[Hilbill 0]

But the dilema I have is we went in within the alotted time frame of the 60 days and they would not give us one without the SSN in which from my original post we could not get until he was here for 30 days. GRGH! The DMV originally gave us wrong information. Of course!

[Max1gk 68]

He can drive on his UK license for 90 days but that is only if he is a visitor. Now that he has a residence here he is not allowed to.

Hil,

technically he's not a resident until your AOS will be approved (btw It doesn't take years don't worry ). If everything goes smooth the average time for K-1s AOS filers is around 2 months and something. Anyway since he's not a resident at all he should still be allowed to drive up to 90 days

[Hank_ 9,174]

That why I included links to the DMV site as I was not going to do a fine search... just highlighted info from that site.

[Hilbill 0]

That why I included links to the DMV site as I was not going to do a fine search... just highlighted info from that site.

Thanks.

[Boiler 44,943]

But the dilema I have is we went in within the alotted time frame of the 60 days and they would not give us one without the SSN in which from my original post we could not get until he was here for 30 days. GRGH! The DMV originally gave us wrong information. Of course!

Not much point, it would have only run until the K1 expired anyway.

[milimelo 4,418]

Moving to working and traveling during immigration.