New Jersey Driving License

[Giz and Mitch 0]

Hello,

My wife recent immigrated from Turkey, Currently she is a K-1 Visa holder. Her visa is not expired yet. we still have many 20 days or so before it does. We want to try to get her a New Jersey driver license. We seem to have fallen into a window when our K-1 Visa will expire to soon and we have not received any info on our AOS (I-485) package.

http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

The link above is for the NJ MVC website and it is the only info i have been able to find about Non-citizen driving licenses. According to these directions I believe she would qualify for a driver license as she is a "Persons with temporary protection from deportation" however when we went to the MVC today they told us they because out K-1 visa was expiring within 31 days we did not qualify. However i do not see any kind of circumstance that say anything about 31 day expiration period.

So do you think the girl at the MVC was just giving me the run around because she didnt know and didnt feel like checking. Or that the online directions are faulty.

I think tomorrow morning we will go back to the MVC with the printed page from the website. Perhaps that will help.

Has anyone else been having any-kind of issues like this?

[Patricklove 0]

Well I took my test and did all that needed to be done a week before my K1 expired.

This is what they said.This is in Michigan not sure for where you are so check.

Hope this helps.

I took the test and passed them all and got the licence all in the time frame.

[newlyweds2010 208]

In the list of non USC authorized to get a DL there is no mention to green card holders. On the other hand, parents of US citizens who entered illegally would be entitled to get a license...some intern must have drafted the language of that website, and no supervisor looked at it. I don't think that "Persons with temporary protection from deportation" applies to you, because that would be people with a temporary stay on their deportation proceeding. Once your wife becomes a LPR, there should be no deportation proceeding against her EVER, not just temporarily.

I can tell you how it works in California: you get a license as long as your I-94 (not your visa, which became invalid the moment your wife was admitted into the US) is valid (i.e. 90 days after entry). Of course it makes no sense to get a license for 90 days. at that point, once you apply for AOS, the DMV wants to see at least an EAD before you are even allowed to take the written test. Bottom line: I didn't drive for about 7 months.

Edited August 23, 2012 by newlyweds2010