California Drivers License

[thai2luv 0]

Hi!

My husband and i went to DMV to get me a california drivers license yesterday and were told that i couldn't get one as my I-94 for my K1 expires January 13, and that i'd need further evidence from immigration that i had extended my stay. We are in the process of submitting the AOS paperwork and want to know when we can expect to get any document that would be sufficient to get a drivers license. Surely we don't have to wait until i have a green card to get the license. I already have a SSN, which was very easy to get.

I was told at DMV that i could continue to drive on my UK license in the meantime but when we went to add me to my husbands insurance (AAA) as his spouse they actually ended up excluding me instead because i don't have a CA license or permit! So now i can't drive at all. Has anyone had similar problems in CA? Any advice?

Thanks

becky

Becky,

The DMV employee is wrong. So long as your I-94 is valid, you may apply for a CA drivers license. I am assuming you have a SSN, passport, and marriage certificate. Print out this link showing the requirements:

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

and bring it with you to the DMV, along with your SSN, valid I-94, passport,and marriage certificate.

You shouldn't have any problem. If the employee is difficult, ask for his/her superior and go from there.

rgds,

California doesn't accept your I-94 if it is going to expire in less than 60 days. It's tough because you need the SS number but if that takes too long you have no chance to get anything fron the DMV.

If you read the link, it says you only need a valid I-94. It does not say anything about expiring in less than sixty days. That would give you about 30 days in total to get a SSN and go to the DMV to get an ID or DL.

Try another DMV office.

Edited November 21, 2006 by thai2luv

[perfect 39]

California DMV offices do strictly enforce the 60 day rule.

See their guide:

"All original and pending driver license or identification cards will expire on the expiration date of legal presence document (I-94/EAD/Green card etc) issued by the Department of Homeland Security (DHS)." they will not issue DL's if you have less than 60 days validity remaining as the DL will expire on the last day of validity - it's not worth their while!

"Your legal presence document must have an expiration date 30 or more days from your application date. If your legal presence document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application." They say this because it can take them that long to process it!

"If your legal presence 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 legal presence documentwith an expiration date of 60 days or more before your driver license or identification card is mailed to you. This is the reason why they just say a 60 day validity must remain on the I-94." Therefore you cannot receive your licence without having 60 days validity remaining on your Legal Presence document - it clearly states that on DMV CA website.

So you can either give them only the original or a certified copy of one of the following documents in order to get a licence:

INS US Citizen ID Card

Permanent Resident 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)

Employment Authorization Card

Permanent Resident Re-entry Permit

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Hope that helps clarify...

Edited November 21, 2006 by perfect

[thai2luv 0]

California DMV offices do strictly enforce the 60 day rule.

See their guide:

"All original and pending driver license or identification cards will expire on the expiration date of legal presence document (I-94/EAD/Green card etc) issued by the Department of Homeland Security (DHS)." they will not issue DL's if you have less than 60 days validity remaining as the DL will expire on the last day of validity - it's not worth their while!

"Your legal presence document must have an expiration date 30 or more days from your application date. If your legal presence document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application." They say this because it can take them that long to process it!

"If your legal presence 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 legal presence documentwith an expiration date of 60 days or more before your driver license or identification card is mailed to you. This is the reason why they just say a 60 day validity must remain on the I-94." Therefore you cannot receive your licence without having 60 days validity remaining on your Legal Presence document - it clearly states that on DMV CA website.

So you can either give them only the original or a certified copy of one of the following documents in order to get a licence:

INS US Citizen ID Card

Permanent Resident 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)

Employment Authorization Card

Permanent Resident Re-entry Permit

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition)

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Hope that helps clarify...

Thanks for the additional details. Every time I come here, I learn something new.