Obtaining a drivers licence within 3 months of POE? How?

[vross 4]

So my husband Jamaican Driver's Licence expires next month. We went to local DMV to get him an ID and the lady said she can not issue him one regarless that we are married and residing together because she saw in his passport the visa and said she can not issue an ID as its expiring in less than 180 days or something like that. We explained we filed for AOS but she seemed clueless. Anyways, in about 3 months when my husband get EAD he can start work for delivery company, therefore he needs to be able to drive with a valid licence. So, the question is, how can he obtain a legal drivers licence in the USA within the next 3 months?

[newacct 688]

The visa is not relevant; she must be looking at the I-94. In any case, yes, he will probably have to wait until the EAD or GC to get a driver's license.

[vross 4]

I wonder if i just bring his ss# w the address and our marriage certificate w the same address and his drivers licence as 2 forms of ID if they will issue an ID?

[J & L 10]

The visa is not relevant; she must be looking at the I-94. In any case, yes, he will probably have to wait until the EAD or GC to get a driver's license.

Waaait, a person has to wait until their GC to get their licence? Whaaat?

[newacct 688]

Waaait, a person has to wait until their GC to get their licence? Whaaat?

EAD or GC, whichever comes first. Yes, if they don't have any other status that qualifies them for a license in their state.

Many states accept the I-94 for the driver's license (and issue the license for the duration of the I-94). I am not sure whether in the OP's case it's because their state requires the I-94 expiration to be at least 6 months away in order to get a license, or it's because they ran into a DMV person who doesn't understand the rules and made it up themselves. Anyway, since the I-94 duration for K-1 is so short (90 days), it is often the case that people won't be able to get a license using it. (And even if they do, it will expire when the I-94 expires, which will almost certainly be before they get an EAD anyway, so there will have to be a period of time they can't drive.)

[J & L 10]

EAD or GC, whichever comes first. Yes, if they don't have any other status that qualifies them for a license in their state.

Many states accept the I-94 for the driver's license (and issue the license for the duration of the I-94). I am not sure whether in the OP's case it's because their state requires the I-94 expiration to be at least 6 months away in order to get a license, or it's because they ran into a DMV person who doesn't understand the rules and made it up themselves. Anyway, since the I-94 duration for K-1 is so short (90 days), it is often the case that people won't be able to get a license using it. (And even if they do, it will expire when the I-94 expires, which will almost certainly be before they get an EAD anyway, so there will have to be a period of time they can't drive.)

Oh thank you for the useful information. I guess I'd be better off calling/ sending an e-mail/ going to DMV to ask about the rules of my state -when ever the time comes. Someone told me I may be able to use my license for up to 6 months, depending on the state where I'd live, and then I'd have to get a new one over there. It's just confusing and I guess I'd be better off getting one with my EAD. Getting my license for 90 days doesn't seem to be such a useful thing, considering I won't even have a car at the start.

[loladolly 51]

It definitely depends on the State

In illinois for example they don't care about your legal status. I'll have to double check but the lady on the phone said that 2 pieces of evidence that i reside in illinois (such as utility bill, lease etc...) is enough along with SSN, another form of ID such as passport or BC. I have the electricity bill under my name and my name is on the new lease. I already got all of this though because i was living in the US before the K1 and already had a SSN.

However i won't bother with them until i have my GC since illinois allows me to drive on my foreign license for up to a year. I ll get a state ID after i receive EAD to avoid going everywhere with my passport.

I had a license from a different state (Arkansas) when i was on my F1 but unfortuately it expired while i was in France during the K1 process and cannot renew it since i am no longer living there (i wasn't anymore for a while but since it was still valid i never bothered).I hope thanks to that license they don't make me take the written and driving test because i Arkansas they never made me do so. My french license was enough in arkansas while in Illinois it doesn't qualify me to skip the tests so i am counting on my previous US license to skip it...

Edit: so it confirms what everyone says. Each state has its own rule about everything.

Edited July 21, 2013 by loladolly

[Pinkrlion 2,719]

So my husband Jamaican Driver's Licence expires next month. We went to local DMV to get him an ID and the lady said she can not issue him one regarless that we are married and residing together because she saw in his passport the visa and said she can not issue an ID as its expiring in less than 180 days or something like that. We explained we filed for AOS but she seemed clueless. Anyways, in about 3 months when my husband get EAD he can start work for delivery company, therefore he needs to be able to drive with a valid licence. So, the question is, how can he obtain a legal drivers licence in the USA within the next 3 months?

You have to look at your state laws. Most accept the EAD, but he has to take the written exam and the driving skills exam before he is issued a license. Also, you need to check your state laws for required driving hours, etc that need to be completed before taking the skills test.

[Dave&Roza 748]

You have to look at your state laws. Most accept the EAD, but he has to take the written exam and the driving skills exam before he is issued a license. Also, you need to check your state laws for required driving hours, etc that need to be completed before taking the skills test.

I have not heard of them requiring a certain amount of driving time inorder to get an ADULT license. Yes, that is true for a teenage driver. I found it very hard to get my wife help in taking the knowledge test. Most of the driving schools are geared towards the teenage driver and those requirement that they all told me to have her download the driving manual and just read it. I had to go to Washington state to get a driving manual in Russian so she could read it in English and if there was something she did not understand to read it in Russian. Most have worked as she only missed one on the exam. Now she is working with a nice man from Hungary who speaks Russian towards getting ready for the driving test. Of course she has never driven before.

OP: This is very state specific and some times the workers do not know their own rules. I was told that my former state DL was all I needed in order to get a CO DL. The lady looked at my KS DL and told me I needed to come back with my birth certificate. I had waited over 1.5 hours for this. Fortunately I had my US passport worked and I was able to walk out with a new DL. Funny thing is she never asked me for proof that I resided in the state and that is one of thos edocuments listed on the DMV wedsite. So GOOGLE your state's DMV and see what they require in order to get a DL.

I should warn those with international DL's that it is not the ability to drive on the license, but what happens to you when a LEO stops you or you have an accident? Will you be cited for driving without a valid license? Will your car get impounded? Will your insurance cover you? I know for CO that you have 30 days after establishing residency to obtain a CO DL. That can take 6 months of physical presence if you do not qualify under all the items listed. Again each state is different so I would check your state's laws for this.

Dave

[Ozz777 23]

So my husband Jamaican Driver's Licence expires next month. We went to local DMV to get him an ID and the lady said she can not issue him one regarless that we are married and residing together because she saw in his passport the visa and said she can not issue an ID as its expiring in less than 180 days or something like that. We explained we filed for AOS but she seemed clueless. Anyways, in about 3 months when my husband get EAD he can start work for delivery company, therefore he needs to be able to drive with a valid licence. So, the question is, how can he obtain a legal drivers licence in the USA within the next 3 months?

It would help to know what state you are in.

[BeanCamp 28]

From what I have read it is based on the state you live in. I would check with your state RMV office. In our state, as long as there is proof of residency, ID, and valid visa a drivers license can be issued. Check with the state's main RMV office. Those at sattelite office may not be too familiar.

[vross 4]

It would help to know what state you are in.

Im in the state of MAINE

[newacct 688]

Im in the state of MAINE

This page lists the documents they accept. It seems like you will have to wait for the EAD or GC. From the list, I-94 is also accepted; however, at the bottom of the page it says that it will not be issued if the duration is less than 120 days, which it is for K1.

The last item on the list ("Any other documents issued by the United States Department of Justice or Homeland Security, ... which indicates legal presence in the United States.") is kind of open-ended. One might argue that I-485 receipt is an indication of legal presence. I doubt it would work though, especially since the receipt says on it in big letters that it does not grant any status or benefit.

[vross 4]

So I see we have t wait till GC or EAD to get a drivers licence. Can husband take the exam while we wait for this? The job he is being offered is a driving job so he needs his licence asap.

Also as his Jamaican licence expires in 2 weeks. Can he send it to Jamaica t have it renew? I heard he can drive w his Jamaican licence for a few months?

[Harsh_77 718]

As far as I know no he cannot even take the test while he is waiting for EAD or GC.

Also you might want to check with your state even with the Jamaican lic he is only allowed to drive on that for limited time only.