Driver's license when AOS is pending

[Em Z 3]

I was able to do it with an EAD. Went to apply for an SSN then went for a DL.

The thing that was a pain in the butt though, was that it was only valid for as long as the EAD was valid for. In my case... a year. After that, I had gotten my AOS and went to renew, and that was also another year on my DL, so now that I'm applying for ROC, I need to renew my DL yet again!

[Harsh_77 718]

It would vary from state to state but my guess is most state would not accept pending AOS as a status when issuing a DL.

Most of the state now would only allow the DL validity to the date you are legally allowed in US, with pending AOS they would not be able to have that date and second DMV does not know if your AOS is going to be approved or rejected.

[Hagrid 22]

You need to get your EAD or GC. Once you get it, go get your SS card. Then you should be able to get your drivers license. Your EAD will come probably first.

[nictillster 1]

We got DL under i94 expires when visa expires in Florida received SS after. However our DMV was very knowledgable. Will be interesting to see if they will renew upon AOS pending - will update with results...as we learn. :-)

[Hypnos 6,578]

If you filed I-765 then you should receive your EAD in 2-3 months. With EAD you can apply for SS#. And only then you can apply for DL. Check with your state thought. Different states have different requirements, but that seems to be scenario in many states.

This is not the case in Washington State. They are one of two states (along with New Mexico) that do not require you to show legal presence or have a social security number in order to obtain a licence.

[Princess&Brit 7]

Found out today that UTAH it can be done! The State will issue a " limited term driver's licence" if you have no SSN . . (there's always a 'but' and here it is) providing you can show at least 2 proofs of residence (bills credit card or bank statement etc cell pphone bill no good ) your EAD or current passport plus proof of legal presence in the USA such as any letters stating your immigration is pending ( NOA letter did it for me) . . go along to your local social security office with all this (the EAD plus the rest of what is acceptable shown above) and the SS office can issue a covering letter indicating ineligibility to obtain a SSN as a result of your legal status i.e. pending green card . . then it's back to the driver's licence department and once armed with that letter from the Social Security you can start the process for obtaining a licence . . may work this way in other states too.

[discoverusa 284]

This is not the case in Washington State. They are one of two states (along with New Mexico) that do not require you to show legal presence or have a social security number in order to obtain a licence.

That's even better. Less paperwork to worry about.

[Pitaya 2,577]

Follow Hypnos advice (from someone who lives in Washington state and has recently helped my K-1 wife get her Washington state driver's license).

Edited August 1, 2013 by A&B

[discoverusa 284]

Found out today that UTAH it can be done! The State will issue a " limited term driver's licence" if you have no SSN . . (there's always a 'but' and here it is) providing you can show at least 2 proofs of residence (bills credit card or bank statement etc cell pphone bill no good ) your EAD or current passport plus proof of legal presence in the USA such as any letters stating your immigration is pending ( NOA letter did it for me) . . go along to your local social security office with all this (the EAD plus the rest of what is acceptable shown above) and the SS office can issue a covering letter indicating ineligibility to obtain a SSN as a result of your legal status i.e. pending green card . . then it's back to the driver's licence department and once armed with that letter from the Social Security you can start the process for obtaining a licence . . may work this way in other states too.

I was able to apply and receive SS# with just EAD and my foreign passport.

Click at the link - SS# for noncitizens:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/377

[Hagrid 22]

Found out today that UTAH it can be done! The State will issue a " limited term driver's licence" if you have no SSN . . (there's always a 'but' and here it is) providing you can show at least 2 proofs of residence (bills credit card or bank statement etc cell pphone bill no good ) your EAD or current passport plus proof of legal presence in the USA such as any letters stating your immigration is pending ( NOA letter did it for me) . . go along to your local social security office with all this (the EAD plus the rest of what is acceptable shown above) and the SS office can issue a covering letter indicating ineligibility to obtain a SSN as a result of your legal status i.e. pending green card . . then it's back to the driver's licence department and once armed with that letter from the Social Security you can start the process for obtaining a licence . . may work this way in other states too.

We live in Utah Actually what you say it's not true: The EAD plus the rest of what is acceptable. If you have the EAD you can obtain a SSN so no need to get that letter because there is no ineligibility. So with you EAD, you get your ssn then you get your drivers license at the DMV

So, if you get EAD, you get SSN

Good luck on your journey!

Edited August 3, 2013 by Juan L

[markonline1 11]

Living in California, the whole driving thing has been particularly frustrating. I was only able to drive with my UK license for the first 10 days which drove me up the wall. Then I had to wait until I had official government issued photo ID, which turned out to be my EAD. Then it was the written test to be followed by a behind the wheel test. Flew through the written test, but couldn't schedule a behind the wheel test still September. However, because I had a UK license, rather than being issued with a learners permit, which I was expecting, I was given a full temporary license, which means I now can drive alone! Hurrah!! I didn't even know these temporary licenses existed.

[FinTex 0]

Here is my story of the DMV:

After arriving to US I got my SSN as soon as possible. Everything there went perfect no problems.

Once I had the SSN I went to DMV to get my DL. First of all they didn't recognize my European Driver's License. I needed to do all the tests: Eyesight, Written tests (40 Questions in total done in a boot in the DMV) and then the Driving test. This needed to be done in two different occasions, Eyesight and Written tests in one location and then reserve a time for the Driving test for about 2 weeks after. After passing all of them they gave me a paper that stated it was my Temporary license. It was valid for as long as my I-94/K-1 was valid. The person in the DMV stated that after I send in my I-485 for AOS, I would have to return with the I-797 received from USCIS to get a 1 year license.

Finally the day came when I received the I-797c for the AOS and went back to the DMV. First person in there stated that I would have needed to bring in my I-797 for the I-130. This clerk didn't want to even talk with me about how I don't need that as I already have K-1 through I-129F and I had the I-797 from that application process. So I went back later got a different clerk who then showed me their requirement list: Passport or other identification paper then I-797 from I-130/I-140 OR K-1 Visa OR I-797 from I-485 application. After this their guidelines stated that this allows for 1 year license. Yet still even as I provided all the documents and paperwork they took some other phrase from the same Intranet page that only described what I-485 was and Denied the 1 Year extension to the license. After asking how do they even then think people can work and live here while the process is ongoing they just shrugged their shoulders. Eventually they agreed to give me a 60 day extension on the DL and told that once my EAD comes back try to extend the DL again.

I hope this helps others, but as I have read from other places it seems that there is no understanding how this process works and seems there are multiple outcomes based on the clerk handling the case while in DMV.

[Harsh_77 718]

Here is my story of the DMV:

After arriving to US I got my SSN as soon as possible. Everything there went perfect no problems.

Once I had the SSN I went to DMV to get my DL. First of all they didn't recognize my European Driver's License. I needed to do all the tests: Eyesight, Written tests (40 Questions in total done in a boot in the DMV) and then the Driving test. This needed to be done in two different occasions, Eyesight and Written tests in one location and then reserve a time for the Driving test for about 2 weeks after. After passing all of them they gave me a paper that stated it was my Temporary license. It was valid for as long as my I-94/K-1 was valid. The person in the DMV stated that after I send in my I-485 for AOS, I would have to return with the I-797 received from USCIS to get a 1 year license.

Finally the day came when I received the I-797c for the AOS and went back to the DMV. First person in there stated that I would have needed to bring in my I-797 for the I-130. This clerk didn't want to even talk with me about how I don't need that as I already have K-1 through I-129F and I had the I-797 from that application process. So I went back later got a different clerk who then showed me their requirement list: Passport or other identification paper then I-797 from I-130/I-140 OR K-1 Visa OR I-797 from I-485 application. After this their guidelines stated that this allows for 1 year license. Yet still even as I provided all the documents and paperwork they took some other phrase from the same Intranet page that only described what I-485 was and Denied the 1 Year extension to the license. After asking how do they even then think people can work and live here while the process is ongoing they just shrugged their shoulders. Eventually they agreed to give me a 60 day extension on the DL and told that once my EAD comes back try to extend the DL again.

I hope this helps others, but as I have read from other places it seems that there is no understanding how this process works and seems there are multiple outcomes based on the clerk handling the case while in DMV.

There will be different outcome as the DL laws are different from state to state and it would depend on clerk too.