Re: Driver's License / AOS

[mikey and lizzie 0]

Hi guys! Just wanted to know if there is someone here who have the similar situation... I passed my Learner's permit at DMV but they would not release it because my I-94 has expired. People at DMV advised me to extend my visa (k1 visa), which is I think impossible. Still, I am already gathering the requirements for my AOS and I am scheduled to see a Civil Surgeon next week to sign my I-693. I just need some input guys. Thank you!

[didopage 337]

The requirements depend on which state you live in. Usually, you can't have a driver's license if your I-94 is expired and you have to wait for your EAD or green card, whichever comes first.

[Canerican 242]

What state are you in? If you check the DMV website it should tell you. For me I could have received a DL before getting married with my I-94, but then I would have had to pay renewal fees after it expired so we waited till I had the NOA1 to show the DMV. When I went in took the regular stuff with the visa and the NOA1 for the AOS. Was able to get a Learner's permit, my state is VT.

[fancygirl 1]

We are going through the same thing. My husband took the test passed it and had an unexpired i 94, had his ss#, they would not give him the license and said he needed a letter saying he was adjusting his status. So we started the adjustment of status, got the letter in the mail and went back, took the test again and then they said No he could not have the license because his i94 expired. We said the AOS letter extents his legal status in the US for a year. Now they say he needs the EAD or the green card or a letter from the USCIS which we have been trying to get. What a run around. He does have an international licence and I called the State Patrol and they said he could drive with that and I did get insurance for him so that is what we are doing now. What a run around!!

[Harsh_77 718]

It would depend on which state you are in..... most states do not issue a DL without a valid i-94, EAD or GC or valid Visa.

Rules for DL have changed in past couple years, most states are not issuing a DL without a confirmed status in US. As above poster said even the letter with AOS pending or letter that shows applicant has applied for visa extension are not accepted, since the decision can go either ways.

[CristiFur 15]

Were here in California and my wife could not get learners permit until we got her temporary green card. They told us we could get one but would expire when the I-94 expires so we just decided to wait for AOS to be completed. After receiving her Green Card the next day we went and took the learners permit (passed). And after 3 months took her behind the wheel for a driver license and she passed, . So I reckon you get your AOS ASAP so you can start to practice. Good luck!

[Andrea&Henry 311]

For what I know there is no such a thing like extend a k1 visa. This visa becomes invalid once you step in the US. You need to do the AOS in order to get the DL. I actually got mine with my EAD abd even then, the DMV gave me a paper and I've to wait 2 month to receive it in the mail. At least I could drive with the paper they gave me.

[KayDeeCee 4,893]

The K-1 visa is null and void the moment you use it to enter the US. You cannot and do not extend it. People that do not know about immigration should try and give you immigration advice. You most likely need to wait for your EAD. That is how it is in most states.

[bigdog 376]

Most likely you will have to wait till you get either your EAD or green card. I forced my wife to get her social two weeks after arrival (VJ guides), then DMV- learners and license before the K-1 expiration date. Lucky she already drove in China a Buick, Shanghai.

[mikey and lizzie 0]

Thanks for the replies guys... It is really a runaround I am in New York state and I have begun gathering all the paperwork for my AOS.. Is there anybody here who lives in NY? How long does it take to get the driver's license here, I have heard that some takes as long as 6mos???! Thanks for the input!

[felo391971 4]

In New Jersey if your visa is 6 months close to expire they wont let you take the Permit test . They can care less if you have the 1 year extension letter .

That is what they told me as i take a day off at work and drive to the DMV for my wife .

I could understand about expire or about tho expire visas however if the extension letter is present w. documentation they should allow the Immigrant to take the test and issue the ID .

Is madness if you ask me .

Good Luck

F