Driving Permit/license in Oregon prior to Green Card

[loughrey101 13]

Hi, I have a few questions about getting a drivers permit under K-1, particularly in Oregon as I imagine sate laws are slightly different. I've been here for just under 3 months and my K1 Visa expires in 7 days. I gotten married within that time and am awaiting my marriage cert so I can begin applying for green car and work permit. My question is do you need have your green card in hand to me entitled to the 2 year permit or can you gain it prior to the green card? DMV told me I need to go to Portland to have immigration them extend my visa so that I can be issued a permit for the length of the extension. Seems a bit silly that the K-1 is still a determining factor long after you get married and apply for a green card, especially when they allow illegal aliens to get their permits without even a passport in hand (I was talking to an illegal Mexican that day and her sister was getting one that day without papers!), that's really counter-intuitive and unfair. I don't see why therefore why it should be an issue whether you get your license just prior to your visa expiring and then possibly going home if illegals can get it anyway. Would make more sense to just give it to the legals to allow them to freely drive to the places they need to go to secure their residency and other essential things that require a car. I'd love to know can you only get a 2 year permit when you actually have the green card in hand (which can take up to 6 months sometimes). If you have to it is silly because they grant you a work permit prior to getting the green card yet you can't really avail of the work permit without being able to drive. If it is as messed up and absurd as it is I home immigration will give me at least 6 months on the visa so I won't have any hassle if their is aa delay with the green card and lose the ability to get myself to work.

[Dave&Roza 748]

Hi, I have a few questions about getting a drivers permit under K-1, particularly in Oregon as I imagine sate laws are slightly different. I've been here for just under 3 months and my K1 Visa expires in 7 days. I gotten married within that time and am awaiting my marriage cert so I can begin applying for green car and work permit. My question is do you need have your green card in hand to me entitled to the 2 year permit or can you gain it prior to the green card? DMV told me I need to go to Portland to have immigration them extend my visa so that I can be issued a permit for the length of the extension. Seems a bit silly that the K-1 is still a determining factor long after you get married and apply for a green card, especially when they allow illegal aliens to get their permits without even a passport in hand (I was talking to an illegal Mexican that day and her sister was getting one that day without papers!), that's really counter-intuitive and unfair. I don't see why therefore why it should be an issue whether you get your license just prior to your visa expiring and then possibly going home if illegals can get it anyway. Would make more sense to just give it to the legals to allow them to freely drive to the places they need to go to secure their residency and other essential things that require a car. I'd love to know can you only get a 2 year permit when you actually have the green card in hand (which can take up to 6 months sometimes). If you have to it is silly because they grant you a work permit prior to getting the green card yet you can't really avail of the work permit without being able to drive. If it is as messed up and absurd as it is I home immigration will give me at least 6 months on the visa so I won't have any hassle if their is aa delay with the green card and lose the ability to get myself to work.

First, the K-1 visa expired the day you entered the US. Your lawful status is determined by the expiration date of the I-94. Most states require some form of lawful status before they issue you a DL. For some the EAD is sufficient, for others it is the I-94 along with the NOA for the AOS and/or passport, and others it is the GC and only the GC. Check out the ID requirement for Oregon here. They will accept the I-797A which we here on VJ call the NOA2. So it looks like you will need your passport and the I-94, but I bet the DL expired when the I-94 does--I did not see anything about the expiration date of the DL, I will leave that as an exercise for the OP.

Good luck,

Dave

[Pitaya 2,577]

~Moved from General Immigration-Related Discussion to Working and Traveling During US Immigration Forum~

~Inquiry involves that phase of AOS process, and is often asked in this forum~

(organizer hat off)

This must be a banner day for dealing with west coast DMV and driver's licenses. Take a look at this similar-themed thread from earlier today from CA:

http://www.visajourney.com/forums/topic/469877-i-94-and-drivers-license/

I wonder if the EAD/AP (I-765/I-131) combo card is valid in OR? It seems that a Permanent Resident Card "Green Card" (I-551) is acceptable. The numbers and letters of the OR-acceptable forms don't seem to match up very well with what we usually encounter (i.e., I-766 and I-765).

Dave&Roza pretty much summed it up. Check out the particular rules and regs for OR DMV in the link they provided. EAD cards and Green Cards seem to be acceptable.

One thing is for sure, these rules and regulations do seem to have a lot of variability depending on the respective State. Perhaps someone from OR, can provide some more information?

Good luck on your immigration journey.

Edited December 10, 2013 by A&B

[Lynkali 163]

DMV told me I need to go to Portland to have immigration them extend my visa [...] I hope immigration will give me at least 6 months on the visa...

No, you can't do anything like you state above. Your visa is null and void, you've used it already to enter the USA. USCIS can't do anything for you in terms of an "extension", so DMV was being, as usual, quite clueless about the immigration process. You can't extend your visa or your I-94 on a K-1.

The other posters have filled you in on possible solutions (getting EAD should be enough, but I can't speak specifically for Oregon). At the very latest you will have to wait for GreenCard, but I do suspect that going back after getting your EAD will be enough.

[sara..... 371]

we live in Oregon.......what DMV told you is correct......but its up to Immigration if they extend your k-1........if you show you have applied for AOS you have a better chance....did you apply for your social security number before you married?

sara

[Portlandia 15]

Hi there! I arrived in Oregon 4 weeks ago, and went to the Portland DMV after getting my social security card / number, as I was having problems opening a bank account without State ID of some sort (ID card / Instruction Permit / Drivers Licence - all have the same status).

You can either get a State ID (saying that you can't drive), or do an online test and get an Instruction Permit (after which you'll need to book and pass a driving test and then you'll get a drivers licence). You cannot "convert" a driving licence from another country.

They asked for:

- Passport as proof of ID

- I-94 printout to confirm that I'm here legally

- Proof of address - they have a long list of acceptable documents - your marriage licence / insurance documents / bank statements / lease / utility bills, or if your husband goes along with you and shows his State ID / Drivers Licence showing your address and confirms that you live there, that's fine too. They have a printout of acceptable documents in the DMV office (well, in the Portland one anyway), but it might also be online.

What I got:

- I chose to get the Instruction Permit so had to do an online test (pretty easy if you've driven before and if you read the manual to make sure you know the local stuff like what to do when there's a school bus and when you can legally put chains on your tyres)

- Paper Instruction Permit (with photo) on the day (which was fine, together with my passport, to open bank accounts and as ID in bars)

- Photo ID card through the post in less than a week

- It is time limited though - it expires in September 2014 - they do check with USCIS online and I guess that's the time they allow for the Adjustment of Status process to be completed? So I'm going to wait to do my driving test until I have my green card, then the licence itself won't have that time limit.

Hope that helps!