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Drivers Permit/License whilst on K1

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I am currently in New Jersey on a K1 Visa (originally from the UK). I did not drive whilst living in the UK. I literally got married yesterday to a US Citizen. Does anybody know if I can apply for a drivers license/permit before my adjustment of status? I do not relish the prospect of having to wait months for my adjustment before being able to drive.

Thanks for your help.

02-18-2009 - I-751 filed (Removal of Conditions)

02-20-2009 - NOA1

03-20-2009 - Biometrics Appointment

03-23-2009 - Touched

06-22-2009 - Removal of Conditions approved (via USPS)

07-01-2009 - Email from USCIS advising of approval

07-06-2009 - Received 10-yr Permanent Resident Card

02-18-2010 - Eligible to file for naturalization

----------------------------------

Disclaimer! Any advice I give is purely informal, and is not legal advice.

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Filed: K-1 Visa Country: Thailand
Timeline
I am currently in New Jersey on a K1 Visa (originally from the UK). I did not drive whilst living in the UK. I literally got married yesterday to a US Citizen. Does anybody know if I can apply for a drivers license/permit before my adjustment of status? I do not relish the prospect of having to wait months for my adjustment before being able to drive.

Thanks for your help.

Yes, you can apply for a drivers license prior to AOS approval.

Here is the link for New Jersey DMV ID requirements:

http://www.state.nj.us/mvc/pdf/Licenses/id..._posterpint.pdf

Good luck

K1 Timeline:

12-22-05 I-129F mailed to CSC

12-27-05 USCIS receives I-129f

01-03-06 NOA1 by mail

03-14-06 NOA2 Case Approved

03-21-06 NVC sent case to BKK

03-27-06 BKK Embassy email "no record of my case"

03-27-06 NVC approval letter rcvd

03-30-06 BKK Embassy confirms case by email

03-31-06 Fiancee Medical passed

04-07-06 Packet 3 rcvd

04-20-06 Packet 4 rcvd

05-26-06 Interview 730am VISA APPROVED!!!

05-30-06 Pick up Visa 3pm

06-16-06 Arrived in USA POE LAX

07-05-06 Applied for SS Card

08-18-06 Married

AOS Timeline:

10-13-06 Mailed AOS packet

10-16-06 AOS rcvd CHI lockbox

10-25-06 AOS Touched

11-04-06 Biometrics Appt

01-09-07 AOS Interview APPROVED!!!

01-10-07 email Welcome letter sent

01-09-07 email AP approved

01-12-07 email EAD approved

01-16-07 Welcome letter rcvd in the mail

01-18-07 EAD card rcvd in the mail

01-23-07 AP approval rcvd in mail

02-05-07 GreenCard in mail

03-07-07 Vacation in Thailand

03-15-07 Traditional Thai wedding

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I have seen this info, however I have also seen the attached link from the NJ MVC website. A K1 visa holder does not fall into any of the listed categories. http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

02-18-2009 - I-751 filed (Removal of Conditions)

02-20-2009 - NOA1

03-20-2009 - Biometrics Appointment

03-23-2009 - Touched

06-22-2009 - Removal of Conditions approved (via USPS)

07-01-2009 - Email from USCIS advising of approval

07-06-2009 - Received 10-yr Permanent Resident Card

02-18-2010 - Eligible to file for naturalization

----------------------------------

Disclaimer! Any advice I give is purely informal, and is not legal advice.

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Filed: AOS (apr) Country: Canada
Timeline
I am currently in New Jersey on a K1 Visa (originally from the UK). I did not drive whilst living in the UK. I literally got married yesterday to a US Citizen. Does anybody know if I can apply for a drivers license/permit before my adjustment of status? I do not relish the prospect of having to wait months for my adjustment before being able to drive.

Thanks for your help.

You can apply for a permit/license before your AOS, but it will have the same expiry date as that of your I-94.

I got an instruction permit from the DMV in November, and it expires at the end of this month. I was ready to take my driving test today and called up the DMV about this, and they said that the only other proof of immigration status they will take, once the I-94 expires, is an approval notice for AOS (I-797) or the actual green card itself. I was so bummed. I guess I'm stuck at home for the next 6 months.

By the way, I'm in Nevada... rules vary by state... but I took a quick look at the New Jersey DMV website before posting this, and it seems like the rules are the same as Nevada. Call and ask to be sure.

I have seen this info, however I have also seen the attached link from the NJ MVC website. A K1 visa holder does not fall into any of the listed categories. http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

Yup, but again, the license/permit will expire when your I-94 expires.

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Filed: K-1 Visa Country: Wales
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I have seen this info, however I have also seen the attached link from the NJ MVC website. A K1 visa holder does not fall into any of the listed categories. http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

You have an Passport and a valid I-94.

So they should give you a license until the expiry of your I-94.

In CO a new non working resident has to wait 90 days before they can apply, so it became a Catch 22.

Needed the EAD.

But I had a UK License so no big deal.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Canada
Timeline
I have seen this info, however I have also seen the attached link from the NJ MVC website. A K1 visa holder does not fall into any of the listed categories. http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

You have an Passport and a valid I-94.

So they should give you a license until the expiry of your I-94.

In CO a new non working resident has to wait 90 days before they can apply, so it became a Catch 22.

Needed the EAD.

But I had a UK License so no big deal.

So they're accepting EAD as proof of immigrant status? Hm, I might have to ask the DMV here... the only other thing I saw that they accepted as proof is the re-entry permit (is this the same as AP by the way?)

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Filed: Country: United Kingdom
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I found this ....

"Arizona will issue temporary driver’s licenses in this situation if there is proof that extension of status has been applied for, while Florida and New Jersey will not issue another license until the actual approval notice is presented."

Thank god i'm gonna be in Arizona!

OUR K-1 VISA JOURNEY

K1 Application

12-01-2006 I-129F sent priority USPS to CSC ... the real journey begins! (Day 1)

12-06-2006 NOA1 (Day 4)

03-05-2007 NOA2 - YAY!! (Day 89))

05-04-2007 INTERVIEW!!!!!! - APPROVED! (Day 149)

05-10-2007 Visa received (Day 155)

05-17-2007 ARRIVED IN PHOENIX (Day 162)

05-25-2007 Applied SSN

06-04-2007 Received SSN in the mail

06-14-2007 Passed driving test and now have my license

07-12-2007 MARRIED

07-24-2007 Changed name with SSA

AOS

05-31-2007 Appointment with Civil Surgeon for I-693A

07-16-2007 AOS sent to Chicago (received 07-18) (Day 1)

07-27-2007 NOA1 date (received 8/1) (Day 9)

07-30-2007 Check cashed (Day 12)

08-14-2007 Biometrics (Day 28)

11-29-2007 INTERVIEW DATE!!!!!! (Day 131) APPROVED

12-11-2007 Greencard Received

ROC

09-01-2009 I-751 sent to VSC (received 09-03) (Day 1)

09-04-2009 NOA Date (received 09-14) (Day 4)

09-08-2009 Check Cashed (Day 8)

10-05-2009 Biometrics @ Jackson MS (received 09-24) (Day 35)

01-08-2010 10 Year Greencard approved

01-19-2010 10 Year Greencard received

glitterfy011155737dkj7.gif glitterfy011545702wxh7.gif

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Filed: AOS (apr) Country: Canada
Timeline
I found this ....

"Arizona will issue temporary driver’s licenses in this situation if there is proof that extension of status has been applied for, while Florida and New Jersey will not issue another license until the actual approval notice is presented."

Thank god i'm gonna be in Arizona!

Lucky you!

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Filed: AOS (pnd) Country: Canada
Timeline

Yeah but, aren't K visas "non-immigrant"? Therefore, couldn't they drive with their Canadian license, for instance, until they can get an American one? After all, other foreign visitors can drive here.

I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

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Yeah but, aren't K visas "non-immigrant"? Therefore, couldn't they drive with their Canadian license, for instance, until they can get an American one? After all, other foreign visitors can drive here.

i'm in Louisiana and that's what the copper told me while he wrote out my ticket :(

k

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Filed: AOS (apr) Country: Canada
Timeline
So they're accepting EAD as proof of immigrant status? Hm, I might have to ask the DMV here... the only other thing I saw that they accepted as proof is the re-entry permit (is this the same as AP by the way?)

AP is not the same as a re-entry permit.. a re-entry permit is what you get when you are a permanent resident and you are out of the US for a substantial period of time... (you must apply for this)

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Filed: K-1 Visa Country: Wales
Timeline
Yeah but, aren't K visas "non-immigrant"? Therefore, couldn't they drive with their Canadian license, for instance, until they can get an American one? After all, other foreign visitors can drive here.

Visa Staus is a Federal Issue, DMV Regulations are State.

I only really looked at in Colorado, the regulations are so badly written it was really impossible to say. But as the Police do not have a clue either, in practice not a problem.

Other States regulations may be more specific.

I would mention that Residency is not a common issue, the definition varies, yet to see one that is common.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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