California Drivers License on K1 visa

[Mp16 0]

My K1 visa has been approved and I am going to USA (California) in few days. I would like to know if anyone tried to obtain drivers license (DL) while on K1 visa. Is it possible to get DL on K1 visa while AOS is pending? What difficulties one could have in obtaining DL? I had lived and studied in US and possess drivers license (expired now) and SSN. What possible impediments could be there for me?

If anyone has gone to DMV for getting the DL while on K1 visa then please share your experience.

[Redlove76 28]

My fiance went and he was told that as soon as his l94 expired his license will also expire.

[Pitaya 2,577]

~Moved from K-1 Process to Moving Here and Your New Life in America Forum~

~Similar topics are often discussed at this forum~

[Kiwinyc 62]

You can get a DL once you have your EAD (which you apply for after marriage at the same time as AOS) you need to have your EAD and SS number when you apply. If you change your name when you apply for AOS be sure to update your SS records so that it matches whatever name your EAD (and GC) will be issued in. You will have to pass both the theory and road test again. (I had to, as my Cali license had been erred too long)

Until then, drive on whatever foreign license you have... Your profile doesn't show what country you're from though.

[Tina and Johan 206]

My fiance went and he was told that as soon as his l94 expired his license will also expire.

^which means that yes, you can get your DL with your I94 (what they replace the K1 with, in terms of documentation), and drive, but that IF you don't get your GC or your EAD before the 194 expires, you will not be able to drive until you have one of those things. I went directly to the DMV to ask since there was speculation on a different thread on this board. People were saying you couldn't get your license in CA until you had your green card, but you can. If your i94 expires before you get your GC, you just don't drive until you have the proper documentation to reinstate your license. It's not a big deal. It'd be like driving on a suspended license. This information comes from TWO different employees. same info from both of them.

[Tina and Johan 206]

You will have to pass both the theory and road test again. (I had to, as my Cali license had been erred too long)

Until then, drive on whatever foreign license you have... Your profile doesn't show what country you're from though.

Kiwinyc, did they take your foreign license, or at least invalidate it, like they do when you come from a different state? My fiance and I debated this for over an hour last night (he says that if he has to take the road test too, that he's keeping his Irish license, and that it should be valid for when we go back and visit; I said WRONG! haha).

[Kiwinyc 62]

Kiwinyc, did they take your foreign license, or at least invalidate it, like they do when you come from a different state? My fiance and I debated this for over an hour last night (he says that if he has to take the road test too, that he's keeping his Irish license, and that it should be valid for when we go back and visit; I said WRONG! haha).

I answered in the other thread but in case you haven't seen it - nope they did not. I'm afraid you are buying dinner! (He will however, have to the full test, including the road test where he will have to reverse into a parking Space and merge and exit from at least one freeway... (OK, it's not difficult))

[bkghosh 121]

My K1 visa has been approved and I am going to USA (California) in few days. I would like to know if anyone tried to obtain drivers license (DL) while on K1 visa. Is it possible to get DL on K1 visa while AOS is pending? What difficulties one could have in obtaining DL? I had lived and studied in US and possess drivers license (expired now) and SSN. What possible impediments could be there for me?

If anyone has gone to DMV for getting the DL while on K1 visa then please share your experience.

The short answer is Yes. In California even people on non-immigrant visa (B1/B2) can apply for and get DL. However, the DL is valid only until the legal stay is valid. The paper I-94 is obsolete now. But at POE they stamp the passport with the duration of valid stay. At the California DMV they will make a copy of the passport and the page with that date and will issue the DL valid until that date. So you will have to go back to show the change in your status to continue your DL.

Make sure to make an online appointment for DMV before you walk in, unless you like mile long lines.

Congratulations on your visa approval.

[bkghosh 121]

Kiwinyc, did they take your foreign license, or at least invalidate it, like they do when you come from a different state? My fiance and I debated this for over an hour last night (he says that if he has to take the road test too, that he's keeping his Irish license, and that it should be valid for when we go back and visit; I said WRONG! haha).

First of all, the California DMV (or for that matter any DMV) does not take away your foreign DL. They do not even take away DL from the other state you moved from. So he is of course allowed to keep his Irish DL.

Secondly, if you move from another state (USA) you will only take the multiple choice written test. It is not so difficult to pass (although I passed on my third attempt as I did not study the DMV handbook). If you move from another country or never had a DL then you take the written test first, at which point you get a Permit (to drive). Then you have to go back and take the road test. I believe you have one year to pass the road test after your pass the written test.

Finally, the CA DMV (and again I am guessing other DMVs will be similar) allows you to drive in CA on a foreign DL or DL from another state (if you are just visiting).

But if you are establishing residence here then you only get 10 days to drive with a foreign or other state DL. By which time you need to get a CA DL.

[markonline1 11]

(He will however, have to the full test, including the road test where he will have to reverse into a parking Space and merge and exit from at least one freeway... (OK, it's not difficult))

I had none of that. I drove round the block and my only manouver was to reverse back in a straight line. To call what I had to do a test is an insult to tests.

I held a license in the UK, not sure if this applies to all countries, but when I passed my written test, I was issued with a temporary license valid for 3 months that gave me full driving entitlement ie, didn't need to have a full license holder in the car with me.

With regard to using the I-94 for getting your licence, don't I remember seeing something along the lines that there need to be at least 60 days left on it to get the license issued?

Edited May 21, 2014 by markonline1

[kmdr 0]

My local DMV refuses to give me anything until the EAD arrives. Regardless of i-94...

[rjm_cmyk 75]

My local DMV said that I could have a DL only for the remaining duration of my I94 and that had to have 60+ days on it otherwise they won't issue. A K1 visa is no use as that expires the moment you do your POE. After that it's the EAD/AP card. She did say I could drive on my full UK licence so I have taken that advice literally <cough>

[Tina and Johan 206]

I answered in the other thread but in case you haven't seen it - nope they did not. I'm afraid you are buying dinner! (He will however, have to the full test, including the road test where he will have to reverse into a parking Space and merge and exit from at least one freeway... (OK, it's not difficult))

I am buying dinner! lol the CA DMV confirmed that yes, he will still have a valid Irish license even with a valid CA license.

[markonline1 11]

My local DMV said that I could have a DL only for the remaining duration of my I94 and that had to have 60+ days on it otherwise they won't issue. A K1 visa is no use as that expires the moment you do your POE. After that it's the EAD/AP card. She did say I could drive on my full UK licence so I have taken that advice literally <cough>

Your local DMV said you could drive on your UK license knowing your circumstances?

I must admit, I did wonder if you are ever stopped and showed your UK license, would the cop A, delve into your circumstances further, and B, if you told him you were a tourist, whether he would even bother trying to establish if you were telling the truth, especially where I am where it's a big tourist area.

[rjm_cmyk 75]

They knew my circumstances - I doubt they understood them though. As a K1 specifically, you are in a DMZ between resident (as defined by the DMV ) and resident as defined by USCIS. You can't establish residency under the DMV rules so you are (arguably) not covered by the 10 day rule but neither are you a visitor so I just don't want to get stopped by the police as they certainly won't understand the nuances of the K1 visa and AOS process....