How to get TX DL or ID as Adjusting K-1

[Marco&Bettina 502]

Searched but the closest thread I could find was: http://www.visajourney.com/forums/topic/282664-how-do-i-get-a-drivers-license-in-texas-on-a-k-1/& it's very dated. Additionally, someone else posted a question that was not responded to in there 4 years ago. That was the last post.

So, I found http://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf. The 2 things that seem to pertain in there are 1) page 3 Applicants for adjustment of status; says Immigration documentation with an alien number or I-94 number. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status. Also 2) page 6 K-1, K-2, K-3, K-4, L-1, L-1A, L-1B, and L-2, ; says Unexpired foreign passport or I -94.

Am I to conclude that in order to get my wife a TX DL, she qualifies under K-1 but it would only be approved until the expiration date of her foreign passport or I-94? Then we have to reapply when we get her I-485 NOA1? Then reapply again when she gets her Permanent Resident Card I-551, according to page 2 under "Lawful Permanent Resident" or EAD, according to page 3 under EAD section?

[Marco&Bettina 502]

Can't edit post & I forgot to add something to my other. The Texas ID Card. Also, not sure how to get that for my wife.

[Hypnos 6,576]

Correct. If she obtains a TX DL or ID card using her K-1 visa then it will only be valid until the expiration date on her I-94. Not sure how long they give you if you present an I-485 receipt NOA as I didn't try that. If you present an EAD as proof of lawful presence then they will give you up until the day your EAD expires.

[StrawberryKiss 170]

She can exchange her German DL with a Texan one! They have a reciprocal program and she must neither re-take the practical nor theoretical test (see bold paragraphs): http://www.txdps.state.tx.us/DriverLicense/movingtotexas.htm

But: When you apply for a Texas DL the first time, you also have to prove that you have been a resident for at least 30 days (besides the proof of legal presence). See: http://www.dps.texas.gov/internetforms/Forms/DL-57.pdf

[Penguin_ie 5,993]

**** Moving from Effects of Major Changes to Moving Here and your New Life forum ******

[Marco&Bettina 502]

She can exchange her German DL with a Texan one! They have a reciprocal program and she must neither re-take the practical nor theoretical test (see bold paragraphs): http://www.txdps.state.tx.us/DriverLicense/movingtotexas.htm

But: When you apply for a Texas DL the first time, you also have to prove that you have been a resident for at least 30 days (besides the proof of legal presence). See: http://www.dps.texas.gov/internetforms/Forms/DL-57.pdf

Thanks for this. So I have a couple of questions that this raises? OK, my wife has already received mail in her name from our financial institution; however, it is just a debit/credit card. Not anything that shows savings or checking account statements or anything. Is that sufficient? Additionally, how long would this license be valid? Or as stated in the post above yours, must we continually reapply for this until she gets her Green Card & then do one final application for the 6-year license?

[StrawberryKiss 170]

I have also received my debit card in the mail, but unfortunately, such undated letters are no real statements as you already mentioned, so I am still waiting on my dated bank statement for my checking account as well. Mine always gets mailed on the 17th business day of the month (using Wells Fargo). And according to the pdf chart, you also need a SSN when applying for a DL.

Based on what I read, it sounds like you will have to re-apply when she gets the EAD or Green Card because her K-1 visa foil in the passport doesn't really count to them. However, due to the reciprocity law, she can use her German DL for a year upon arrival without having to exchange it or apply for a Texan DL immediately.

Applying for just an ID is pretty easy: http://www.txdps.state.tx.us/DriverLicense/applyforID.htm

I got one back when I was an exchange student. Just walked in there, stood in line and filled out/signed some forms. It maybe took 15 mins.

[Darnell 8,478]

if you have EAD card in hand {I-765 fee waived when included with the I-485 set) then it's really easy at the DPS office.

otherwise - they go by the I-94 expiration date.

I say go in for an ID card quickly, even it expires, it's easy to renew - not need 're-apply' - just 'renew' after have EAD in hand.

[Marco&Bettina 502]

Thanks for everyone's info. Guess we will have some decisions to make.

[Marco&Bettina 502]

due to the reciprocity law, she can use her German DL for a year upon arrival without having to exchange it or apply for a Texan DL immediately.

I was unable to find documentation anywhere on a government website about this "year" that you're referring to, except on dmv.com, which clearly states on the top of the page "DMV.com is a privately owned website that is not affiliated with any government agencies." Do you have a source?

Edited January 15, 2015 by Marco&Bettina

[Owen_London 65]

I was unable to find documentation anywhere on a government website about this "year" that you're referring to, except on dmv.com, which clearly states on the top of the page "DMV.com is a privately owned website that is not affiliated with any government agencies." Do you have a source?

License reciprocity allows you to not have to take the knowledge or driving tests, which are very easy. I have no idea where that comment about "1 year" comes from.

http://www.txdps.state.tx.us/driverlicense/movingtotexas.htm

[StrawberryKiss 170]

I was unable to find documentation anywhere on a government website about this "year" that you're referring to, except on dmv.com, which clearly states on the top of the page "DMV.com is a privately owned website that is not affiliated with any government agencies." Do you have a source?

Sorry, I confused it. The "one year rule" only applies to people just staying for up to one year, e.g. exchange students, visitors (didn't get my info from DMV though):

http://www.germany.info/Vertretung/usa/de/03__Konsulate/Boston/03/00/Fuehrerschein__Umschreibung.html

http://www.germany.info/contentblob/4221308/Daten/4214991/Fuehererschein_USA_PDF.pdf

http://usa.angloinfo.com/transport/driving-licences/exchanging-a-licence/

Not sure if it applies to your wife since her first application for a DL would also be tied to her I-94/Non-Immigrant Visa. At any rate, the employees of DPS know about the respective laws that apply and can give you the best advice of what to do. She can definitely exchange her German DL and it's just a matter of time until the dated bank statement arrives in the mail.

[Marco&Bettina 502]

Sorry, I confused it. The "one year rule" only applies to people just staying for up to one year, e.g. exchange students, visitors (didn't get my info from DMV though):

http://www.germany.info/Vertretung/usa/de/03__Konsulate/Boston/03/00/Fuehrerschein__Umschreibung.html

http://www.germany.info/contentblob/4221308/Daten/4214991/Fuehererschein_USA_PDF.pdf

http://usa.angloinfo.com/transport/driving-licences/exchanging-a-licence/

Not sure if it applies to your wife since her first application for a DL would also be tied to her I-94/Non-Immigrant Visa. At any rate, the employees of DPS know about the respective laws that apply and can give you the best advice of what to do. She can definitely exchange her German DL and it's just a matter of time until the dated bank statement arrives in the mail.

K Thanks for the update. I guess later today I'll discuss with her what we want to do. Choices, choices...

[Marco&Bettina 502]

I wanted to update this thread with our recent experiences. My wife & I decided to not get her DL until she gets her EAD, that way she can get 1 year of validity. So, as I still intended for her to have a form of American ID, we decided we would temporarily focus on getting her a TX ID Card.

Hence, on Feb 6, we went to a local TX DPS to do that. They wanted 2 pieces of mail from different sources addressed to her name, between 30 & 90 days old. Since her POE was just Dec 31, she didn't have that. So they allowed me (someone who lives with her) to sign a waiver. So they basically wanted documents from me instead. I didn't have 2 documents on me; only 1. Needless to say, after we burnt 1.5 hours waiting, we got nothing.

So yesterday was Betty's Biometrics. We decided to attempt the TX ID again as well. This time I brought 4 documents, as I'd rather have too many but not enough. I brought a paystub received between 30 & 90 days, 2014 W-2, my current auto-registration & the one that goes into effect on March 1, my current insurance policy. They accepted those. That said, they advised us that her TX ID would only be valid through the date the Visa is valid (essentially the same as the I-94, as the Visa's validity end-date changes once the beneficiary POEs to 90 days after POE), March 30.

So basically we consider it all wasted time, essentially. Once she gets her EAD, we will go back to TX DPS to renew her TX ID for one year & get her TX DL, which will also only be valid for one year. Then when she finally gets her GC, we will renew both to the normal ones (6 years for DL IIRC & 8 years for ID IIRC). I hope this post helps others in TX.

[Owen_London 65]

I wanted to update this thread with our recent experiences. My wife & I decided to not get her DL until she gets her EAD, that way she can get 1 year of validity. So, as I still intended for her to have a form of American ID, we decided we would temporarily focus on getting her a TX ID Card.

Hence, on Feb 6, we went to a local TX DPS to do that. They wanted 2 pieces of mail from different sources addressed to her name, between 30 & 90 days old. Since her POE was just Dec 31, she didn't have that. So they allowed me (someone who lives with her) to sign a waiver. So they basically wanted documents from me instead. I didn't have 2 documents on me; only 1. Needless to say, after we burnt 1.5 hours waiting, we got nothing.

So yesterday was Betty's Biometrics. We decided to attempt the TX ID again as well. This time I brought 4 documents, as I'd rather have too many but not enough. I brought a paystub received between 30 & 90 days, 2014 W-2, my current auto-registration & the one that goes into effect on March 1, my current insurance policy. They accepted those. That said, they advised us that her TX ID would only be valid through the date the Visa is valid (essentially the same as the I-94, as the Visa's validity end-date changes once the beneficiary POEs to 90 days after POE), March 30.

So basically we consider it all wasted time, essentially. Once she gets her EAD, we will go back to TX DPS to renew her TX ID for one year & get her TX DL, which will also only be valid for one year. Then when she finally gets her GC, we will renew both to the normal ones (6 years for DL IIRC & 8 years for ID IIRC). I hope this post helps others in TX.

I think you might be confused on some of this.

I'm not sure why you expected the evidence of residency requirements to be different for the state ID to the state driving license. It's the state ID aspect of the driving license that requires proof of residency. EDIT: Just noticed that the link you were given above about the Texas ID card even specifies that you have to provide proof of state residency and gives you a link to the list of documents you can use for proof.

I'm even more unsure why you would want her to renew her state ID and get a driving license. The state ID is just there for people who need ID but do not drive. Once you have a driving license, the separate state ID is redundant. I doubt you're even allowed to hold both. On top of that, your wife should be able to use her passport for ID for most requirements, though that can't be used to prove state residency.

Edited February 19, 2015 by Owen_London