Driver's License K1 visa holder

[Mariia 44]

Hi everyone! Ive recently entered the USA (state Maryland) with K1 visa, got married and changed my last name , as well as sent AOS and EAD package. Now Im thinking about getting learners permit and drivers license while waiting for EAD and Green Card. The point is: is it possible to do so if I have my passport and I-94 form with my maiden last name on them, Social Security card is already with a new last name, and we do have marriage certificate , proving last name changed? 

 

P.S. Recently tried to get ID , MVA told us that it is impossible until all my documents match by the same last name, so I'll be able to do it only after getting my EAD with new last name on it. Is is the same process wit Drivers License ? Thank you 

Edited May 7, 2018 by Mariia

[Roel 7,192]

You probably won't be allowed to get a driving license without EAD or Green Card anyway.  Depends on the state.

Look like for Maryland you need to have actual Green Card to apply for the driving license:

 

Prove your age and identity, with documents such as:

• Original or certified copy of your birth certificate.
• Valid U.S. passport.
• Valid permanent resident card.

[Sarah&Facundo 595]

Actually I came here to ask something similar. My husband wants to know if he can get a permit while waiting for his EAD/AP while waiting for his AOS to come through in NJ. I'll be following your post!

[Roel 7,192]

3 minutes ago, Sarah&Facundo said:

Actually I came here to ask something similar. My husband wants to know if he can get a permit while waiting for his EAD/AP while waiting for his AOS to come through in NJ. I'll be following your post!

Looks like for NJ he needs either EAD or Green Card to apply for the driving license.

Seriously, all that info is on the DMV websites...

[Crazy Cat 41,894]

Of course every state has its own requirements, but in Texas, you must provide proof of legal presence in the US and a Social Security card.

[Sarah&Facundo 595]

1 hour ago, Roel said:

Looks like for NJ he needs either EAD or Green Card to apply for the driving license.

Seriously, all that info is on the DMV websites...

I've been looking and it is pretty ambiguous. First of all, he wants a permit not a license so it may require something different. Second, I see they have the categories for what non-citizens need. It doesn't include spouses so I am not sure at which stage he can apply. 

[geowrian 22,337]

A drivers license, state ID, driving permit, etc. are issued by the state and one must meet the state's requirements to obtain them. The answer to what works with MD won't have any impact to the answer on what NJ requires.

It would make no logical sense (not that a lack of sense ever stopped a government agency) to per somebody to get a permit but not be able to obtain a license afterwards.

Being a spouse of a USC has no special benefits.

 

For MD, you can either obtain a REAL ID compliant license or a non-compliant license, based on your circumstances. Generally, a K-1 entrant would go for the REAL ID one (the non-compliant one requires 2 years of state income taxes plus evidence of residency).

For a REAL ID compliant license, this page lists the requirements: https://www.dmv.org/md-maryland/apply-license.php

There is a guide to the necessary documents here as well: http://license.mva.maryland.gov/CheckList/default.aspx

The guide seems to imply that either an EAD or the I-485's NOA1 should be sufficient to show legal presence.

Edited May 7, 2018 by geowrian

[yuna628 9,677]

You will not be able to obtain anything without your EAD and the other required documentation that the MD DMV requires.

If you already know how to drive and do have a foreign license you can bypass around the learners permit phase and go straight to taking the tests, otherwise you'll be starting out fresh. The process for MD is lengthy for new drivers. Make sure you have all required items before showing up to the DMV, and study the info on the website carefully.

[Roel 7,192]

22 minutes ago, Sarah&Facundo said:

I've been looking and it is pretty ambiguous. First of all, he wants a permit not a license so it may require something different. Second, I see they have the categories for what non-citizens need. It doesn't include spouses so I am not sure at which stage he can apply. 

Being the spouse of USC doesn't give you any advantage like that. The permit and license requirements are the same pretty much. 

 

And depending on the state you either need EAD or Green card. Some States only allow Green card. 

[Sarah&Facundo 595]

1 minute ago, Roel said:

Being the spouse of USC doesn't give you any advantage like that. The permit and license requirements are the same pretty much. 

 

And depending on the state you either need EAD or Green card. Some States only allow Green card. 

Of course there is no advantage. But it doesn't state at what stage of this he can apply on their website. 

[Roel 7,192]

Just now, Sarah&Facundo said:

Of course there is no advantage. But it doesn't state at what stage of this he can apply on their website. 

I found it and it says he needs at least EAD.. 

[TBoneTX 45,324]

Thread is moved from the K-1 Case Progress subforum to the Moving to the US forum.

Edited May 7, 2018 by TBoneTX

[Sarah&Facundo 595]

4 minutes ago, Roel said:

I found it and it says he needs at least EAD.. 

Really?! where do you see that? 

[TBoneTX 45,324]

Google is your friend...

[S*UK 543]

Been here since last Nov. I still can't get a DL here in NC because my visa is expired and I don't yet have EAD or green card. Unfortunately in most states it's just another sacrifice you have to make to be with your loved one.