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Mariia

Driver's License K1 visa holder

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Filed: K-1 Visa Country: Philippines
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4 hours ago, Mariia said:

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 

Why can't you just show them your marriage license? Doesn't make sense, my wife was able to get a State ID soon after we got married without any problem. But I'm in Washington state. 

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I'm in Virginia and even having troubles getting a DL having the EAD in hand.
The DMV requires a status of legal presence, which we actually don't have until we get a green card.
I hope I can bypass that somehow with the pending AOS. Working on that right now.

You have to look up the "new residents" section on the DMV page. Not being a citizen is not the same for married to a USC or other statuses, since there are different rules for non citizens like au pairs, workers etc.

Here's the page. It states you need a GC!

https://www.dmv.org/md-maryland/apply-license.php

Edited by TearsOfBabylon
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Filed: K-1 Visa Country: Ukraine
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1 hour ago, javadown2 said:

Why can't you just show them your marriage license? Doesn't make sense, my wife was able to get a State ID soon after we got married without any problem. But I'm in Washington state. 

That's what we did when applying for ID , they told us that as long as at least one document has my maiden name on it, it won't work

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2 hours ago, TearsOfBabylon said:

I'm in Virginia and even having troubles getting a DL having the EAD in hand.
The DMV requires a status of legal presence, which we actually don't have until we get a green card.
I hope I can bypass that somehow with the pending AOS. Working on that right now.

You have to look up the "new residents" section on the DMV page. Not being a citizen is not the same for married to a USC or other statuses, since there are different rules for non citizens like au pairs, workers etc.

Here's the page. It states you need a GC!

https://www.dmv.org/md-maryland/apply-license.php

 

Oh okay! That was super helpful. Thanks! So when they say "temporary visa status" is needed, do they mean the EAD or can it be his NOA1 from the AOS.

Edited by Sarah&Facundo
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Filed: Other Timeline
8 hours 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. 

Not correct.  The requirements vary significantly from state to state; some even allow undocumented immigrants to have license.

Here (MN) my stepson arrived 27 July and got his learner's permit as soon as he passed the written test.  His only ID was his Philippine passport with a K-2 visa in it.

His learner's permit was suspended 29 September, which was the nominal expiration date on his K-2 visa.

In November his EAD arrived and his learner's permit was re-instated.

He now has a driver's license and EAD.

We are still waiting for the Green Card interviews. 

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2 hours ago, Sarah&Facundo said:

 

Oh okay! That was super helpful. Thanks! So when they say "temporary visa status" is needed, do they mean the EAD or can it be his NOA1 from the AOS.

I can't speak for Maryland. My knowledge is from Virginia and from other people in different states, which I'm in touch with.

You can try going to the DMV and ask for a DL as long as your I-94 (admission that you got when entering with the K1) is NOT expired. That's what they mean with temporary visa status (in our case... ).
I, for example, got no DL when I tried that, because my I-94 was valid less than 30 days. But that is Virginia...

MOST people get a DL then which is valid as long as the I-94 is. Then they can't drive again until they receive their combocard and request an extension, bringing their EAD/AP and the NOA1 for AOS!

But that is not guaranteed, since we all are still technically not in a legal status.
Some states require having a Greencard to get a DL. It looks like Maryland is one of those.

All you can do is try!

Good Luck!

Edited by TearsOfBabylon
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4 minutes ago, Mike V said:

Not correct.  The requirements vary significantly from state to state; some even allow undocumented immigrants to have license.

 

Indeed. Utah for example has such an option.

I know one person in CO, who got a 5 year DL just by showing the NOA1 for AOS.

But MOST states are way more tricky when it comes to a DL.

OP should try and see.

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2 hours ago, Sarah&Facundo said:

 

Oh okay! That was super helpful. Thanks! So when they say "temporary visa status" is needed, do they mean the EAD or can it be his NOA1 from the AOS.

Click through to the actual Maryland web site info.  "dmv.org" is just a 3rd-party company that provides info & sells stuff.

Maryland's actual web page states that an unexpired EAD will suffice:  http://license.mva.maryland.gov/checklist/checklist.aspx

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23 hours 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...

For NJ you don't. You need at least 60 days left on your I-94; then you can get a license with the K1 - that is how I got my first one. It was valid for 6 months. I renewed once the GC showed up - got it for the duration of the 2year GC + 3 months, recently renewed it again with the I-751 Notice of Action as my 2 year GC has expired - this time they gave it to me until the expiration of 1 year extension letter.

Edited by TabeaK

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
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Filed: Citizen (apr) Country: Venezuela
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In Florida they told me I needed at least my EAD a few years ago

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On 5/7/2018 at 10:15 AM, Mariia said:

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 

I got my learner’s permit here in Maryland last week but it will be valid until the expiration of the I-94 Form.

 

Just bring the your passport, I-94 form, Original SSN card and 2 bills under your name. You might be told to come back after they verify your case with the USCIS before you can take the learner’s permit test. It’s a 25 item test and you’re only allowed 4 mistakes. If you fail the first time, you will be told to come back the next day. They will give you a temporary receipt until they send out your Learner’s Permit ID card, it took a week to get it in the mail. Here in Maryland, you have to attend a 36 hours drivers’ Ed with 14 hrs of behind the wheel experience and you have to log it on a booklet. When you have accomplished all of this, they will let you take the driving test. If you pass the test, you will be given a provisional driver’s license and must not have any moving violation for 18 months before they will automatically give you the Full Driver’s License in the mail.

 

P.S. You might need to wait for the EAD to get the Provisional Driver’s ID for Rookie Drivers only. For people with Drivers ID from their home country, they have to wait for their EAD to get a Driver’s License after they take the computer based exam and driving test. 

 

You cannot change your name to your married name, MVA would require you to go to Social Security for the name change. Social Security in Maryland would need an EAD for them to do the name change. There were a lot of K1 filers who went to the Social Security in my area that were turned away because they got married before getting a SSN.

Edited by msscarlette

 

 

 

 

 

 

 

 

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20 hours ago, javadown2 said:

Why can't you just show them your marriage license? Doesn't make sense, my wife was able to get a State ID soon after we got married without any problem. But I'm in Washington state. 

The marriage license isn't enough for MD. That's not going to show proof of status... which is the real reason why they aren't going to give out a license or ID, unless the OP has the EAD. Going with just an I-94 as well is only going to give them a temporary ID or license that is valid only until the I-94 expires, making it completely useless. OP is also going to need the correct name on a piece of mail, like a bank statement too.

 

 

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
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NVC sent: 5/19/15 - London received/ready: 5/26/15
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Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

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NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

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Filed: K-1 Visa Country: Ukraine
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12 minutes ago, msscarlette said:

I got my learner’s permit here in Maryland last week but it will be valid until the expiration of the I-94 Form.

 

Just bring the your passport, I-94 form, Original SSN card and 2 bills under your name. You might be told to come back after they verify your case with the USCIS before you can take the learner’s permit test. It’s a 25 item test and you’re only allowed 4 mistakes. If you fail the first time, you will be told to come back the next day. They will give you a temporary receipt until they send out your Learner’s Permit ID card, it took a week to get it in the mail. Here in Maryland, you have to attend a 36 hours drivers’ Ed with 14 hrs of behind the wheel experience and you have to log it on a booklet. When you have accomplished all of this, they will let you take the driving test. If you pass the test, you will be given a provisional driver’s license and must not have any moving violation for 18 months before they will automatically give you the Full Driver’s License in the mail.

 

P.S. You might need to wait for the EAD to get the Provisional Driver’s ID for Rookie Drivers only. For people with Drivers ID from their home country, they have to wait for their EAD to get a Driver’s License after they take the computer based exam and driving test. 

Did you get your permit with your last name changed?

Edited by Mariia
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Just now, Mariia said:

Did you get your permit with your last mane changed?

Nope, MVA used my maiden name. They will do the name change based on your SS card. When the EAD arrives, I have to go to Social Security for the name change and then go to the MVA when I receive the new SS card with my married name on it.

 

 

 

 

 

 

 

 

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