Obtaining Drivers License on K-1 Visa

[tpommm 0]

Hi all,

 

I had a question in regards to my fiance obtaining a MA state drivers license when entering the country. Will her Canadian license be valid upon entering the US and if so how long? What will she need to obtain a new drivers license and when? I have been trying to find answers to this, but nothing seems to be clear cut.

 

Thanks in advance for you help

[tpommm 0]

It appears in MA you are not allowed to apply for a drivers license until you have valid immigration status for 12 months. Will my fiances Canadian drivers license be sufficient to drive in the US during this waiting period? 

[Crazy Cat 41,677]

Looks like your fiance can use a Canadian license for up to a year per this source: http://blog.mass.gov/blog/living-in-massachusetts/moving-to-massachusetts-part-2-drivers-licenses-and-motor-vehicle-registration/

[tpommm 0]

1 hour ago, missileman said:

Looks like your fiance can use a Canadian license for up to a year per this source: http://blog.mass.gov/blog/living-in-massachusetts/moving-to-massachusetts-part-2-drivers-licenses-and-motor-vehicle-registration/

Thanks for that! I guess what I am wondering now is there the ability to get a MA state drivers license before the 12 month living period? According to this process her Canada license would be unusable the same day we are able to apply for a new license. Doesn't leave much wiggle room.

[Crazy Cat 41,677]

Just now, tpommm said:

Thanks for that! I guess what I am wondering now is there the ability to get a MA state drivers license before the 12 month living period? According to this process her Canada license would be unusable the same day we are able to apply for a new license. Doesn't leave much wiggle room.

I don't know.  To be honest, I was a little suspicious of the 12 month rule you mentioned until I found it, too.  I didn't see any exceptions.  The applicant must show that he/she legal presence in the US for at least an additional 12 months from application.  In my mind, that immediately eliminates K-1 spouses during AOS......In some states, a valid EAD is sufficient, but I'm not sure that it proves legal status in the US for the next 12 months.

[NikLR 13,227]

I don't see anything on their website about being in MA for a year... 

https://www.mass.gov/guides/massachusetts-identification-id-requirements

 

But it does look like she will need at LEAST her EAD, since those are valid for 1 year. 

 

For U.S. citizens, a valid, unexpired U.S. passport is sufficient proof of lawful presence. U.S. citizens may also provide a certified copy of their U.S. birth certificate.

 

For permanent residents, a valid permanent resident card (green card) is enough.

 

For non-U.S. citizens, you need to provide valid, verifiable immigration documents as well as proof that you've been granted a legal stay in the U.S. for at least 12 months. Your license or ID will expire when your legal stay is over.

 

At least during that time she can be put on a bill or three, open a bank account, etc.. to prove residency. 

Edited July 9, 2018 by NikLR

[NikLR 13,227]

~~moved to moving here and your new life from Canada regional forum.  Question is not Canada specific and applies to all new immigrants to MA~~

[Crazy Cat 41,677]

10 hours ago, NikLR said:

I don't see anything on their website about being in MA for a year... 

https://www.mass.gov/guides/massachusetts-identification-id-requirements

 

But it does look like she will need at LEAST her EAD, since those are valid for 1 year. 

 

For U.S. citizens, a valid, unexpired U.S. passport is sufficient proof of lawful presence. U.S. citizens may also provide a certified copy of their U.S. birth certificate.

 

For permanent residents, a valid permanent resident card (green card) is enough.

 

For non-U.S. citizens, you need to provide valid, verifiable immigration documents as well as proof that you've been granted a legal stay in the U.S. for at least 12 months. Your license or ID will expire when your legal stay is over.

 

At least during that time she can be put on a bill or three, open a bank account, etc.. to prove residency. 

What I saw was the requirement for legal stay in the US for the next year. If an EAD is good for a year, then that seems to be the OP's solution.  In the mean time, she can drive with her Canadian license.....

[tpommm 0]

Thank you both for your help!