Issues with driver's license?

[Brittani 484]

My now husband came here on a K1 Visa in July. We got married August 8th. We went to the DDS closest to us and he applied for a driving license. We waited to have all our ducks in a row. We brought our marriage certificate, his social security card, passport, I-94, etc. He took the written and driving test and passed. They issued a paper temp license that expires in October and said the hard copy would be mailed to him within 30 days. It's been 3 weeks so I called them (since I got my renewal with married name within 10 days) and the girl told me he had to go back in with his immigration documents once they are 6 months old. I asked every way possible because that made absolutely no sense to me since they already issued him one. Plus his immigration documents will be expired since he came in July? We can take the NOA for AOS and everything we have but just doesn't make sense. Has anyone experienced this tomfoolery? We're going back to the office once 30 days is up since technically they say wait 30days.

[TNJ17 1,329]

What they did is correct. Some states will allow the immigrant a temporary license until I-94 expires. Once that’s expired you can no longer get one. Some offices accept AOS NOA but the majority doesn’t. It sounds like yours doesn’t. Most states won’t issue the immigrant a license until EAD. You have to wait for his EAD to come in and get the new license now. It sucks but that’s reality. 

[Brittani 484]

3 minutes ago, TNJ17 said:

What they did is correct. Some states will allow the immigrant a temporary license until I-94 expires. Once that’s expired you can no longer get one. Some offices accept AOS NOA but the majority doesn’t. It sounds like yours doesn’t. Most states won’t issue the immigrant a license until EAD. You have to wait for his EAD to come in and get the new license now. It sucks but that’s reality. 

I mean that's fine because his UK license is valid so he can legally drive but my state's law is get a license if you live here more than 30 days. We were just trying to do what we thought we were suppose to. Not sure why they even issued it if it has to be done for EAD.

[Ontarkie 14,218]

~~Moved to Moving Here and YOur New Life, from K1 P&P - this is not a k1 process question and is better suited for this forum.~~

[Ontarkie 14,218]

5 minutes ago, Brittani said:

I mean that's fine because his UK license is valid so he can legally drive but my state's law is get a license if you live here more than 30 days. We were just trying to do what we thought we were suppose to. Not sure why they even issued it if it has to be done for EAD.

He needs to wait for the EAD some states the actual GC. But he cannot drive on his UK license. He is a resident of California and will be ticketed if caught, his UK license is only good if he was visiting. So no driving at all without the State license. 

Edited September 6, 2018 by Ontarkie

[TNJ17 1,329]

6 minutes ago, Brittani said:

I mean that's fine because his UK license is valid so he can legally drive but my state's law is get a license if you live here more than 30 days. We were just trying to do what we thought we were suppose to. Not sure why they even issued it if it has to be done for EAD.

Yeah. And you did the right thing. I’m surprised he got a temp one. I haven’t heard anyone on here saying they actually got one just that some states allow it. It took me two trips to the dmv and hours of waiting for them to tell me I have to wait for EAD even if my I-94 was still valid and I had AOS NOA. But like your case my international is still valid so no biggie. Just have him carry passport and NOA copy whenever he drives in cases he gets pulled over. 

[Lemonslice 4,836]

29 minutes ago, TNJ17 said:

Yeah. And you did the right thing. I’m surprised he got a temp one. I haven’t heard anyone on here saying they actually got one just that some states allow it. It took me two trips to the dmv and hours of waiting for them to tell me I have to wait for EAD even if my I-94 was still valid and I had AOS NOA. But like your case my international is still valid so no biggie. Just have him carry passport and NOA copy whenever he drives in cases he gets pulled over. 

Bolded is incorrect for California residents.

[Brittani 484]

I must have had a typo. I don’t live in CA I live in GA. I also work in law enforcement and know he is allowed to drive with a valid UK license but thanks for the advice. I told him we will just continue to renew his temp until he gets his EAD. It’s not that big of a deal I just wish the ladies at the DMV were more educated on this process.

[Wuozopo 4,293]

1 hour ago, Brittani said:

My now husband came here on a K1 Visa in July. We got married August 8th. We went to the DDS closest to us and he applied for a driving license. We waited to have all our ducks in a row. We brought our marriage certificate, his social security card, passport, I-94, etc. He took the written and driving test and passed. They issued a paper temp license that expires in October and said the hard copy would be mailed to him within 30 days. It's been 3 weeks so I called them (since I got my renewal with married name within 10 days) and the girl told me he had to go back in with his immigration documents once they are 6 months old. I asked every way possible because that made absolutely no sense to me since they already issued him one. Plus his immigration documents will be expired since he came in July? We can take the NOA for AOS and everything we have but just doesn't make sense. Has anyone experienced this tomfoolery? We're going back to the office once 30 days is up since technically they say wait 30days.

Their website (Georgia) says--

 

Non-Citizens Driver’s License, Permit or Identification Card One-Time Extension

The Department of Driver Services provides a one-time 120-day extension for any non-citizen who meets the following requirements:

• Must be an existing DDS customer.
• The Georgia license, permit or Identification card must have expired or must be expiring within thirty (30) days.
• Must provide proof of having requested an extension for time to remain lawfully within the United States by presenting an original I-797C Notice of Action.

[Brittani 484]

25 minutes ago, Wuozopo said:

Their website (Georgia) says--

 

Non-Citizens Driver’s License, Permit or Identification Card One-Time Extension

The Department of Driver Services provides a one-time 120-day extension for any non-citizen who meets the following requirements:

• Must be an existing DDS customer.
• The Georgia license, permit or Identification card must have expired or must be expiring within thirty (30) days.
• Must provide proof of having requested an extension for time to remain lawfully within the United States by presenting an original I-797C Notice of Action.

Yeah we’ll just do this and hope his EAD arrives within that 120 days.

[Diane and Chris 651]

6 hours ago, Lemonslice said:

Bolded is incorrect for California residents.

Also for Georgia. 

[Diane and Chris 651]

6 hours ago, Brittani said:

I must have had a typo. I don’t live in CA I live in GA. I also work in law enforcement and know he is allowed to drive with a valid UK license but thanks for the advice. I told him we will just continue to renew his temp until he gets his EAD. It’s not that big of a deal I just wish the ladies at the DMV were more educated on this process.

You cannot keep renewing his temporary until he gets his EAD. He can get a ONE time 120 extension for $50 if he has applied for EAD and you have I-797. It would be best to wait until right before the one expires in October. He will not be issued a paper license until he receives his EAD. Then he will be given a license that expires one year later when EAD expires. I hope you have already applied for AOS and EAD. It took us 142 days. to get EAD. Then you have to hope he gets AOS before his EAD expires because that is when his license will expire. He is not allowed to drive with his U.K. license if he is living in the State of Georgia for more than 30 days. 

Edited September 7, 2018 by Diane and Chris

[Ontarkie 14,218]

As others posted it's not legal or a good idea to continue to drive on UK licence. It may be minor to you  but if the worse happens and he is in an accident your insurance can deny the claim the other guys insurance would have a field day with it. Even if he is not at fault. Sure the broker might say ya ya he's good to drive, but if something happens you won't have that broker being the one reviewing the claim. Then he also gets to add a list of traffic violations  to his paper work if he decides to to fill for citizenship.  

[Diane and Chris 651]

19 hours ago, TNJ17 said:

Yeah. And you did the right thing. I’m surprised he got a temp one. I haven’t heard anyone on here saying they actually got one just that some states allow it. It took me two trips to the dmv and hours of waiting for them to tell me I have to wait for EAD even if my I-94 was still valid and I had AOS NOA. But like your case my international is still valid so no biggie. Just have him carry passport and NOA copy whenever he drives in cases he gets pulled over. 

 No, it is a biggie. Check your specific state rules. In Georgia, for example, you cannot use your foreign license if you are living in the state for more than 30 days and are establishing permanent residence. You can however get a temporary license if you do so well before I-94 expires. 

[Wuozopo 4,293]

My question was are you really a resident of a state if you have nothing from immigration but a 90 day entry?  A K1 has not been granted any status on paper to remain past 90 days until they get an EAD card allowing them 1 year at which time a license will expire. The receipt notice has no end date on it. Georgia is pretty nice to give a random 120 extra days even though immigration has not given the K1 any documentation other than 90 days.

 

On insurance. I am positive that it is my CAR that is insured, not the driver.