Drivers license

[TravelerUSA 22]

Has anyone tried getting a drivers license?

we filed AOS around 2 weeks ago and social security card should be here this week.

is the social security card all we need to go through driver license process or must we wait for green card?

thanks

[Boiler 45,558]

California I think you need EAD.

[C90 376]

I know someone from CA that needed her EAD to obtain her drivers license. Check your local DMV website, they should state all the info. Every state has different rules regarding to when you can obtain your license

[Sellamalola 222]

54 minutes ago, TravelerUSA said:

Has anyone tried getting a drivers license?

we filed AOS around 2 weeks ago and social security card should be here this week.

is the social security card all we need to go through driver license process or must we wait for green card?

thanks

I’m with @C90 each state has their set of rules and document list, if the beneficiary is still within 90 days i94, they can get it for the validity of the i94, other than that you’ll need at least the EAD+SSN. Good luck 👍🏽🍀 

[TravelerUSA 22]

3 minutes ago, Mellamanlola said:

I’m with @C90 each state has their set of rules and document list, if the beneficiary is still within 90 days i94, they can get it for the validity of the i94, other than that you’ll need at least the EAD+SSN. Good luck 👍🏽🍀 

Thanks for the help. What is the EAD?

[Boiler 45,558]

Employment Authorisation Document.

[Sellamalola 222]

1 minute ago, TravelerUSA said:

Thanks for the help. What is the EAD?

The work permit 😊it’ll allow the beneficiary work legally while they await their green card, if filed together with form i131, they can travel outside of the US while waiting too 👌🏽

[Mrs. M 55]

CA has an AB 60 drivers license that you could try getting. This topic is helpful...

 

[jakejon 1,197]

This is interesting. I wish there was more consistency universally across the US but go figure!! I have a friend who done AOS from ESTA and he managed to get a drivers licence (of some sort) in CA outside his 90 day given ESTA stay period and obviously without a SSN. How he done that I'm not sure. 

 

Also, I'd stay away from ringing the DMV and go down yourself. I had 5 phonecalls/emails and people were telling me conflicting info saying I couldn't get anything until my EAD. However, I furiously went down wanting answers instead of sketchy info and they told me I could get an instruction permit as part of a DAC, which allows me to sit a drive test regardless of whether my I-94 expires. Of course I had to sit the written test before my I-94 expires and therefore 'covering' me. They did require my SSN, passport, proof of address etc.

 

I have my DAC card (which can't be used for ID purposes but I don't mind) and they said once I pass the test with my DAC and also once I get my EAD I can upgrade it to a full state licence. Moral of story - go to DMV personally and don't waste your time ringing/sending emails. Good luck  

Edited January 30, 2019 by jakejon

[jakejon 1,197]

Not sure if the same applies to CA but I found out 2 days (when I went down to my DMV office) before my I-94 expired that I could only sit my written test whilst the I-94 was valid. They asked me could I extend my I-94 and I was like no, it's obviously only 90 days validity. Something worth checking out. I just wish the DMV were upfront at the beginning and told me this before my I-94 was due to expire 2 days later. I did sit my written test the same day and passed (without fully preparing). Although I used common sense to many questions. The written test is a piece of cake in comparison to the UK theory test! 

Edited January 30, 2019 by jakejon

[yuna628 9,677]

In general, an EAD is typically needed. I hope the OP filed for it with their AOS.

[jakejon 1,197]

3 minutes ago, yuna628 said:

In general, an EAD is typically needed. I hope the OP filed for it with their AOS.

Oh I'm sure he did! I'm not sure how he managed to get one without an EAD/SSN but somehow he did. I'm not familiar with CA DMV requirements. He entered I think in June 2018 and got his DL in October past. 

[Wuozopo 4,293]

2 hours ago, jakejon said:

 

This is interesting. I wish there was more consistency universally across the US but go figure!! 

 

 

 

The individual states are pretty strong on protecting their state's rights to run their own show.  If you haven't figured it out yet, there are many things that come under state laws...education, marriage, divorce, driving, insurance, banking, sales tax.  If a federal law is passed concerning anything covered by state law, the state must comply. That would include issuing driver licenses to aliens. They must show legal presence in the US.

 

SO as a K1, you get 90 days in the US. That's all you have on paper (your I-94 and passport stamp) as allowed presence in the US.  Now we all know you get to hang out while you wait for your AOS decision, but you have nothing to show the DMV that says you are allow here until [date].  The reason they need a date is so your license will expire on that date. K1 is unique in that you only get 90 days, it can't be extended, and you are in limbo land while you wait on USCIS to to approve something. 

 

When you apply for AOS/EAD/AP you get NOA1 receipts that do not have an end date or an extension of your 90 day presence. It only says you applied. Most states won't give a license based on that because your legal presence is not defined with an end date. 

 

 If you got a license during your 90 days, it would expire on Day 90 and you quit driving. Most won't bother with giving you a license for less than 6 months, but that is up to each state to decide.  

 

When your EAD is approved, the card has an expiration date of one year. That will get you a license expiring in one year. When you get a green card, it will expire in two years and also makes you a permanent resident. Some states expire you on the two year date. Some give you a regular driver license for whatever their typical duration is. My state gives 6 years before renewal. I got six years when showing my green card. 

 

Almost all states want at least an EAD card (from K1s) before any license is issued. I think there are some that require a greencard. That doesn't apply to non-immigrants like students who are here on long term visas because their visas will have an end date. 

 

And that's the story of K1s and driving. Don't expect your DMV to know all the nuances of immigration, especially K1 visas because you are a tiny minority that nobody in the real world outside of USCIS seems to know how to handle.  You think you are a resident, but not really until you get something beyond your entry stamp for 90 days. 

 

 

[CaptainAmerica 115]

If it helps, this was my experience receiving my AB60 license in California late last year, months before I received my EAD. It's a little bit more of a complicated process, but it can be done if you have the correct documentation: 

 

Edited February 3, 2019 by CaptainAmerica