Driver's License during AOS from K-1 with expired U.S. DL

[Jöla 27]

Hi,

 

I have been trying to figure out if there is a way to drive for more than the standard 30 days before the EAD is issued. The whole issue seems very dependent on the state regulations so it doesn't make it easier that my fiancée does not know yet where she has to move for medical residency come July. Currently, it looks like AZ, CA, or CO are the most likely states we'll be living in so I am focusing my research on those three states for now.

 

My specific situation is that I already have a Colorado DL as well as a SSN from my previous J-1 stays in the state. However, my CO DL expired 08/2019.

 

Does anyone know the current situation for the three states above, and if my specific preconditions (holding a SSN and an expired U.S. DL) change anything?

[K1visaHopeful 2,822]

You can google the info for each state requirements.

"(State) DMV non US citizen DLs" will get you some answers.

[Ontarkie 14,236]

~~Moved to Moving Here and Your New Life, from AOS Family~~

[Ontarkie 14,236]

In order to renew the licence it would have to be done before one year of expiry. On top of that you would need to prove lawful presence. 

The amount of time you are allowed to drive depends on the state. Some can be as little as 10 days. 

 

The little research I've done you will be starting over,  the expired CO DL is not going to help much. 

[Jöla 27]

Thanks for your reply! 10 days is crazy. But good to know it be can as little as that.

 

I have looked into AZ and CO a bit more now.

 

For CO, it looks like if the previous CO license has not been expired for more than 10 years, it's still good to waive the testing requirements. However, it sounds like lawful presence can't be proven by that (makes sense). For AZ, the period seems to be one year for out-of-state licenses.

 

Lawful presence requirements seem to be the same for both CO and AZ. Either EAD, or unexpired I-94 and Foreign Passport.

 

So now my remaining question is, why would I not be able to use unexpired I-94 and foreign passport as proof of lawful presence? Couldn't one go to the DMV the day after arrival in the US and show them the (fresh) I-94 and passport?

Edited February 25, 2020 by Jöla

[igoyougoduke 1,656]

6 hours ago, Jöla said:

Thanks for your reply! 10 days is crazy. But good to know it be can as little as that.

 

I have looked into AZ and CO a bit more now.

 

For CO, it looks like if the previous CO license has not been expired for more than 10 years, it's still good to waive the testing requirements. However, it sounds like lawful presence can't be proven by that (makes sense). For AZ, the period seems to be one year for out-of-state licenses.

 

Lawful presence requirements seem to be the same for both CO and AZ. Either EAD, or unexpired I-94 and Foreign Passport.

 

So now my remaining question is, why would I not be able to use unexpired I-94 and foreign passport as proof of lawful presence? Couldn't one go to the DMV the day after arrival in the US and show them the (fresh) I-94 and passport?

Because you are in adjustment of status. you can try getting the DL for illegal. once you get EAD you can switch to the full DL 

[Fr8dog 312]

You are able to get a license for the time you are legally submitted (most states).

K1 + I94 : until the I94 date

AOS: you have no status so you cannot get a license. You can make the argument that you cannot be a resident since you don't have a status so you can still drive on your German license (I discussed this with DMV, local police, state police and insurance company in Virginia and this is what we came up with).

EAD: until the end date of the EAD.

 

You should not have to retake the test. Germany is one of four countries that are not required to take a test.