Nightmare at the DMV

[Martin + Amie 0]

Hi Guys,

I came to the US on a K1 visa back on the 1st of Jan 2007. Sometime at the end of March I decided to go to the DMV and take my written exam to get a california license. I have a Uk license which i have had for 4 years. Everything went fine, they took my picture, i sat the written exam and failed it the first time round.

I went to the DMV yesterday and after waiting in line for an hour I get to the desk and the women tells me that i can't take any exam because i dont have a valid I94. She said my one has expired. Can someone explain to me why they declined me a driving written test based on my I94? They said come back when you have more to show.

What are the rules with the DMV if you are on a K1 awaiting AOS so i can hopefully reschedule and sit the test.

Thanks

Martin

Edited September 28, 2007 by Martin + Amie

[TracyTN 237]

The rules vary from state to state so they may well be right.

In my state, hubby is eligible for a 'certificate of driving' based on just his ID and valid status in the country. The certificate can't be used for ID unfortunately, so it really isn't worth the time nor effort (in our opinion).

He cannot have a full blown license until he has his green card, so unless a potential employer would require the certificate of driving, I don't see him getting one.

I'd look on the DMV site for your state and find out what the rules are, then figure out your options.

[Nicky44 0]

Hi Guys,

I came to the US on a K1 visa back on the 1st of Jan 2007. Sometime at the end of March I decided to go to the DMV and take my written exam to get a california license. I have a Uk license which i have had for 4 years. Everything went fine, they took my picture, i sat the written exam and failed it the first time round.

I went to the DMV yesterday and after waiting in line for an hour I get to the desk and the women tells me that i can't take any exam because i dont have a valid I94. She said my one has expired. Can someone explain to me why they declined me a driving written test based on my I94? They said come back when you have more to show.

What are the rules with the DMV if you are on a K1 awaiting AOS so i can hopefully reschedule and sit the test.

Thanks

Martin

Same thing in Oklahoma, without a valid I-94 I cant take the test, I have my EAD and thought that would be sufficient, but it wasn't, you will have to wait for the greencard now.

[Sand 5]

Yeah california's Law a lil bit hard.

[Cécy 44]

You might have to wait until you get your EAD to take the test.

Did you apply for AOS yet? It doesn't say so on your timeline.

Because if you haven't applied for AOS yet, even if you married in the required time it still makes you out of status, legal to stay but unable to prove it to DMV or social security.

Edited September 28, 2007 by Cécy

[*JG* 2]

Hi Guys,

I came to the US on a K1 visa back on the 1st of Jan 2007. Sometime at the end of March I decided to go to the DMV and take my written exam to get a california license. I have a Uk license which i have had for 4 years. Everything went fine, they took my picture, i sat the written exam and failed it the first time round.

I went to the DMV yesterday and after waiting in line for an hour I get to the desk and the women tells me that i can't take any exam because i dont have a valid I94. She said my one has expired. Can someone explain to me why they declined me a driving written test based on my I94? They said come back when you have more to show.

What are the rules with the DMV if you are on a K1 awaiting AOS so i can hopefully reschedule and sit the test.

Thanks

Martin

Andre had to have his green card, social security card, passport, and a postmarked letter addressed to him in order to get his DL. Oh, and pass both the written and driving test, of course.

[Jasman0717 9]

Once you receive something from the USCIS like an EAD or GC you can go back.

[sandy cheeks 0]

Hi Guys,

I came to the US on a K1 visa back on the 1st of Jan 2007. Sometime at the end of March I decided to go to the DMV and take my written exam to get a california license. I have a Uk license which i have had for 4 years. Everything went fine, they took my picture, i sat the written exam and failed it the first time round.

I went to the DMV yesterday and after waiting in line for an hour I get to the desk and the women tells me that i can't take any exam because i dont have a valid I94. She said my one has expired. Can someone explain to me why they declined me a driving written test based on my I94? They said come back when you have more to show.

What are the rules with the DMV if you are on a K1 awaiting AOS so i can hopefully reschedule and sit the test.

Thanks

Martin

Well, first of all, I'm in PA and from Germany. I don't have to make the drivers test here since germany has a contract with PA and some other states. So I got my german license and they just transcribe it.

But that takes some time for some reason. But I also got told at the DMV that if you applied for AOS (and you can find that info on their webside) you a eligible for an ID card and a drivers license valid for 1 year. I went there with my NOA from my AOS and they said it's just fine and it'll work.

But I guess, it's different from state to state.

Good luck!!!

[perfect 39]

California is very strict. You have to have a valid I-94 or other legal presence document with at least 60 days validity remaining. ("Your BD/LP document must have an expiration date 30 or more days from your application date. If your BD/LP document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application. If your BD/LP document has an expiration date of less than 60 days, you may complete your licensing requirements (written/vision/driving tests), but you will need to submit another BD/LP document with an expiration date of 60 days or more before your driver license or identification card is mailed to you. ")

They will also accept a letetr from USCIS showing your EAD or AOS petition has been approved.

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

Only the original or a certified copy of one of the following documents is acceptable:

Certificate of Naturalization or Citizenship

Permanent Resident Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

Employment Authorization Card

Permanent Resident Re-entry Permit

"Processed for I-551" stamped in a valid foreign passport

Notice of Action (I-797 Approved Petition)

[Caladan 19]

I found here (CT) that it sometimes depended on the DMV department, too. Here they needed to see the K-1, the I-94, the marriage license, and the NOA from the I-485.

[Miranda&James 8]

One thing to consider though, even if you had a valid I94, does the license expire when the I94 expires as well? When James only had his EAD we thought about him getting his license, but we were told that once it was within 90 days of expiring not to bother because they would not issue one, and the license expired with the EAD (had he gotten his license at the time). These things vary from state to state as others have said, so you may just have to wait for your EAD to get your license.

[perfect 39]

In California it does expire when your Legal Presence document expires. So if you only have 60 days validity it expires when the 60 days expires. if you only have 30 days validity they won't even begin processing.

[no name 1]

My hubby had to show his GC, SSN and UK licence to even take his written test (in Cali). He had to show it again after passing his driving test as well.

Be prepared, you will have to take the written AND the driving test in CA.

[*JG* 2]

One thing to consider though, even if you had a valid I94, does the license expire when the I94 expires as well? When James only had his EAD we thought about him getting his license, but we were told that once it was within 90 days of expiring not to bother because they would not issue one, and the license expired with the EAD (had he gotten his license at the time). These things vary from state to state as others have said, so you may just have to wait for your EAD to get your license.

Yes, in St. Louis it does expire with the I-94, which expired the minute we married.

Andre's driver's license now expires on the exact same day his 2-year green card expires. I think that sucks cause now, after we apply for the 10 year GC, we have to go back up to that stupid DMV and get another license.

[vnoe 0]

here in ND the DMV says my license will expire when the I94 does. I can't get a ND license until I get my green card.....so I wait. My Canadian license is good until next year so I don't have to worry much about that. Just that I hate my photo...lol