Hi everyone,

I think I posted this forum a little while ago but I'm not great on this site at all and don't know if i got any responses. I despreately need to get my NY State Driver's Licence in the next month or so. Could somebody please advise me as to what paperwork I need to bring with me and what the process will be. I tried to when I was last here but they wouldn't let me as my I20 was going to run out within a year. This time I have my K1 visa until March 31st and will be married in the next 3 weeks. Other than that I do not know what I could bring with me.

PS Could somebody also tell me how to keep track of the forums that I have created the topic for?

Thank you very much!

google is your friend...

http://www.nydmv.state.ny.us/

NYS requires 2 major things and a few minor things before they will issue a driver's license.

Major list (SSN and one of the others required)

• SSN
• Foreign Passport with Valid I-94 card (VALID FOR 1 YEAR or MORE)
• EAD Card.
• Green-card
• Proof of US Citizenship.

The 1+ year I-94 card is what kills K-1 but does not kill K-3 visa holders.

Minor items just show NY address, things like utility bill, mail in persons name addressed to NYS address, bank account checks with persons name.

http://www.nydmv.state.ny.us/idlicense.htm

If you have a license from the UK, continue using it in NYS.

http://www.nydmv.state.ny.us/license.htm#d...romothernations

You become "Resident" when you get your green-card.

For the SSN, they'll take a letter from the SSA saying you are ineligible for an SSN if you're on a K3 without an EAD yet... but yeah, the K-1 is pretty much SOL in NYS.

The NYS dmv website shows how many points each item equals - you need 6. Without an I-94 good for a year or an EAD, you can't get a DL as far as I can determine.

I ABSOLUTELY HAVE TO GET A DRIVERS LICENCE IN THE NEXT MONTH. I DO NOT HAVE AN 1-94 FOR AT LEAST A YEAR. IT IS ONLY UNTIL THE END OF MARCH. THERE MUST BE SOME WAY I CAN DO THIS BEFORE THE END OF A YEAR ?? SOMECODY PLEASE HELP !!!!

What do you have for documentation of your legal status here in the USA?

NO DICE in NYS, I live in NYS and researched this for my wife who entered as K-1, and we could not get it until she had EAD or Green-Card from USCIS.

It is a bit twisted but since my wife could not get a job until having EAD, so it made no sense for her to have DL until she could work.

Last Year GOV Spitzer proposed issuing DL NON-Immigrants without EAD, but that got shot down in flames and was getting a lot of negative press about "Issuing DL to Illegals"

Not until you get your EAD. NYS is pretty strict about driver's licenses.

Yes, that was a rather poorly received proposal. It probably would have had no problem passing if it had as its intent fixing the problem posed by the OP. This is likely going to be our problem as well. This is a serious inequity. If I have some time this weekend, I will do some additional research. I am going to post a link to this thread to the DMV so they are aware of this; people who are trying to do things the legal and correct way should not be penalized like this.

Not true. I got mine long before my EAD was approved. All I needed was:

• passport + K-1
• I-94 (3 months expiration)
• Social Security card
• marriage certificate

The last one is important. Make sure you bring your marriage certificate -- they wouldn't do anything without it.

It seems to be true now, as they specify that the I-94 must be valid for at least a year. The marriage certificate might waive that at some DMVs. NYS is a bear when it comes to DLs and now that I've moved I have friends who have had the same issue with the K-1. (Refusal to issue.)
Always worth a try, though. Issuing is always left up to the discretion of the DMV clerk and I'd imagine in NYC, they're a lot more familiar with the whole immigration thing (but maybe not). If the OP is in an area where she MUST drive, I'd imagine it's more rural and it may pose more of a difficulty because as much as I like to think the best, some of the people at the DMV aren't the most well trained.

All of the states are struggling with trying to comply with provision of REAL ID Act of 2005.... This has caused a significant stiffening of DL laws in most every state. While the provisions of this act have been delayed, many states had already made some changes and NY may be one of them... So it is not surprising someone may have had a different experience in 2004/2005 that is very different than today....

Yeah, it's true now, and it was true then as well. The rules haven't really changed since 2005 --
the I-94 must be valid for a year, or no license.

All I'm saying is that they tossed that stupid rule out the window as soon as they saw my marriage certificate.

It's worth a shot.

Totally

My friend's wife brought her's hoping they'd put it in her maiden name though, and they still wouldn't do it. Like I said, could be a knowledge/familiarity thing that caused that, though.

I posed the question to NYSDMV. This is the response I got:


"Response (REP-2) - 01/18/2008 07:57 AM
A valid driver license from another country is also valid in NYS. You do not need to apply for a NYS driver license unless you become a resident of NYS.

According to NYS law, a resident of another country can get a NYS driver license. The DMV does not recommend this because:

NYS recognizes your foreign driver license if you remain a resident of the nation that issued the license. You do not need to have a NYS driver license to drive in NYS unless you become a resident of NYS.
If you have a driver license from any nation except Canada, you must pass a written test, complete a 5-hour pre-licensing course and pass a road test to qualify for a NYS driver license. See "New Drivers - How to Apply".
You must show a Social Security Card. If you are not eligible for a Social Security Card, you must provide a letter or form SSA-L676 from the US Social Security Administration (SSA) that states that you are not eligible. The SSA Letter or form must have been issued no more than 30 days before the date of your application. You must also show the U.S. Citizenship and Immigration Services (USCIS) documents that the SSA used to determine that you are not eligible for a Social Security Card. The USCIS was formerly known as the Immigration and Naturalization Service (INS). Read the specific requirements on the identification requirements page.
When you receive your NYS driver license, you must surrender your foreign driver license to the DMV road test examiner. The local DMV office keeps your foreign driver license, and then destroys the license after 60 days. If you plan to return to your home country and use your foreign driver license, ask the road test examiner how to make sure that your foreign driver license is not destroyed. If you need to get your foreign driver license, go to the local DMV office where you applied for your NYS driver license.
International Driving Permit: An International Driving Permit is not a driver license. The permit only verifies that you hold a valid driver license in your home country. Your foreign driver license, not the International Driving Permit, allows you to drive in NYS. Contact the authorities in your home country to get an International Driving Permit. If you are not a resident of the US, you cannot apply for an International Driving Permit in the US.

You are not required to have an International Driving Permit to drive in NYS, but the permit has value. The permit verifies, in several languages, that you have a valid foreign driver license. A police officer who cannot read the language on your foreign driver license can read the permit.

Note for US residents: The DMV does not issue International Driving Permits. Contact an automobile club that is a member of the American Automobile Association (AAA)."

That's pretty much exactly what the NYS DMV website says.

Guys ... Thank you very much for all your help !!

Can somebody please tell me what I can do as i do not have a I94 that is valid for a year. I have a ss number. I will be married soon. Please help as I really need to get a driver's licence. There must be a way !

Can't you just drive on your British licence until you get your green card?

Gillian

Bring your passport, SSN, K-1 and the marriage certificate and you just might get lucky.
Worked for me.

My (K-1) I-94 was only valid for 3 months, but they gave me a driver's licence that was good for one year.
It was marked "temporary resident, status exp.xx/xxxx."

my i94 runs out March 31st ... will I get a new one or ?? ... What is an EAD and how long does it take to get one? Is there any way to speed this up? I do not have a drivers licence from home. Have had all my lessons and am more than ready to go just need them to let me take it as it is a nightmare getting around! I will have my marriage certificate soon if that will help. Thanks again for all your help!

hello all--i just want to clarify...

my husband received his visa--we did the CR-1 and were approved...he has an Egyptian Driver's License...so, does that mean that he can drive with that until he receives his green card?...I thought he became a permanent resident once he came over here... after he becomes a permanent resident of the US--we will have to apply for the driver's license from the beginning??...i mean, he would have to get his permit and the 5 hour class, etc...??

sorry if this question was answered a gazillion times!!

i wish you all the best!!

Definition of a Resident. If you become a resident of NYS, you must exchange your driver license and vehicle registration from another state for a NYS driver license and vehicle registration within 30 days. If you have a driver license from another state, you must get a driver license from NYS within 30 days after you become a resident of NYS. If you have a vehicle registration from another state, you must get a vehicle registration from NYS within 30 days after you become a resident of NYS.

Section 250 (5) of the Vehicle and Traffic Law defines the term "resident." The law defines a resident as a person who lives in NYS with the intent to make NYS a "fixed and permanent" place to live. To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS. A police officer can use this evidence as the reason to issue a traffic ticket if you drive in NYS without a driver license or vehicle registration issued by NYS.

A judge considers the law and the evidence of your intent and decides if you are a resident of NYS. For example, if you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make NYS a "fixed and permanent" residence. The DMV will not decide if you are a resident of NYS, if you must get a NYS driver license, or if you must register your vehicle in NYS.

According to this law, students from other states or from other nations who attend school in NYS are normally not considered residents of NYS.

Definition of "Resident"

wth does that mean????...why do they have to be so dumb about it?? they couldn't just say--"if you live in nys for more than 3 months, you're considered a resident?????????"..

An EAD is a work permit card. EAD = Employment Authorization Document.

It takes up to 3 months to get one.