Hi Everyone,

Let me start by saying that for sure this will be a ramble, I have no idea where to even start so let me first start by saying that right now our priority is to get my wife driving here in California (legally) IN THE SHORTEST AMOUNT OF TIME.

California is one of the few states that requires a SSN to obtain a drivers license, there is an exception but it is not applicable in our case.

Here is my understanding from what a normal scenario might look like. File for EAD prior to filing AOS, (easier for us to do before filing AOS) obtain EAD and then file for SSN at our local office. This is straight forward enough but will likely take a couple of months when all is said and done.

Now for a few areas of confusion for me, to start with, when we filed the DS-230 we did check that we wanted a SSN issued so I was under the impression that this was all that was necessary since we plan for my wife to stay at home with no intention of working. In my dreamy little state of Euphoria I had hoped the cards would arrive in a few weeks and she could apply for her license BUT I read this:


On the visa application Form DS-230 (expires 7/31/2007), you saw the following offer:

"Do you want the Social Security Administration to assign you an SSN (and issue a card) or issue you a new card (if you have an SSN)? You must answer "Yes" to this question and to the "Consent To Disclosure" in order to receive an SSN and/or card."

Please note that this program is ONLY for Immigrant Visa holders (CR-1, etc). If you checked this box, a Social Security number will NOT be generated for you if you are a K-visa holder. As a K-visa holder, use the following guide to get your first, or replacement, Social Security number/card. If you have ever had a Social Security number, that is your number for life; you will need to visit your SSA office to get new card with the same number.

On the "Step-by-Step Guide to getting a Social Security Number (SSN)" page and those hopes came crashing down.

Sooooo, then I read that it might be possible to apply for an SSN without EAD and the card will simply state such and if necessary with a later EAD (if she wants to work) it can be removed yada yada yada.... (Did I mention this would be a ramble?)

Anyway, then I here (Stricly hearsay of course) that she can drive on her license from her home country just like a tourist visiting etc but this makes me very skeptical since she has a residence here an no longer abroad (not to mention she would need insurance by law and that, while maybe not impossible, would probably be a nightmare.) Adding fuel to this fire, the lady at the DMV seemed to think she could also drive without any problems but I am not convinced she understood the scope of things and I, at this point, am not willing to go with one source of info.

Ok, some basic facts, she is here on a K3, her I-94 is stamped for the two years, she has a valid (non-expired) license from her country. We have both a local DMV and a local Social Security office both of which I have visited.

I have no problem filing for the EAD and SSN other than the timeline, I am concerned about filing for a SSN at the SS office for fear that if the DS-230 is processed upfront they will step on each other. If for sure the DS-230 does not get processed upfront then if and when it is processed they will see that a number has been isssued and it shouldn't be a problem. (Presumably) For what it is worth, the local SS office said that there is no number in their database as of yet (she has been in the country 10 days) and said we are welcome to come back in a week and if the number is in the database they will issue us the cards on the spot. (We were all going on the assumption that the DS-230 form initiated the process, he looked at the form but of course is not involved with immigration so took our word for the fact that it was in process) Nice man.

Just to RECAP:

Looking to get my wife driving legally in the shortest timeframe here in CALIFORNIA.

Possible Options:

1) She can drive now on her current licenses somehow. (Probably a pipe dream)

2) We can apply for a SS number without EAD (We don't need EAD) and SS will arrive in approx 10 days. (Probably the best, and barring option one, the fastest. Having a SS number sooner than later can't hurt either)

3) We apply for EAD and then WAIT :-( and then apply for SS card and WAIT a bit more. (Barring our urgency, probably the most normal process from what I can tell.)

Am I missing anything?

If you are still reading this you are a saint.

Anyway, I will be visiting both the DMV and the SS office again I am sure but with the holiday here and me being at work at the moment I really was hoping to get some insight.

Thanks Everyone, have a Happy Holiday!

Puerco

p.s. Did I mention I am ecstatic to have my family here?

If her foreign (presumably Ecuadorian) licence is unexpired, drive on it.

As per the California DMV website, her foreign driver's license is valid. You may want to check with your insurance company to see if she can be insured. Some companies do this. In California, you can't get a driver's license until you have an EAD or Green card, social security number or not. You should be able to get an SS# without an EAD though, we did it almost immediately with no problems. Apply for the EAD ASAP so that you can get the license and start studying the book...Remember that they will test her on hand signals and the like.

Hi CherryXS,

Yes, you are right in presuming, Ecuadorian license unexpired. It is tempting for sure, did you do the same or just suggesting? I am not sure honestly what the consequences are and not knowing for me is the biggest reason not to do it. Ufff! So much effort I would hate to bungle something up now.

Good call on the hand signals! Poor girl has been studying since she got here, she is ready to take the written test now. ;-) I missed the part about the foreign license being legal, I recall seeing the "International Licesne" was not recognized but I am aware of what they are and understand why they are not. This is the first time I have heard anything about Green Card or EAD for California License, can't see why they would care about either. Great to hear about the SS number without the EAD, that was going to be my first question at the SS office at my next visit. Of course, just because they will let you doesn't mean it isn't breaking some immigration rule they are not payed to be aware of. (although you cleared that up, thanks)

Don't suppose you have a link about the foreign license being legal and all, it might be helpful to bring a copy to my insurer.

Puerco

In this case, suggesting only.

If the licence were Canadian, it would be more than a suggestion as I would be posting from semi-tangential experience (having actually retained an Alberta licence for two years in GA and TN, when I worked on a TN-1).

I have to admit, it is looking promising, unless of course the insurer puts the kibosh on everything. Definately raises the "Call insurer" item higher on the todo list.

Ooops, I posted in the wrong forum originally, seems I missed the appropriatlely named "Moving here and your new life in America" which, wouldn't you know it, appears to have similar posts. Ooops, FWIW I did search the topic and seemed to miss the posts. Looks like I have some reading to do now.

Puerco.

http://www.visajourney.com/forums/index.ph...om&page=ssn

I entered the US with a K-1 visa and thus, was able to apply for SSN without problems.

I had a friend back then (K-3) who was unsuccessful getting a SSN without the EAD.

I am curious if things have changed and I want to know if there's any difference when it comes to SSN application with these types of visa.

I hope someone comes along and enlighten me, as well. I already have my unrestricted SS card, I just want to know.

You technically can drive on a foreign license for up to 60 days before you are considered driving illigally.

Actually, in CA's case there is not a specific number of days but rather a slightly hazy definition, you can drive on a foreign licence or another states licence until you become resident in the state. Their idea of becoming resident is doing something that a non-resident would not. The examples listed on the DMV site list getting a job, voting in a CA election, but could be argued to include being on the lease of a CA home etc.

I would guess that the OP's wife would remain in somewhat of a grey area until she actually does any of the above, or takes a job. My reading of it is that until she begins to work, she can drive on her home country's licence, so long as it remains valid.

Also note, that CA does not recognise International DL's on their own, but they do serve as a recognised translation for DL's in other languages, and so is used in conjunction with the foreign DL.

I thought you could drive up to one year on a foreign license.

I believe the 10 day rule is there to keep people from skipping out of jury duty, which tied to your license and obviously doesn't apply to non-citizens. I (a USC) had my Michigan license when I moved to CA, having retained it after 10 years out of the country. I didn't get the CA one right away, got pulled over for speeding and was told off by the police officer but was not cited for it.