Hi!

My husband and i went to DMV to get me a california drivers license yesterday and were told that i couldn't get one as my I-94 for my K1 expires January 13, and that i'd need further evidence from immigration that i had extended my stay. We are in the process of submitting the AOS paperwork and want to know when we can expect to get any document that would be sufficient to get a drivers license. Surely we don't have to wait until i have a green card to get the license. I already have a SSN, which was very easy to get.

I was told at DMV that i could continue to drive on my UK license in the meantime but when we went to add me to my husbands insurance (AAA) as his spouse they actually ended up excluding me instead because i don't have a CA license or permit! So now i can't drive at all. Has anyone had similar problems in CA? Any advice?

Thanks

becky

An EAD would be acceptable...

You can try and go back when you get your NOA's for AOS. Watch and see everyone tell me I'm wrong and that you will need EAD at least, BUT, I got my drivers license with my NOA's, in Louisiana, not CA. Every DMV is different, some will do it, some will make you wait.......They can't arrest you for trying, all they will do,at worst, is tell you come back when you have the EAD, worth a try in my opinion!

I was able to take a driver's test in CA based on SSN and Canadian passport, even though my I-94 is already expired and I am in the AOS process. I am not sure if they will accept UK passport as one of the documents they require, but they sure did Canadian passport.
As far as AAA insurance, when I first asked to have my car added to my husband's insurance they didn't because I didn't have CA license at the time, so I registered it at State Farm with no problem at all. I guess it is different if you both use the same car.
Good luck with straightening it out
Senka

well you got lucky. i've tried 2 offices and wasn't able to get mine. the lady at the 2nd office was nice enough to help me out with a few things when i gave my car to the hubby yesterday so i could get it registered, but giving me a DL wasn't something she could do. thankfully the old fart who did the inspection didn't even look at the car let alone inside - i was afraid he was going to make me change my dash display.

k

We have been waiting for a California ID for my wife for almost 4 months. First they told us 60 days. After that they said 90 days. Now they told us we have to wait at least 120 days before anything can be done because USCIS has a lot of work to do.

I'm just about ready to give up and ask for my money back. That will probably get action.

My opinion of the DMV is far from flattering. First off I went in with my marriage certificate, valid I-94 and all the receipts and paperwork from USCIS, and they told me that the I-94 didn't have enough time on it before it expires (you only get 90 days, people!!!).

Now we are all waiting for the AOS because the DMV had us jumping through hoops for nothing. They didn't take the NOA for the AOS, they didn't take the I-94 when it was valid, or the marriage certificate or anything their website said they accept, so maybe it's just CA or maybe we picked the crappiest office in the whole of Los Angeles, it's anybody's guess.

All I can recommend is make a note of everybody you talk to, when you talked to them, and copies of everything you sent. Because they are not the smartest cookies in the jar they will likely fob you off just to make you leave, then do what they did to us and lose the paperwork for reasons we can only assume included not wanting to deal with it.

Now, it's not that I am bitter or anything but I can't get an ID, and therefore can't get driving lessons and therefore can't get to drive my very awsome car.

And the funniest part, if you can call it funny? the DMV guy thought he was so awsome and helpful he gave us his full name so we could write to Mr Arnie the Terminator so the governor could get to know how wonderful the DMV are.



Note I didn't send the letter. I kinda forgot.

Kim,
If you have SSN you should be able to get drivers license with your Canadian passport. Check DMV page about legal presence requirements. I even printed it and took with me to show them that Canadians with SSN are eligible to get CA driver license

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

We went yesterday with NOA1 for AOS and our marriage certificate in California and they said we couldn't do anything (not even an ID) before we have the NOA2 for AOS... so they need their greencard to get anything. It's very frustrating!

They accepted my husband's EAD at our local office

Hello WifeOHunkyJohn,
You don't mention anywhere about having applied for and received a social security card. Although the DMV employee may not have mentioned it, a SSN is typically required in order to obtain a CA DL or ID card. That may have been the "real" problem.
If you have an original valid passport , valid I-94, and marriage certificate, you should be given a DL or ID without any problem.
I assume your I-94 has expired by now, so you will have to wait until you receive EAD.

CA DMV needs an EAD or Greencard. NOA1 will not suffice. Based on experience. Otherwise they will issue ID, license, or permit valid only as long as the I-94 is.
Lucky for US back in the day we got our EAD on the same day we applied based on old in person filing rules.

Becky,
The DMV employee is wrong. So long as your I-94 is valid, you may apply for a CA drivers license. I am assuming you have a SSN, passport, and marriage certificate. Print out this link showing the requirements:
http://www.dmv.ca.gov/dl/dl_info.htm#BDLP

and bring it with you to the DMV, along with your SSN, valid I-94, passport,and marriage certificate.
You shouldn't have any problem. If the employee is difficult, ask for his/her superior and go from there.

rgds,

California doesn't accept your I-94 if it is going to expire in less than 60 days. It's tough because you need the SS number but if that takes too long you have no chance to get anything fron the DMV.

I got the SS card as soon as we could after we were married and took it with us to get the ID. Didn't get us anywhere, and we are still waiting for the ID to be approved.

To say I am annoyed is an understatement. But I just keep reminding myself that when I get the GC and the ID and the Driving Licence (in that order), I will look back on all these small technical hiccups and laugh.
Sigh

If you read the link, it says you only need a valid I-94. It does not say anything about expiring in less than sixty days. That would give you about 30 days in total to get a SSN and go to the DMV to get an ID or DL.
Try another DMV office.

California DMV offices do strictly enforce the 60 day rule.

See their guide:

"All original and pending driver license or identification cards will expire on the expiration date of legal presence document (I-94/EAD/Green card etc) issued by the Department of Homeland Security (DHS)." they will not issue DL's if you have less than 60 days validity remaining as the DL will expire on the last day of validity - it's not worth their while!

"Your legal presence document must have an expiration date 30 or more days from your application date. If your legal presence document has an expiration date less than 30 days, you will not be able to start a driver license or identification card application." They say this because it can take them that long to process it!

"If your legal presence 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 legal presence documentwith an expiration date of 60 days or more before your driver license or identification card is mailed to you. This is the reason why they just say a 60 day validity must remain on the I-94." Therefore you cannot receive your licence without having 60 days validity remaining on your Legal Presence document - it clearly states that on DMV CA website.

So you can either give them only the original or a certified copy of one of the following documents in order to get a licence:


INS US Citizen ID Card
Permanent Resident Card
Canadian Passport/Birth Certificate
Non-resident Alien Canadian Border Crossing 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
Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
Notice of Action (I-797 Approved Petition)

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


Hope that helps clarify...

Thanks for the additional details. Every time I come here, I learn something new.