I am currently in New Jersey on a K1 Visa (originally from the UK). I did not drive whilst living in the UK. I literally got married yesterday to a US Citizen. Does anybody know if I can apply for a drivers license/permit before my adjustment of status? I do not relish the prospect of having to wait months for my adjustment before being able to drive.

Thanks for your help.

Yes, you can apply for a drivers license prior to AOS approval.
Here is the link for New Jersey DMV ID requirements:

http://www.state.nj.us/mvc/pdf/Licenses/id..._posterpint.pdf

Good luck

I have seen this info, however I have also seen the attached link from the NJ MVC website. A K1 visa holder does not fall into any of the listed categories. http://www.state.nj.us/mvc/Licenses/LicensesNon-Citizens.htm

You can apply for a permit/license before your AOS, but it will have the same expiry date as that of your I-94.

I got an instruction permit from the DMV in November, and it expires at the end of this month. I was ready to take my driving test today and called up the DMV about this, and they said that the only other proof of immigration status they will take, once the I-94 expires, is an approval notice for AOS (I-797) or the actual green card itself. I was so bummed. I guess I'm stuck at home for the next 6 months.

By the way, I'm in Nevada... rules vary by state... but I took a quick look at the New Jersey DMV website before posting this, and it seems like the rules are the same as Nevada. Call and ask to be sure.




Yup, but again, the license/permit will expire when your I-94 expires.

You have an Passport and a valid I-94.

So they should give you a license until the expiry of your I-94.

In CO a new non working resident has to wait 90 days before they can apply, so it became a Catch 22.

Needed the EAD.

But I had a UK License so no big deal.

So they're accepting EAD as proof of immigrant status? Hm, I might have to ask the DMV here... the only other thing I saw that they accepted as proof is the re-entry permit (is this the same as AP by the way?)

I found this ....

"Arizona will issue temporary driver’s licenses in this situation if there is proof that extension of status has been applied for, while Florida and New Jersey will not issue another license until the actual approval notice is presented."

Thank god i'm gonna be in Arizona!

Lucky you!

Yeah but, aren't K visas "non-immigrant"? Therefore, couldn't they drive with their Canadian license, for instance, until they can get an American one? After all, other foreign visitors can drive here.

i'm in Louisiana and that's what the copper told me while he wrote out my ticket

k

AP is not the same as a re-entry permit.. a re-entry permit is what you get when you are a permanent resident and you are out of the US for a substantial period of time... (you must apply for this)

Visa Staus is a Federal Issue, DMV Regulations are State.

I only really looked at in Colorado, the regulations are so badly written it was really impossible to say. But as the Police do not have a clue either, in practice not a problem.

Other States regulations may be more specific.

I would mention that Residency is not a common issue, the definition varies, yet to see one that is common.