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

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.

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.

Yeah california's Law a lil bit hard.

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.

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.

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

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!!!

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)

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.

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.

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.

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.

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.

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

Can't you go with the EAD in your state? Here in Illinois I was told the same about the I-94, so I waited. I went after I got my GC and they gave me a 4 years DL, even though I was thinking it would expire with the EAD.

Did he get to keep his UK licence, because I have heard they send it back when they issue one of their own licences.

Nope, he kept it. Why would he give it up? It's a different country.

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I realize you guys are trying to help but unless it's a California person replying or with California links, it's not helpful.

DMV varies wildly from state to state.

I thought it was a bit odd, when I was told of this, I think it's because they dont let you hold a licence from different states.

We had the same problem with the CA DMV. We did not apply for EAD but did travel on AP. Fortunately when you return on AP they give you a one year I-94, which was sufficient for the CA DMV.

It sucks, we know, but they are clear on what they will and will not take.

Your time line does not specify if you have filed for AOS, if you have your best bet will be to use the EAD, or if your are one of the lucky ones and get your green card fast, you can use the Welcome to America Letter or the green card itself.

I went round and round with the DMV in CA, if you have any questions please ask away or PM me.

Why not just drive with the UK license until he gets the American driver's license? At least here in NJ and NY you can drive with foreign driver's licenses.

NJ has some of the toughest laws regarding driver's licenses. Once I get my EAD they will only issue me a permit and I can only get a driver's license after 3 months of driving on a permit (accompanied by a licensed adult). It's evil, they like to treat us like children :-)

To reiterate what a lot of the posts say, and as someone living in CA, yes, you need some proof of legal residence with more than 30 days validity. My EAD worked at the LA DMV. You can try taking in your letter of approval for your EAD or GC...heard mixed reviews about this tactic.

I know it is frustrating! Good luck!

"Why not just drive with the UK license until he gets the American driver's license?"

When you become resident in California their DMV requirement is that you have to apply for CADL within ten days of moving to live here. If you drive on a UK license and get stopped - could be BIG repercussions. Other states let you drive on foreign license for up to one year but CA does not allow this.

http://www.dmv.ca.gov/dl/dl_info.htm#2500
"If you take a job here or become a resident, you must get a California driver license within 10 days.
If you have a license from another country, you will be required to take a driving test. If you have a license from another state, the driving test can be waived. "

Unfortunately CA is very strict but it is clear what they accept and what they don't. Hard to accept but we california immigrants just have to suck it up and do what we need to do!

Hope your AOS/EAD or AP approval letter comes soon and then problem solved!

no, the lady at the DMV said I had to wait until I got my greencard. She phoned someone to verify it. No worries though....I have nowhere to go..lol. I have my valid Sask license so I'm not worried about driving around anyways.

I was able to get my wife her license using a I-797C Notice of action. When we first arrived we discoved her I94 was expired and couldnt test. So after a lengthy discussion and explaining AOS can take a while. She had me come back with proof she is "in process". Sounds like we got lucky.

Minnesota also has the law that a German driver can exchange for a MN drivers license with nothing more then surrendering the German one.

I was under the impression that when you go and get a license in another country your old driver's license isn't valid for driving anymore. I'm going to get my NJ driver's license when I register my title in NJ in a few months and wouldn't having two driver's licenses be illegal? I figured I'd have to submit it.

It might not be valid for driving in the U.S. any more, but they shouldn't make you turn it in because it's proof that you're allowed to drive in Canada. C. didn't have to relinquish his Alberta license when he received his CT one, so check the local law.