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Marcelo

Driver's license without Green Card in California

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Is it true that my wife, who is waiting for her AOS interview that will happen in February, can not apply for a Driver's license or a California ID until she gets the Green Card?

Thank you

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When you applied for AOS did you also fill out I-765, Application For Employment Authorization - this is the EAD or a temporary employment authorisation - allows you to work whilst waiting for AOS.

As for driving licence, the CA DMV likes to make it difficult for us. You can get a drivers licence if you have more than 30 (sometimes 60 depending on which DMV worker you talk to) days left on your I-94 but the drivers licence will expire when your I-94 does.

It seems to be the general consensus that the EAD should be acceptable to apply for a drivers licence. Hopefully when mine arrives in the next week or two I'll be able to test this out!

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Thank you all for your answer. It seems that we did not do the I-765.

Regarding the I-94, they said it should be 60.

By the way, my wife got a ssn, right away after we got married.

The reason why I did the initial posting is because in the letter for the interview it says she needs to have a government issue photo id. She does not have one. We wonder if the passport will be sufficient.

Thanks again

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The passport should be fine. If you had applied within the time your wife's I-94 was still valid, you probably could have gotten the driver's license, as long as you also had the SS card. I tried getting my husband's driver's license AFTER his I-94 expired and had to convince the DMV that he was "in the system" and could take his test. We had his SS card...well, we waited about 45 minutes, then they seemed to have "found" him in their computer system, and we paid the fee and he was able to take his tests and everything. He ended up getting a temporary paper print-out that stated he now had driving privileges, and that his permanent hard card could arrive in the mail. It never arrived -- just a letter stating they could not verify his status, so until then, the hard card would have to wait. They sent a list of all documents to prove he was approved to get his license -- one being the EAD card, which we didn't have at that point. But what's interesting is that when the 3-mo expiration date on his temporary paper dr's license came up, he received a new temporary paper driver's permit in the mail! With an apology that they still could not verify his status.

So -- he can legally drive, but no permanent card yet. He just received his EAD about a week ago, however, so he should get his driver's license in the mail soon. If they don't send it, we can go to the DMV before the expiration date on his temp paper license and have it extended, or send a copy of his EAD as proof to the main DMV headquarters in Sacramento, and they should then issue it.

It's such a hassle, I know. Thankfully, you'll have your interview soon and your wife can then get her driver's license!









QUOTE (Marcelo @ Dec 22 2008, 09:02 PM) <{POST_SNAPBACK}>
Thank you all for your answer. It seems that we did not do the I-765.

Regarding the I-94, they said it should be 60.

By the way, my wife got a ssn, right away after we got married.

The reason why I did the initial posting is because in the letter for the interview it says she needs to have a government issue photo id. She does not have one. We wonder if the passport will be sufficient.

Thanks again

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Good Luck. CA DMV is a pain. We went to the DMV to get a CA state ID and the DMV said that we could apply for the State ID or a CA Drivers License and get put into the system but would not be issued the actual ID until we provided the EAD. We provided the SS card, marriage certificate, passport and Visa and they said that without the EAD she would not get the ID card or Drivers license. I guess we have to wait until we get the EAD.

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