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Driver's license without Green Card in California

#1 Marcelo

Marcelo

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Posted 22 December 2008 - 09:51 PM

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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#2 YuAndDan

YuAndDan

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Posted 22 December 2008 - 10:05 PM

CA will accept an EAD card and SSN when applying for a DL. Did you apply for EAD with AOS? It is included in the $1010 paid for AOS.

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#3 Marcelo

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Posted 22 December 2008 - 10:51 PM

Sorry, what is an EAD?
Are we going to get that in the mail?
We received the appointment date today.
Thanks
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#4 Stan1234

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Posted 22 December 2008 - 11:30 PM

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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#5 Dakine

Dakine

    BIG crab/Anaka



Posted 22 December 2008 - 11:41 PM

Don't know how true it is but I saw a post claiming they were able to get their DL by using a letter from SSA stating they couldn't get a SS card because of their pending immigration status or something like that!
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#6 Marcelo

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Posted 23 December 2008 - 12:02 AM

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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#7 JenniferJarin

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Posted 23 December 2008 - 01:53 AM

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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#8 chris-lei

chris-lei

    Platinum Member



Posted 23 December 2008 - 02:16 PM

Her identification in her visa is (US) government issued. You just need to bring the marriage certificate to prove the name change.
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K1 visa
12.20.07 : NOA1
05.01.08 : NOA2
05.27.08 : MNL case number was received in the US
07.01.08 : interview
07.21.08 : visa on hand!!!
08.25.08 : POE:LAX
09.10.08 : applied for SSN
09.13.08 : just married!!!

11.03.08 : passed behind-the-wheel drive test


AOS
11.12.08 : Sent packet for AOS, EAD and AP
11.17.08 : Packet received at Chicago, IL (day 1)
11.24.08 : Check encashed (day 7)
12.17.08 : Biometrics! (day 30)
01.13.09 : AP and EAD approved (day 57)
01.20.09 : AP arrived in the mail (day 64)
01.22.09 : EAD card received (day 66)
04.20.09 : AOS interview
04.24.09 : Welcome letter received


#9 Jasman0717

Jasman0717

    Iorek Byrnison



Posted 23 December 2008 - 02:40 PM

That is what happened to Claudeth and when she got her conditional card DMV issues an ID with the same expiration date as the green card.
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#10 E-Man

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Posted 24 December 2008 - 04:20 PM

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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#11 E-Man

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Posted 24 December 2008 - 04:50 PM

We also brought the NOA2 but no dice on the ID.
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