applying for a drivers license

[jim&huiyun 0]

My spouse has applied for her A.O.S. in early December of 2008. She has her SSN (under her maiden name) and passed her drivers "permit" in November of 2008. Can she apply to take her Drivers License test now (her I-94 expired on 11/27/08. We were married on November 15, 2008).? Or does she need to wait until she receives her GC?

Thanks for your help

[j.kevs 0]

My spouse has applied for her A.O.S. in early December of 2008. She has her SSN (under her maiden name) and passed her drivers "permit" in November of 2008. Can she apply to take her Drivers License test now (her I-94 expired on 11/27/08. We were married on November 15, 2008).? Or does she need to wait until she receives her GC?

Thanks for your help

I think YES! Getting a drivers license test is not so much of a problem like other processes, in fact you dont even have to be a resident (i think) to get it. So go ahead, but the only thing is that her driver's license will still be at her maiden name. But i dont think its such a big deal too, once you have the GC just go back and change it to your married name....Thats what they told us when we went there and ask those things...so no big deal... Go take the test and get on the road...

Happy New Year and God bless you both!

Edited December 30, 2008 by j.kevs

[Otto 83]

My spouse has applied for her A.O.S. in early December of 2008. She has her SSN (under her maiden name) and passed her drivers "permit" in November of 2008. Can she apply to take her Drivers License test now (her I-94 expired on 11/27/08. We were married on November 15, 2008).? Or does she need to wait until she receives her GC?

Thanks for your help

It depends on the state you're in - in Texas it'd not be possible without EAD/GC.. Check your state's requirements.

[Chamy and Gatita 3]

My spouse has applied for her A.O.S. in early December of 2008. She has her SSN (under her maiden name) and passed her drivers "permit" in November of 2008. Can she apply to take her Drivers License test now (her I-94 expired on 11/27/08. We were married on November 15, 2008).? Or does she need to wait until she receives her GC?

Thanks for your help

i just went thru this for my husband. We also are K-1, now married. He also passed his permit test but his I-94 does not expire for another month, but they wouldn't give him a permit once they saw that.

Here is the link at California DMV (below). I don't think they are going to let her complete her license until she has her AOS done. They don't accept NOAs either. When you read the link, there are 2 relevant sections. Be sure to read both. First is a list of documents that are acceptable as proof of legal presence. Second is the 30 day rule and 60 day rule. Under docs, it lists foreign passport with visa. Keep reading, because under the next part, it explains that she needs to have a minimum of 60 legal days left on that document (for example K-1 visa, which is the stamp on the I-94) or they won't complete her application until she has some other document to show.

The good news is that her test is good for one year. It says right on the receipt she got when she paid to take the permit.

Here's the info:

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

Quote:

Birth date verification and legal presence requirements

The issue of identification reliability, integrity, and confidentiality is of prime concern to all citizens. Eligibility for government services, issuance of various licenses, assessment of taxes, the right to vote, etc., are all determined through evaluations based on identification documents. It is critical that identification documents be authenticated and accurate in identifying each individual. The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

Only the original or a certified copy of one of the following documents is acceptable:

US Birth Certificate

US Certificate or Report of Birth Abroad

Federal Proof of Indian Blood Degree

INS American Indian Card

Birth Certificate or passport issued from a US Territory

US Passport

US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)

Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)

Certificate of Naturalization or Citizenship

Northern Mariana Card

INS US Citizen ID Card

Permanent Resident Card

Temporary Resident Identification 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)

Certification from California Department of Corrections or California Youth Authority

Employment Authorization Card

Permanent Resident Re-entry Permit

Refugee travel document

"Processed for I-551" stamped in a valid foreign passport

Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP

Immigration judge’s order granting asylum

Certified court order or judgment issued from a court of competent jurisdiction.

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)

Mexican Border Crossing Card with valid I-94

--------------------------------------------------------------------------------

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date/legal presence document (BD/LP) issued by the Department of Homeland Security (DHS).

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.

Before your limited term driver license expires, the department will mail out an “extension” letter with instructions on how to complete your application for a driver license.

If your current name no longer matches the name on your birth date/legal presence document, see "True Full Name" and "How to Change Your Name" for more information.

[chris-lei 1]

My spouse has applied for her A.O.S. in early December of 2008. She has her SSN (under her maiden name) and passed her drivers "permit" in November of 2008. Can she apply to take her Drivers License test now (her I-94 expired on 11/27/08. We were married on November 15, 2008).? Or does she need to wait until she receives her GC?

Thanks for your help

Hi there! I was able to apply for a driver license last Oct '08, 2 months after my entry in the US. I already passed my behind the wheel exam but they wouldn't send me the driver license card until my AOS is pending. I can drive now though, they only gave me a temporary driver license (just a piece of paper) that will expire on Jan. 31 '09. They said at the DMV that I will have to come back for the extension of the validity of my driver license should my EAD or GC hasn't arrived yet.