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Filed: K-1 Visa Country: Russia
Timeline
Posted (edited)

My wife received her driver's license last week . . . and we just sent AOS packet (including EAD and AP) one month ago.

There is usually some explaining to do to the people at the DMV --- especially since her visa expired --- but showing them the I-485 receipt is usually good enough. Svetlana was never asked to provide an EAD.

But all states are a little different.

When we went for driving test on Jan. 20, they would not let Svetlana take it because that was the day her K1 visa expired (and we had not received the I-485 receipt). They said they needed some piece of paper to send to the state capital.

Edited by BTalley
Filed: K-3 Visa Country: Indonesia
Timeline
Posted
My wife received her driver's license last week . . . and we just sent AOS packet (including EAD and AP) one month ago.

There is usually some explaining to do to the people at the DMV --- especially since her visa expired --- but showing them the I-485 receipt is usually good enough. Svetlana was never asked to provide an EAD.

But all states are a little different.

When we went for driving test on Jan. 20, they would not let Svetlana take it because that was the day her K1 visa expired (and we had not received the I-485 receipt). They said they needed some piece of paper to send to the state capital.

well, that's the issue. I am not filling for AOS yet, so I won't have any I-485 receipt. I am going to apply for EAD only. Then, later on, I will apply AOS. Means, I will only have my EAD when I try to get driving licence.

Any Idea for me?

Filed: K-1 Visa Country: Russia
Timeline
Posted

If your visa has expired (cannot tell since your timeline is not updated), you should only need to provide some kind of document to show you are in the country legally (even if it's just a receipt from USCIS that a case is pending). EAD should be good enough.

Filed: K-3 Visa Country: Indonesia
Timeline
Posted
If your visa has expired (cannot tell since your timeline is not updated), you should only need to provide some kind of document to show you are in the country legally (even if it's just a receipt from USCIS that a case is pending). EAD should be good enough.

yes, my visa is still valid.

So, I can go to DMV with valid Visa, EAD and SSN?

Filed: K-1 Visa Country: Russia
Timeline
Posted

Valid visa and SSN should be good enough.

Not sure if you need to wait on anything having to do with EAD. It's definitely not needed in Florida.

But definitely call your local DMV office. Although even they will give conflicting instructions sometimes. One person told us we needed to bring original marriage certificate. But it was never asked for.

Filed: Timeline
Posted

When I applied for my driver's license they only asked for my State ID and SSN Card. It would be faster if you apply for State ID first (got mine right after I received my SSN), just bring your passport with visa stamped, SSN card and your marriage certificate.

Although I am still waiting for my green card, I have my driver's license valid til 2013 same with my State ID.

Filed: K-3 Visa Country: Indonesia
Timeline
Posted
When I applied for my driver's license they only asked for my State ID and SSN Card. It would be faster if you apply for State ID first (got mine right after I received my SSN), just bring your passport with visa stamped, SSN card and your marriage certificate.

Although I am still waiting for my green card, I have my driver's license valid til 2013 same with my State ID.

That might be the one I need. State ID.

Thank you guys,.. :thumbs:

Filed: Other Timeline
Posted

The answer is that the requirements for a driver's license for an alien vary greatly from State to State.

Go to your local DMV and ask to speak to a manager to find out what documents are required.

State DMV websites are sometimes incomplete, and the desk clerks in offices may not be fully informed. Ask to speak to a supervisor.

Filed: Timeline
Posted
When I applied for my driver's license they only asked for my State ID and SSN Card. It would be faster if you apply for State ID first (got mine right after I received my SSN), just bring your passport with visa stamped, SSN card and your marriage certificate.

Although I am still waiting for my green card, I have my driver's license valid til 2013 same with my State ID.

That might be the one I need. State ID.

Thank you guys,.. :thumbs:

Yes I used State ID as my primary ID for months before I got my Driver's License. I was added in my husband's bank accounts using said ID. Goodluck

Filed: Citizen (apr) Country: England
Timeline
Posted
Hi,..I am under K3 Visa

I am considering to apply EAD before my AOS.

is it possible for me to get driving licence without having my GC yet (of course, after I get my EAD and SSN)?

anyone can answer ?

In M.A you can get your DL using your EAD and SSN - but they still make you bring another form of I.D. with an address on it.

N-400 Journey

June 9th 2012 - Application sent

June 14th 2012 - NOA sent

June 28th - Biometrics letter sent -- July 26th Appointment date

July 12th 2012 - Early Biometrics/Walk-in

August ( ) - Interview letter received -- September 14th Interview date

September 14th 2012 - Interview! Oath date in hand, September 20th @ noon!

Posted

State DMV requirements are Federally mandated not state mandated (believe it or not) States must check "legal presence" and "identity" before issuing ID or license. The ways they do that are then left up to the states lol.....but the list of ways to do it is a short one

I94 is taken by some states as proof of legal presence. So is a valid EAD card. A state ID card won't help you because the same "legal presence" / "identity" requirements that apply to drivers license also apply to state-issued ID cards. Only a moron would pay for an ID card then turn around and pay for a license issued by the same state when the requirements of the two are the same.

In Texas, the passport and VISA are accepted as (2) different forms of identity and the I94 validity in the passport establishes proof of legal presence, so a K3 visa holder in Texas can just go get their license right away. That's what my wife did.

MOST states ALSO require SS card. Texas does not, but that is the exception, not the rule. To get SS card (as a K3 visaholder), you have to have an EAD card. The EAD card is not required for the drivers license, but it is required for the SS card. SO, the net effect is that for K3 visaholders, EAD/SS card meets the "legal presence" AND "secondary identification" requirement that the "I94 with at least 6 month validity" and photo visa page meets in Texas. You normally need primary and secondary proof of identity. Passport is normally primary. EAD or visa photo page can be secondary.SO: Most states -

Passport/with visa and valid I94

SS card

Will get you a license. EAD for K3 is required for SS card, so Passport, EAD, SS card will meet the federally mandated requirements and the I-94/visa photo page becomes unimportant. Proofs of identity are:

K3 Visa with photo

Passport

EAD card

Proofs of legal presence are:

I-94 (different states require different validity periods)

EAD card

SS card (some states apparantly consider you can't even apply for a SS card unless you are or have had legal presence, so they assume if you have one it appears to "imply" legal presence, go figure)

Valid visa and SSN should be good enough.

Not sure if you need to wait on anything having to do with EAD. It's definitely not needed in Florida.

But definitely call your local DMV office. Although even they will give conflicting instructions sometimes. One person told us we needed to bring original marriage certificate. But it was never asked for.

 

i don't get it.

Filed: AOS (pnd) Country: South Africa
Timeline
Posted

I believe that in most cases if you can get a state ID you can get a drivers license. When I applied for mine, they told me I would need exactly the same documents to get one or the other.

But I think that EAD and SSN should be just fine.

03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

 
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