Driver's license in PA

[philabride 0]

Hello.

I entered the US as K-1 and got married. I filed AOS 2 weeks ago and have not heard from USCIS yet.

To get a driver's license or photo ID, I went to DMV. On their website, they listed what I needed as a K-1 visa holder so

I brought everything they requested.

They were inexperienced with my situation and they looked up INS website to check my immigration status. They told me

it showed that ' further verification needed' so, practically I did not have any legal status.

For me I have followed every step legally, and now am married to a US citizen. I was very upset that they treated me like illegal.

A lot of people on this website have obtained their driver's license when they were K-1 or waiting for AOS.

They were not sure about my situation and told me they will have their headquater decide if they would give me ID or not.

Do I have to wait to receive EAD to get a state ID or driver's license?

If you have dealt with DMV before you received your EAD, please let me hear your story.

Thank you

[visacheck 3]

Hello.

I entered the US as K-1 and got married. I filed AOS 2 weeks ago and have not heard from USCIS yet.

To get a driver's license or photo ID, I went to DMV. On their website, they listed what I needed as a K-1 visa holder so

I brought everything they requested.

They were inexperienced with my situation and they looked up INS website to check my immigration status. They told me

it showed that ' further verification needed' so, practically I did not have any legal status.

For me I have followed every step legally, and now am married to a US citizen. I was very upset that they treated me like illegal.

A lot of people on this website have obtained their driver's license when they were K-1 or waiting for AOS.

They were not sure about my situation and told me they will have their headquater decide if they would give me ID or not.

Do I have to wait to receive EAD to get a state ID or driver's license?

If you have dealt with DMV before you received your EAD, please let me hear your story.

Thank you

Im not sure how it works there in PA, but here in CA even tourist can get state ID as long as I-94 is at least 2 months valid. I got my state ID even before i filed AOS.

[RooDee 0]

In our case my wife came on a K-3 and we were able to apply for her license with her passport, visa, I-94 and social security card. You will need an EAD in order to apply for a SSN ...

-D

Edited October 9, 2009 by RooDee

[philabride 0]

Thank you both of you for sharing your thoughts.

I think my problem was that my I-94 was expired. I thought the rule was I had to be married by the expiration date,

but I guess it doesn not work for hard-headed city workers. They specifically listed what K-1 visa holder needed to

get a driver's license, and I had everything. I called DMV and they told me that the decision depends on the clerk

I am assigned to. So it is just my luck? it is ridiculous.

They told me I will received a letter from their DMV headquaters with the decision if i can get ID or not.

I cannot change my name on SSN, I cannot get a ID or driver's license while I wait for EAD or greencard. It is like

they are telling me to hide in the house.

[AmberOctober 25]

In our Texas DMV office I've been told that I'm not eligible for driving licence.

With me I had:

passport

SSN

marrige licence (or certificate? In short, the document to prove my new family name)

My Husband's passport

They made my husband really mad there because they told me to wait for a green card!

We went to another office, there was a very pleasant guy at the information desk. He explained that according to their rules my I94 should be valid for not less than a year. Of course I told him that K1 visa lets usto have it for three months only. That's why, he replied, it is impossible for K1 holders to get their driving licence right away.

He said to wait for EAD and come back with it. It'll prove that I'm going to stay here and my docs are in process.

Yes, there are people who can get their DL. BUT! They are just lucky and/or workers at their local DMV offices are not experieced.

Don't be sad like I was It's just another month or two away.

Edited October 9, 2009 by Dusseldorf

[philabride 0]

Thank you for your response. Your experience sounds very similar to mine.

They told me it would be easier if I had EAD. I was mad because they even listed requirements

for k-1 visa holders on their website but their employee had no idea what it was.

Today I found my check was cashed by USCIS. I guess it is going to be a couple months wait for me too.

Thank you, you cheered me up

In our Texas DMV office I've been told that I'm not eligible for driving licence.

With me I had:

passport

SSN

marrige licence (or certificate? In short, the document to prove my new family name)

My Husband's passport

They made my husband really mad there because they told me to wait for a green card!

We went to another office, there was a very pleasant guy at the information desk. He explained that according to their rules my I94 should be valid for not less than a year. Of course I told him that K1 visa lets usto have it for three months only. That's why, he replied, it is impossible for K1 holders to get their driving licence right away.

He said to wait for EAD and come back with it. It'll prove that I'm going to stay here and my docs are in process.

Yes, there are people who can get their DL. BUT! They are just lucky and/or workers at their local DMV offices are not experieced.

Don't be sad like I was It's just another month or two away.

[Usui Takumi 1,562]

Here is the document your looking for:

http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf

Btw, I found out earlier this week in another thread that PA allows you to use your foreign license for an entire year!

Edited October 9, 2009 by lancer1655

[AmberOctober 25]

Oh yes, that's almost what happened to me.

When I went to the DMV office for the first time just to find out if I can come back in a couple of days (after reading the rules ) and pass the test, they said no problem and gave me the list of documents. That's why I was so sure that I was going to make it work. Seems that sometimes they don't know what are they doing there!

Congratulations with NOA1!

Thank you for your response. Your experience sounds very similar to mine.

They told me it would be easier if I had EAD. I was mad because they even listed requirements

for k-1 visa holders on their website but their employee had no idea what it was.

Today I found my check was cashed by USCIS. I guess it is going to be a couple months wait for me too.

Thank you, you cheered me up

[Inky 1,111]

Im in Nebraska

We got married and a few days after went over to the DMV.

I brought with me

- couple of envelopes with our names and address on it

- my canadian passport with I-94 in it

- canadian drivers license

- marriage certificate

When we got there I had to fill out a form and they took me into this back room area took all my information and the woman said that I would have to take a test on their computer of 25 questions, and i have to get 20 of them right to pass. She told me I had to take this test because it was part of canadas license change agreement and that if i pass i can get a full nebraska drivers license. After this she said she just had to check in the system and make sure that i was able to get my license and she said it would take 5 mins to do a legality check. ( this is about 2 weeks after i entered on my k-1 ) After a few minutes she said i was good to go and she took a photo of me and told me to take the test, I took and passed the test and they gave me a paper i could use till my license came in the mail and that only took about a week and a half to get it in the mail.

I didnt need SSN, AOS, or EAD or anything to get mine.

Just filed AOS this week actually

[philabride 0]

Thank you for looking into my situation.

I saw the same website and brought all documents, still they didnt give me a license.

They just trust their computer and they didnt even see if I have all documents listed on THEIR website.

Here is the document your looking for:

http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf

Btw, I found out earlier this week in another thread that PA allows you to use your foreign license for an entire year!

[Deryck and Miho 0]

You will need an EAD in order to apply for a SSN ...

Is this true?? If so, the VJ K1 flowchart is wrong...

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

(EDITED)

Nm... I found the reason. K1 vs K3 differ:

http://www.visajourney.com/forums/index.ph...om&page=ssn

The Application Process:

:: For K1 Visa Holders ::

As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do

not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA

offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior

to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either.

You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your

record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the

USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS.

To apply for a SSN you will need to go to your local SSA office and bring the documents below. These

documents are proof of your eligibility to file for a SSN:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. your Passport (with the K-1 Visa in it)

3. your valid I-94

4. another form of valid ID (as defined in the SS-5 instructions)

5. You should also bring the document RM 00203.500 that you printed out

Make sure to bring all the documents above because some offices have staff that are not aware

that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not

you could be turned away incorrectly.

Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

:: For K2, K3, K4 Visa Holders ::

As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to

show this to the SSA agency to be eligible to receive a SSN.

To apply for a SSN you will need to go to your local SSA office and bring:

1. The SS-5 form you downloaded and filled out (they have some at the office if you forget).

2. Passport (with the K-2, K-3, or K-4 Visa in it)

3. your valid I-94

4. another form of valid ID (as defined in the SS-5 instructions)

5. A valid EAD

Only persons age 12 and older must apply in person. A derivitive visa beneficiary (K2 for example) may

elect to have their parent (the K1 for example) apply on their behalf (they will still need all the required

documents). The SSA will most likely need to verify the validity of the EAD and will make a copy to send to the USCIS as part of the SSN processing. Once they verify the EAD you will receive your SSN card in the mail.

You can check on the status of your SSN application and/or often get the SSN in advance by returning in person to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.

Edited October 9, 2009 by Deryck and Miho

[Old Dominion 26]

Each state is required by federal law to obtain official proof that one is here legally. The reason is that Virginia issued drivers' licenses that provided IDs to those who then trained as pilots and flew the planes that caused 9/11. They had fake IDs to get their Virginia licenses.

A K-1, marriage license, I-94 is not regarded as such evidence. Once a person's application for AOS has been accepted (NOA1) that document is sufficient proof in Virginia. Others require the EAD, and others still may hold out for the GC. A drivers' license is valid until such time as a GC is issued, and then only for two years.

Respecting the origin of these laws/regulations, it's hard to object.

To get the SSN, it's necessary to have the EAD. But then a SSN by itself is of no use.

Edited October 10, 2009 by Old Dominion

[MRStee 19]

Here is the document your looking for:

http://www.dmv.state.pa.us/pdotforms/fact_...ts/pub195nc.pdf

Btw, I found out earlier this week in another thread that PA allows you to use your foreign license for an entire year!

Thank you! This was very kind and helpful of you to post. Im a PA resident and need to know what im up against. When hubby comes and we do this, Im going to print a copy of this and take it with me to the DMV so they'll know! Thanks again...

[Kathryn41 3,205]

Part of your problem was that your I-94 was expired. It is no longer proof of a valid status in the US and you need to have proof of valid legal status in the US in order to get a Driver's License. Here in Georgia they will only issue DL or state IDs for the same length of time as the immigration document validity so in Georgia you would have to wait as well until you got your green card or your EAD. I had to wait until I got my EAD before they would give me a DL because the I-94 didn't have enough time left on it before it was out of status.

[philabride 0]

Thank you everyone.

1-94 for K-1 visa holder is only valid for 3 months which is the same amount of time to get married.

It is just not enough time to get married, apply for AOS, file marriage documents for your country, apply for driver's license.

I guess we just have to wait to hear from USCIS again... this time it is not so bad because we are already with our spouses.

I will post a message again when I receive a letter from their headquaters for the decision they would give me a license.

thank you all and good luck