Getting a driver's license on a K-1 Visa during AOS process

[juliava 80]

Marriage certificates, NOA's are NOT proof of legal status, they are not a proof that an immigration status was granted yet.

No DMV supervisor will change that for anybody.

Wait until you get the EAD. That's a proof of legal status and it is valid for 1 year. EAD comes in maximum 3 months.

[TheCockyLockies 2]

My wife entered the US on a K1 Visa that expires on 31 Dec 09. We married soon on entry and filed for AOS. She has completed her biometrics and recently received the notice from USCIS that the case has been transferred to CSC for processing. So far so good.

She is ready to get her driving learners permit now. We visited the North Carolina DMV office for the same. We showed her passport for proof of ID, the most recent notice of action letters, I-94, proof of residency in NC, social security card, and even our marriage certificate.

However, the person at the Driver's License center (DMV) in Charlotte looked only at the stamp and expiration date on the I-94, which is December 31 (that's in a few days). They said she could take the test, however the learners permit would be valid only until Dec 31, since the Notice of Action letter only indicated that the AOS was being processed and didn't explicitly specify any extension of the expiry date. We explained USCIS does not provide such a document, but they didn't seem to understand.

This made little sense to me-- USCIS/ DHS is the part of the government that is responsible for her "legal" status in the US-- NOT the state DMV. We have every piece of documentation to show that we are right on track with our K-1/ AOS and that she is in the US legally, but the DMV is saying it's not adequate because they cannot see a date.

We got the same response from a second North Carolina DMV center.

What can we do? Is there some document or internal memo we can show them to convince them that it's okay to issue a learner's permit with the regular 18 month validity to my wife? We were ready to trek to the state capitol on Monday to see if Raleigh DMV might be better.

She has a family member in VA who went through the same K1 process with his wife a few years ago, with no problem.

I received my NOAs (for AOS and AED) yesterday and went straight to the DMV. They turned me down for the 3rd time, after exhaustive explanations

about my case and forms in hand. I then emailed the Ombudsman of FL - DMV (I found the link on the official Florida DMV site) last night and I just

received a phonecall this morning telling me that I was right after all. So, I'm taking my learner's test this afternoon (arranged by the Ombudsman).

I would suggest that you e-mail DMV officials.

Most of the time people behind the DMV desk do not know about our legal presence, our immigration status, etc.

Hope this helps.

[Guitarlo 2]

I received my NOAs (for AOS and AED) yesterday and went straight to the DMV. They turned me down for the 3rd time, after exhaustive explanations

about my case and forms in hand. I then emailed the Ombudsman of FL - DMV (I found the link on the official Florida DMV site) last night and I just

received a phonecall this morning telling me that I was right after all. So, I'm taking my learner's test this afternoon (arranged by the Ombudsman).

I would suggest that you e-mail DMV officials.

Most of the time people behind the DMV desk do not know about our legal presence, our immigration status, etc.

Hope this helps.

I took my I-485 NOA and a copy of my marriage certificate to the county and they reinstated my wife's drivers permit.

This was in Minnesota.

[juliava 80]

Every state is different. VA is strict enough. You need proof of legal presence: a valid visa, a work permit or a Green Card. Anything else-receipt notices/NOA"s, marriage certificates are not acceptable.

[Jo-bel 0]

Yep, every state is different. In my case, I just shown my passport with I-94, SSN# and state ID...they asked me about the NOA1 but on that time I do not receive yet my NOA1 so the lady told me to bring back the NOA1 but she allowed me to have the written test... days passed by, and I tried to call the DMV if they still need my NOA1 and the operator has no idea about AOS...so I just ignored the lady and few days after my I-94 expires I received a withdrawal... I went to DMV office and just gave the copy of NOA1 and all went well... since I do not have my license in the Phil I have to wait until February to accomplish atlease 90 days then I can have the road test.

So here Minnesota, unexpired I-94 then NOA1 are enough to get the IP and driver's license.

Edited December 30, 2009 by Jobel

[anivol 0]

Thanks everyone, for sharing your experiences !

So finally we went back to the NC DMV with my EAD, Passport and Social Security card. Got the learners permit after showing these three and taking the tests of course. The learners permit that is usually valid for 18 months has the same validity as my EAD.

[Guitarlo 2]

Yep, every state is different. In my case, I just shown my passport with I-94, SSN# and state ID...they asked me about the NOA1 but on that time I do not receive yet my NOA1 so the lady told me to bring back the NOA1 but she allowed me to have the written test... days passed by, and I tried to call the DMV if they still need my NOA1 and the operator has no idea about AOS...so I just ignored the lady and few days after my I-94 expires I received a withdrawal... I went to DMV office and just gave the copy of NOA1 and all went well... since I do not have my license in the Phil I have to wait until February to accomplish atlease 90 days then I can have the road test.

So here Minnesota, unexpired I-94 then NOA1 are enough to get the IP and driver's license.

Hello neighbor! My Pinay wife also had the exact situation and like you she had to produce the NOA1 before they would renew her permit. Send us an email we're always looking to make new friends from the PI. She is from Butuan City.

Good luck

[KnJ 0]

There's a definite distinction, at least in some states like Massachusetts (MA), between getting a new drivers license or learners permit versus a license conversion. However read VERY carefully the ID requirements.

In MA if 18 years or older one needs a SSN but if denied a SSN then they need the denial notice AND the valid I-94.

If you are 18 years of age or older:

You must present the following:

* Document proving date of birth

* Document proving signature

* Document proving Massachusetts residency

* A Social Security Number (SSN) that the RMV can verify with the U.S. Social Security Administration (SSA) as having been issued to you OR an acceptable Denial Notice from the SSA. If you present a Denial Notice, you must also present proof of acceptable visa status, an I-94 (Record of Arrival and Departure), and a current non-U.S. Passport.

Therefore your valid SSN, regardless of work authorization status, negates the need for a valid I-94.

In MA a marriage certificate is proof of residence.

The DMV/RMV in your state may have a list of acceptable documents you can use (see the PDF for MA here). You could print out that list and bring it with you. They can't argue with their own documentation. If the applicant can satisfy all requirements of residency and identification without the I-94, then the fact that it's expired is a non-issue, technically.

States of course will vary in their requirements and they may need non-citizens to have some clear immigration status that casts them as more than just visiting.

-----

My situation: my car is imported and registered in MA, and I have 30 days from that date to get my license converted. I titled and registered the car February 2, and my I-94 expired Feb 11. I'm going to get my license on Monday (I had overlooked the driver license history requirement, so was waiting for that document from Ontario). Of course I'll bring the NOA-1 from AOS, but...

If they denied my license conversion I would be in a very weird place of having my car here, which the RMV needs me to be licensed in MA to maintain legally, but being unable to get licensed in MA.

I don't believe I'll have a problem. From what I'm reading, the only documents I need are my passport (proving date of birth), SSN (also signature proof), and marriage certificate (residence). Make sure all documents are originals/certified copies (marriage certificate with seal).

Regardless, AOS is some weird liminal state. Limbo.

[BriCar 0]

There's a definite distinction, at least in some states like Massachusetts (MA), between getting a new drivers license or learners permit versus a license conversion. However read VERY carefully the ID requirements.

In MA if 18 years or older one needs a SSN but if denied a SSN then they need the denial notice AND the valid I-94.

Therefore your valid SSN, regardless of work authorization status, negates the need for a valid I-94.

In MA a marriage certificate is proof of residence.

The DMV/RMV in your state may have a list of acceptable documents you can use (see the PDF for MA here). You could print out that list and bring it with you. They can't argue with their own documentation. If the applicant can satisfy all requirements of residency and identification without the I-94, then the fact that it's expired is a non-issue, technically.

States of course will vary in their requirements and they may need non-citizens to have some clear immigration status that casts them as more than just visiting.

-----

My situation: my car is imported and registered in MA, and I have 30 days from that date to get my license converted. I titled and registered the car February 2, and my I-94 expired Feb 11. I'm going to get my license on Monday (I had overlooked the driver license history requirement, so was waiting for that document from Ontario). Of course I'll bring the NOA-1 from AOS, but...

If they denied my license conversion I would be in a very weird place of having my car here, which the RMV needs me to be licensed in MA to maintain legally, but being unable to get licensed in MA.

I don't believe I'll have a problem. From what I'm reading, the only documents I need are my passport (proving date of birth), SSN (also signature proof), and marriage certificate (residence). Make sure all documents are originals/certified copies (marriage certificate with seal).

Regardless, AOS is some weird liminal state. Limbo.

Makes you just wanna drive with your old the license and registration until the AOS is done.

And if a cop questions, well I'm just visiting...

Really how hard would it be for immigration to issue some ID/permission for a new immigrant to properly test for a license in a register their vehicle timely manner in their new home?

[Shanec86 0]

Are we not allowed to drive on a K1 visa then? How does it work? I assumed we would be able to drive for 90 days or something? Anyone have any idea? or are we not allowed to drive at all until we've got a license? I had a US license but it expired 2 years ago when my student visa expired. Now I just have my UK license and I really need to be able to drive my family about when they get here.

Thanks

[BriCar 0]

Are we not allowed to drive on a K1 visa then? How does it work? I assumed we would be able to drive for 90 days or something? Anyone have any idea? or are we not allowed to drive at all until we've got a license? I had a US license but it expired 2 years ago when my student visa expired. Now I just have my UK license and I really need to be able to drive my family about when they get here.

Thanks

For sure the K1 or any other visa is not a driving permit. It's weird because a tourist can drive for quite a while with their existing license. But a new non immigrant with no real US identification is required to acquire a local driving permit somehow It's sort of a disconnect in the system. Well if your almost forced to drive on another permit while pursuing the steps to get the correct one then be real careful as you drive.

Edited May 28, 2010 by BriCar

[Shanec86 0]

For sure the K1 or any other visa is not a driving permit. It's weird because a tourist can drive for quite a while with their existing license. But a new non immigrant with no real US identification is required to acquire a local driving permit somehow It's sort of a disconnect in the system. Well if your almost forced to drive on another permit while pursuing the steps to get the correct one then be real careful as you drive.

My fiancee called the Vermont DMV today and they said I can drive with my UK license for 60 days then I have to get a permit and go through the test all over again. That sucks as I had a Vermont driving license when I was a student, it expired 2 years ago so I guess that's why but I think it's stupid I have to go through everything all over again including logging my "learning hours" Oh well. And yeah it's stupid that we can't drive or can for a certain amount of time when visitors can drive I believe for up to a year. Oh well.

[BriCar 0]

My fiancee called the Vermont DMV today and they said I can drive with my UK license for 60 days then I have to get a permit and go through the test all over again. That sucks as I had a Vermont driving license when I was a student, it expired 2 years ago so I guess that's why but I think it's stupid I have to go through everything all over again including logging my "learning hours" Oh well. And yeah it's stupid that we can't drive or can for a certain amount of time when visitors can drive I believe for up to a year. Oh well.

What a hassle!!

My fiancee will be here next month from BC Canada so I better call California DMV as well and see what exactly they want.

Pretty sure it's a total re-test. The whole thing is silly... just another price to pay to be with our loved one!

Well Good Luck anyway!

[gvt 0]

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Each state regulates how drivers licenses and permits are issued. NCs laws have nothing to do with VAs laws requirements. Vermont only requires a copy of the marriage license and the receipt for filing AOS, again a state matter. My wife had her learners permit within a couple weeks of arriving. She had her drivers license before her green card. But Vermont has its own rules, just as NC has theirs. some states require a person to have an EAD or Green Card before issuing a permit or license.

Gary: Did you apply up in Burlington, Vermont? The main office in Montpelier is telling us that my wife must have at least her Work Authorization/EAD to show proof or her green card. I would assume our local office would require the same so I haven't called them yet. So I am not sure this is the case anymore. Just an FYI for the few of us in Vermont currently going through the process. Or perhaps it is up to the discretion, ignorance or kindness of the local DMV but this is at least what the main office in Montpelier is telling me.

Also for others, the rep told me my wife can take the road test at the next available appointment after passing the written test and does NOT have to follow the 20 hour rule of logged driving hours after attaining a learners permit. Will see if our local office thinks the same.

[gvt 0]

My fiancee called the Vermont DMV today and they said I can drive with my UK license for 60 days then I have to get a permit and go through the test all over again. That sucks as I had a Vermont driving license when I was a student, it expired 2 years ago so I guess that's why but I think it's stupid I have to go through everything all over again including logging my "learning hours" Oh well. And yeah it's stupid that we can't drive or can for a certain amount of time when visitors can drive I believe for up to a year. Oh well.

The main office in Montpelier told me that my wife could take the road test at the next available appointment after passing the written test and did not have to follow the "logged hours" rule. Still haven't dealt with my local office so I will see if they both are agreement when we cross that road in a few weeks.