How do I get a driver's license in Texas on a K-1?

[soon2batexan 3]

I'm hoping someone can offer some helpful info..

I'm entering the US on my K-1 (moving to Houston) December 3rd. The I-94 they'll give me at the border will state that I'm allowed to be in the country for 90 days.

Problem is, to obtain a driver's license, the TX DMV needs to see that I'm allowed to be in the country legally for at least 6 months. Now I know Canadians are allowed to visit for a period of 6 months so i'm not sure if that works in my favor. I thought I remembered hearing that Canadians can drive with their Canadian license for 6 months - year, and I'm a careful driver so it's not so much that I'm worried about getting pulled over as I'm concerned that when I DO go to apply for my license, I'll be fined or something for not getting a TX license within 90 days, as required by new residents. It's a catch 22! Now, it's possible I'll receive my work permit within the 90 day period and that should be sufficient proof, but if I don't, what's the best way to proceed?

The DMV in Conroe suggested getting an international driving permit, but I looked into those and you have to have a US license in order to get one.

Can anyone offer advice? I'm a little lost and am just trying to follow the rules. Help!

[Inky 1,110]

Have you checked if you can be insured to drive the car on a non-american license? Our insurance wouldn't insure a canadian licensed driver to use the car. Tho I had no issues at the DMV with just my I-94. TX rules are very different for DMV in Nebraska! all I needed was passport with valid I-94 and marriage license(for name change).

[soon2batexan 3]

My Fiance is adding me to his insurance policy, and Progressive said they can insure a driver with a Canadian license.

Texas is a bit more stringent when it comes to the requirements for the DL. They are one of the states that passed the REAL ID Act, so I think they tend to be tougher in terms of paperwork. IF they give me a license, it'd likely only be for the validity period of the I-94...I'd sooner keep my CDN license (which is valid til 2012) than surrender it and have something that expires in 90 days.

Any advise people?

[finallyfree 2]

I'm hoping someone can offer some helpful info..

I'm entering the US on my K-1 (moving to Houston) December 3rd. The I-94 they'll give me at the border will state that I'm allowed to be in the country for 90 days.

Problem is, to obtain a driver's license, the TX DMV needs to see that I'm allowed to be in the country legally for at least 6 months. Now I know Canadians are allowed to visit for a period of 6 months so i'm not sure if that works in my favor. I thought I remembered hearing that Canadians can drive with their Canadian license for 6 months - year, and I'm a careful driver so it's not so much that I'm worried about getting pulled over as I'm concerned that when I DO go to apply for my license, I'll be fined or something for not getting a TX license within 90 days, as required by new residents. It's a catch 22! Now, it's possible I'll receive my work permit within the 90 day period and that should be sufficient proof, but if I don't, what's the best way to proceed?

The DMV in Conroe suggested getting an international driving permit, but I looked into those and you have to have a US license in order to get one.

Can anyone offer advice? I'm a little lost and am just trying to follow the rules. Help!

Just go to the DPS in Houston and bring your valid Canadian driver's license. The other tests will be waived but you have to pass the eye exam.

http://www.txdps.state.tx.us/DriverLicense/movingtotexas.htm

EDIT:

Ok, i'm not sure about the I-94 on K-1's but it can't hurt to try and find out, right?

Edited November 13, 2010 by finallyfree

[Nich-Nick 3,353]

I'm hoping someone can offer some helpful info..

I'm entering the US on my K-1 (moving to Houston) December 3rd. The I-94 they'll give me at the border will state that I'm allowed to be in the country for 90 days.

Problem is, to obtain a driver's license, the TX DMV needs to see that I'm allowed to be in the country legally for at least 6 months. Now I know Canadians are allowed to visit for a period of 6 months so i'm not sure if that works in my favor. I thought I remembered hearing that Canadians can drive with their Canadian license for 6 months - year, and I'm a careful driver so it's not so much that I'm worried about getting pulled over as I'm concerned that when I DO go to apply for my license, I'll be fined or something for not getting a TX license within 90 days, as required by new residents. It's a catch 22! Now, it's possible I'll receive my work permit within the 90 day period and that should be sufficient proof, but if I don't, what's the best way to proceed?

The DMV in Conroe suggested getting an international driving permit, but I looked into those and you have to have a US license in order to get one.

Can anyone offer advice? I'm a little lost and am just trying to follow the rules. Help!

I'm 100% positive you can't get a TX DL until you have your EAD or green card. With EAD you'll get a Temporary Visitor license that expires in one year on the expiration of the EAD. If you get that one, when the green card comes you can go back, PAY again, and get a regular 6 year license. You will take the written test and driving test with a state trooper to get the initial license. After that, you will have to go back in person to upgrade, or even to change your address if you move. Nothing online allowed for GC holders. The Conroe office has about a 3 hour minimum wait every day of the week. There's a new office near IAH airport that Conroe lady told me nobody knew about and we should go there since it was actually closer anyway. Well, people do know about it, but it was only maybe 2 hours to get an address change.

Visitors can drive in Texas on their Canadian license for a year. Just say you're visiting until you have EAD or a green card in hand. Before that you aren't really a resident because you're in that K1 limbo. But if you're past your I-94 90 days and you get stopped, you've got a lotta explainin' to do. Yes, we've been there. And until recently TX law said you had to get a Texas license within 30 days of moving to the state. So there we were on the highway at night, with my husband stopped for speeding by DPS state trooper. He showed his UK license and the guy said "are you visiting here?" "No, I've lived here 2 months." Had he just said he was visiting, the whole TX DL within 30 days would not even have come up. City cops and state troopers do not know federal immigration laws. They for sure have never heard of a K1. Anyway after explaining the whole K1 process and how there is a gap where a K1 is a nothing because the I-94 is expired, but the GC is stlll processing and TX won't issue a license, he took my word for it and scratched the "failure to have a DL" off the ticket.

I would say, just drive as a visiting Canadian and be ready to explain K1 limbo if needed. Sounds like you might be moving to the Woodlands if you say Houston, but called Conroe DPS.

[Nich-Nick 3,353]

You will take the written test and driving test with a state trooper to get the initial license.

Scratch that because you're Canadian. I was thinking British when I typed that. And about the International Driving Permit thing. It's really just a book of translations into many languages. I got one at AAA in Houston when I was going to drive all over Europe. But since you're from an English speaking country, mostly, you probably don't need translations. I think you're supposed to get those in the home country and use it with your home license when you travel internationally. Anyway, I don't think it's that necessary for you unless it's really cheap and easy to get in Canada. Then you might appear more "visitor-like" popping out that with your Canadian license.

[Anadrud 0]

I'm 100% positive you can't get a TX DL until you have your EAD or green card. With EAD you'll get a Temporary Visitor license that expires in one year on the expiration of the EAD. If you get that one, when the green card comes you can go back, PAY again, and get a regular 6 year license. You will take the written test and driving test with a state trooper to get the initial license. After that, you will have to go back in person to upgrade, or even to change your address if you move. Nothing online allowed for GC holders. The Conroe office has about a 3 hour minimum wait every day of the week. There's a new office near IAH airport that Conroe lady told me nobody knew about and we should go there since it was actually closer anyway. Well, people do know about it, but it was only maybe 2 hours to get an address change.

Visitors can drive in Texas on their Canadian license for a year. Just say you're visiting until you have EAD or a green card in hand. Before that you aren't really a resident because you're in that K1 limbo. But if you're past your I-94 90 days and you get stopped, you've got a lotta explainin' to do. Yes, we've been there. And until recently TX law said you had to get a Texas license within 30 days of moving to the state. So there we were on the highway at night, with my husband stopped for speeding by DPS state trooper. He showed his UK license and the guy said "are you visiting here?" "No, I've lived here 2 months." Had he just said he was visiting, the whole TX DL within 30 days would not even have come up. City cops and state troopers do not know federal immigration laws. They for sure have never heard of a K1. Anyway after explaining the whole K1 process and how there is a gap where a K1 is a nothing because the I-94 is expired, but the GC is stlll processing and TX won't issue a license, he took my word for it and scratched the "failure to have a DL" off the ticket.

I would say, just drive as a visiting Canadian and be ready to explain K1 limbo if needed. Sounds like you might be moving to the Woodlands if you say Houston, but called Conroe DPS.

Unfortunately I went through this myself... K1 is not elegible for a driver's license in Texas...

The two women in the DL office showed me the list of elegible visas, and K1 has a big black square in it, meaning not elegible for anything, even after married. I believe they will have to change this K1 situation eventually, since we are truly in a limbo, and we can't be anything for 4 months or more...

Anyway, I would too suggest you to use the fact that you are canadian, and say you are a visitor...

I'm Brazilian, so I'll have to start the whole process again, and nothing can be done at the moment, yay to that

Good luck in your case!

[JKB 0]

I have a similar problem right now and have contacted the DPS legal offices as well as some advocacy groups which are suing and won (under appeal)to gain some clarity as to my wife driving. She is from China which does not accept Texas DL's and so we are in a tough spot.

However, per the Texas Driver Handbook, page 1-1:

"5. Nonresidents (at least 18 years of age) may drive any vehicle in Texas if

they are legally licensed to drive such a vehicle in their home state or country,

and their home state or country grants like recognition to citizens of

Texas."

I would suggest if you fit into this catagory to just drive on your current DL until immigration gets you the neccesary forms to get a Texas DL/ID. While K-1's could previously obtain a DL with a marriage certificate that is no longer the case, and frankly I am pretty T.O.'d about it.

[Brandi n Michael 8]

Check with your local DMV in Canada. I thought I remember reading you can drive on it for 1 year but then again I'm from Manitoba Just call and ask.

[VanessaTony 3,567]

** moved from "Adjustment of Status Case Filing and Progress Reports" to Moving Here and Your New Life In America as this isn't an AOS question or a qn about the immigration process, but a "life in USA" qn**

[saskswan 1]

I don't think you can. Possibly once you get your EAD (as long as it doesn't expire for 6 months). I came to Texas on a K-3 and it was horrible getting my drivers license. #1 bring proof of your spouse/fiance's citizenship (passports are not good enough if they were not born in the US). They need their naturalization certificate. My license is contingent on my visa. It expires when my visa expires. So I would wait until you get your greencard.

[luckytxn 2,263]

My wife was able to get hers when the EAD came in. She did have to go back once her 2 year GC came and get a regular 6 year license. Took her 3 times on the driving test to pass it. Was fun times had by all. I am constantly amazed that her new car I got her is not banged up.

[ajoman84 0]

Does anyone know of official source where it states that K-1 visa holders can get a drivers license or permit with EAD?

My fiancee went to get a permit in Dallas and they refused saying that those on K-1 are not eligible..

[LivFavor 17]

Hi fellow Texas. Please note that you can even get your driver's license with just NOA1. My hubby did and he was given a license with 1 year validity. My advice is that you insist that a second verification be done on the NOA1 document using your Alien Number. The documents that can help when making your argument is the DPS Verifying Lawful Presence Guide (https://www.dps.texas.gov/international/Forms/DL-62.pdf) and the Homeland Security REAL ID Act (https://www.dhs.gov/library/assets/real-id-act-text.pdf)

 

Edited August 7, 2019 by LivFavor