driver's license california

[san diego 407]

Folks, I wanted to clarify for everyone who came on K1 got married and is in AOS and wants to drive. There was a lot of wrong information going around so I wanted to clarify. While you are in AOS you CAN get a California DL. It does not matter how much time is left on I94! You need to take:

1) Your SS card

2) I94

3) Passport with valid and active K1 visa

4) Foreign DL (important!)

5) Marriage Certificate

They clear you with your SS number, give you written test. Once you pass it they give you full temporary 60 day license that you have to use together with your foreign license (in our case from Russia). Then you schedule driving test, pass it, and have a valid CADL. No problem!

Hope this helps as the largest hurdle for new arrivals is inability to get around.

[Barbara J 115]

Folks, I wanted to clarify for everyone who came on K1 got married and is in AOS and wants to drive. There was a lot of wrong information going around so I wanted to clarify. While you are in AOS you CAN get a California DL. It does not matter how much time is left on I94! You need to take:

1) Your SS card

2) I94

3) Passport with valid and active K1 visa

4) Foreign DL (important!)

5) Marriage Certificate

They clear you with your SS number, give you written test. Once you pass it they give you full temporary 60 day license that you have to use together with your foreign license (in our case from Russia). Then you schedule driving test, pass it, and have a valid CADL. No problem!

Hope this helps as the largest hurdle for new arrivals is inability to get around.

Good to know for the Cal people but it is different in each state

[Maliajannah 0]

Folks, I wanted to clarify for everyone who came on K1 got married and is in AOS and wants to drive. There was a lot of wrong information going around so I wanted to clarify. While you are in AOS you CAN get a California DL. It does not matter how much time is left on I94! You need to take:

1) Your SS card

2) I94

3) Passport with valid and active K1 visa

4) Foreign DL (important!)

5) Marriage Certificate

They clear you with your SS number, give you written test. Once you pass it they give you full temporary 60 day license that you have to use together with your foreign license (in our case from Russia). Then you schedule driving test, pass it, and have a valid CADL. No problem!

Hope this helps as the largest hurdle for new arrivals is inability to get around.

It does matter how much time is left on your I94 because it can't be expired, right? Also, if you were stupid like me and didn't get your spouse a SS number within the allotted time (before the I94 expired) than you can't get a drivers license until after you get your SS from AOS. Also, what if there was no foreign DL? Is the process still this easy?

[Krikit 1,163]

Moving from AOS Process to General Immigration Discussion.

[san diego 407]

It does matter how much time is left on your I94 because it can't be expired, right? Also, if you were stupid like me and didn't get your spouse a SS number within the allotted time (before the I94 expired) than you can't get a drivers license until after you get your SS from AOS. Also, what if there was no foreign DL? Is the process still this easy?

I do not know. All I was stating what you need including active I94 and SS. This information is for people with active I94, SSN, etc.

[JimVaPhuong 4,863]

I do not know. All I was stating what you need including active I94 and SS. This information is for people with active I94, SSN, etc.

California law doesn't allow them to issue a permanent license that's valid for longer than your authorized stay in the US. If you're using an I-94 to prove lawful presence then DMV policy requires that there be at least two months remaining validity on the I-94.

You were lucky. Most DMV offices would not have allowed her to apply for a license. This isn't conjecture or "wrong information". It's based on the California Vehicle Code and DMV policies. The lawful presence requirement is spelled out in CVC section 12801. The policy that an I-94 must have two months remaining validity is the California Driver's Handbook, page 3.

It's not possible to have a "Passport with valid and active K1 visa". The K1 visa is cancelled when the alien enters the US. It's a single use visa.

Now, presuming a DMV employee who understands the law and the policies of their department, a K1 with at least two months remaining on their I-94 could apply for a license or state ID. It would expire the same day the I-94 expires.

[SuperDuper! 230]

Jim's info is absolutely correct.

It's really better to wait until after AOS and having GC to go to the DMV and apply to take written test.

While waiting, honey can study for the written test.

It will cost at least $500 for her insurance to drive for 60 days, so consider using that money for other transpo options to get her places until honey can apply for a long-term DL at DMV.

Edited June 15, 2011 by Boing!

[BokkieandGuapo 4]

Don't be surprised if you enquire after four weeks and find that your case has been referred to the legal presence department of the DMV, chat to Kaboom she is going the this at the moment and I believe she can offer you more information, incedentally she is also living in SD and is from Russia. You have to book a written test first BEFORE you book the driving test. and all that time booking whittles away your time on your I-94

I do not know. All I was stating what you need including active I94 and SS. This information is for people with active I94, SSN, etc.

Edited June 15, 2011 by BokkieandGuapo

[san diego 407]

California law doesn't allow them to issue a permanent license that's valid for longer than your authorized stay in the US. If you're using an I-94 to prove lawful presence then DMV policy requires that there be at least two months remaining validity on the I-94.

You were lucky. Most DMV offices would not have allowed her to apply for a license. This isn't conjecture or "wrong information". It's based on the California Vehicle Code and DMV policies. The lawful presence requirement is spelled out in CVC section 12801. The policy that an I-94 must have two months remaining validity is the California Driver's Handbook, page 3.

It's not possible to have a "Passport with valid and active K1 visa". The K1 visa is cancelled when the alien enters the US. It's a single use visa.

Now, presuming a DMV employee who understands the law and the policies of their department, a K1 with at least two months remaining on their I-94 could apply for a license or state ID. It would expire the same day the I-94 expires.

Thus what does this mean in our case? We presented all the correct information, provided I94 and passport with the visa. They made photocopies of it. We still have 1.5 months remaining on I94. She passed written exam and received temporary DL. If let's say, it expires once I94 expires can she drive until I94 expires?

Jim's info is absolutely correct.

It's really better to wait until after AOS and having GC to go to the DMV and apply to take written test.

While waiting, honey can study for the written test.

It will cost at least $500 for her insurance to drive for 60 days, so consider using that money for other transpo options to get her places until honey can apply for a long-term DL at DMV.

Actually, I added her to my car insurance and all they asked is her Russia DL. My premium is slightly higher, maybe by $10/month.

[JimVaPhuong 4,863]

Thus what does this mean in our case? We presented all the correct information, provided I94 and passport with the visa. They made photocopies of it. We still have 1.5 months remaining on I94. She passed written exam and received temporary DL. If let's say, it expires once I94 expires can she drive until I94 expires?

If they issue any sort of permit then she can drive, subject to the terms or restrictions of that permit. There's a risk that someone higher up the food chain at DMV will discover that a mistake was made, and revoke the permit. Hopefully, she won't get pulled over after this happens and before you find out about it.

Be careful - if she gets into an accident and it turns out her permit wasn't valid then the insurance company will almost certainly refuse to cover it.

[sunandmoon 450]

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and 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.

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

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

[san diego 407]

Limited Term Legal Presence

All original and pending driver license or identification cards will expire on the expiration date of his/her birth date and 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.

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

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

Very helpful! Thank you! Makes total sense!