Getting a Driver's License

[Faith & Andz 3]

I have a question regarding getting a driver's license. My wife is on a K-1 visa and just filed for her I-485 on June 13. However, I just learned from some posts that you have to have a GC or an EAD to get a driver's license. I had no idea of this because I just assumed that as long as she has a visa to show that she's not here illegally and as long as we got married within the 90 days, she could get a license. My wife does not plan on working, so we did not fill out the I-765 (for the EAD). So, my questions are:

1) Is there a big difference in the amount of time it takes to process the EAD vs. the I-485? If so, would it be wise to file for an EAD now even though we already filed our I-485 so that she can get her license more quickly?

2) Can she get a learner's permit without having to show a GC or EAD?

I'm posting my state (TN) requirements at the bottom. Out of the documents that they require, I didn't see any that my wife has available. I don't even see EAD on the list of acceptable documents. (See below). Thanks to anyone for their help. I'll probably have to contact the state DMV to find out about the permit, but I wanted to get an idea from everyone else on VJ first. Thanks!

Acceptable Documents for Lawful Permanent Resident Status:

• Permanent Resident Alien Card (I-551)

• Foreign passport stamped by the U.S. Government indicating that the holder has been

"Processed for I-551"

• Permanent resident Re-entry Permit (I-327)

• Arrival Departure Form I-94 with “Temporary I-551” stamp and holder’s photograph affixed

• Travel Document issued to Permanent Residents (I-327)

• Travel Document issued to Refugees (I-571)

• Form I-94 stamped with one of the following statuses: Asylee, Parolee or Parole,

Refugee,Asylum, HP-humanitarian parolee or PIP-public interest parolee

[DaveE111 10]

Each state has different requirements. We live in Georgia and my wife needed her green card for drivers license. I really thought she could get it with just the EAD but it didn't work. I went to three different licensing centers and they wouldn't let her get the license.

Social security card was a must also, as well as proof of residency in Georgia. I thought that the mailing address on the NOA's would be proof of residency, but it had to be something like joint bank statement, or utility bill with address.

She has her final road test tomorrow lol.

Good luck

[ryna 132]

I have a question regarding getting a driver's license. My wife is on a K-1 visa and just filed for her I-485 on June 13. However, I just learned from some posts that you have to have a GC or an EAD to get a driver's license. I had no idea of this because I just assumed that as long as she has a visa to show that she's not here illegally and as long as we got married within the 90 days, she could get a license. My wife does not plan on working, so we did not fill out the I-765 (for the EAD). So, my questions are:

1) Is there a big difference in the amount of time it takes to process the EAD vs. the I-485? If so, would it be wise to file for an EAD now even though we already filed our I-485 so that she can get her license more quickly?

2) Can she get a learner's permit without having to show a GC or EAD?

I'm posting my state (TN) requirements at the bottom. Out of the documents that they require, I didn't see any that my wife has available. I don't even see EAD on the list of acceptable documents. (See below). Thanks to anyone for their help. I'll probably have to contact the state DMV to find out about the permit, but I wanted to get an idea from everyone else on VJ first. Thanks!

Acceptable Documents for Lawful Permanent Resident Status:

• Permanent Resident Alien Card (I-551)

• Foreign passport stamped by the U.S. Government indicating that the holder has been

"Processed for I-551"

• Permanent resident Re-entry Permit (I-327)

• Arrival Departure Form I-94 with "Temporary I-551" stamp and holder's photograph affixed

• Travel Document issued to Permanent Residents (I-327)

• Travel Document issued to Refugees (I-571)

• Form I-94 stamped with one of the following statuses: Asylee, Parolee or Parole,

Refugee,Asylum, HP-humanitarian parolee or PIP-public interest parolee

Actually, from that list, TN looks like it is one of the more difficult states in that they want something that already shows LPR status (or refugee/asylum status). If that is a complete list, it looks like she'll have to wait for the GC.

You might want to double check TN's NON-Immigrant requirements. Reading it again, these are the LPR requirements. They should have a list for the non-immigrant requirements as well (and K-1 is considered non-immigrant until AOS is approved.)

Edited June 16, 2011 by ryna

[GJen 9]

Each state has different requirements. We live in Georgia and my wife needed her green card for drivers license. I really thought she could get it with just the EAD but it didn't work. I went to three different licensing centers and they wouldn't let her get the license.

Social security card was a must also, as well as proof of residency in Georgia. I thought that the mailing address on the NOA's would be proof of residency, but it had to be something like joint bank statement, or utility bill with address.

She has her final road test tomorrow lol.

Good luck

my advice would be.. go to the DL office and ask yourself! (not being rude) its just the only way to know for sure.. I tried asking on visajourney!.. some ppl said I would be able to get it and other said I wouldn't... I live in Georgia and like DAve said his wife got her license with her greencard... for me it was different! I got my license with my EAD!... EVEN THOUGH We are in the same State.. it worked out for us differently.. I was allowed to get it with my EAD and she wasn't.. so .. everyone has different experience!.. I say you go and ask what you would need .. who knows.. maybe she is lucky and allowed to apply for it only with her SSN and visa

[Faith & Andz 3]

my advice would be.. go to the DL office and ask yourself! (not being rude) its just the only way to know for sure.. I tried asking on visajourney!.. some ppl said I would be able to get it and other said I wouldn't... I live in Georgia and like DAve said his wife got her license with her greencard... for me it was different! I got my license with my EAD!... EVEN THOUGH We are in the same State.. it worked out for us differently.. I was allowed to get it with my EAD and she wasn't.. so .. everyone has different experience!.. I say you go and ask what you would need .. who knows.. maybe she is lucky and allowed to apply for it only with her SSN and visa

Haha, yea, I plan to call or email them about it to make sure. I would still like to get an idea of how long most of you had to wait before you could get your license. Is there a big time difference in the EAD and the GC?

[ryna 132]

Haha, yea, I plan to call or email them about it to make sure. I would still like to get an idea of how long most of you had to wait before you could get your license. Is there a big time difference in the EAD and the GC?

It's really impossible to know. Some people get their GCs before the EAD. My wife got her EAD about a month ago but we've heard nothing more on the GC. If you file for the EAD, you have nothing to lose (although now you will have to wait until you receive your I-797C (NOA1) for AOS before you can file for the EAD without paying since they weren't sent together.)

[Faith & Andz 3]

Actually, from that list, TN looks like it is one of the more difficult states in that they want something that already shows LPR status (or refugee/asylum status). If that is a complete list, it looks like she'll have to wait for the GC.

You might want to double check TN's NON-Immigrant requirements. Reading it again, these are the LPR requirements. They should have a list for the non-immigrant requirements as well (and K-1 is considered non-immigrant until AOS is approved.)

Ah, I see what you mean. Thanks for that tip! I checked under the non-immigrant section, and there is a separate list for an authorized stay (rather than legal permanent residence). These documents are listed below. The only one I could hope for would be the visa w/ the I-94, but her I-94 is already expired =/. I guess it won't hurt to try, though.

-Conditional Resident Alien Card (I-551)

-Valid Foreign Passport with Valid Visa and I-94 attached

(Note: The passport must have an English translation)

-Valid Foreign Passport with I-94W attached

Holders of F1, F2, M1, or M2 status should also present a valid SEVIS I-20

Holders of J1 or J2 status should also present a valid DS-2019

-Temporary Resident Identification Card (I-688)

-Employment Authorization Card (I-766)

[GJen 9]

Well I have been waiting for my greencard for almost 4 months! ... I got my EAD two months after I applied!.. good luck with everything

[ryna 132]

Ah, I see what you mean. Thanks for that tip! I checked under the non-immigrant section, and there is a separate list for an authorized stay (rather than legal permanent residence). These documents are listed below. The only one I could hope for would be the visa w/ the I-94, but her I-94 is already expired =/. I guess it won't hurt to try, though.

-Conditional Resident Alien Card (I-551)

-Valid Foreign Passport with Valid Visa and I-94 attached

(Note: The passport must have an English translation)

-Valid Foreign Passport with I-94W attached

Holders of F1, F2, M1, or M2 status should also present a valid SEVIS I-20

Holders of J1 or J2 status should also present a valid DS-2019

-Temporary Resident Identification Card (I-688)

-Employment Authorization Card (I-766)

They won't issue it on an expired I-94 (and even if it weren't expired, the DL would expire on the same day as the I-94.) The EAD (I-766) is on the list though...

[mattene 13]

it all depends on the particular state. i'm in NH & i did get a license with an expired i-94. i had to take the 40 ques multi-choice test, a practical test, (scary as i've held a uk licence for 20 years), show a notarized statement that i live in NH & have my social security Number. all this before applying for AOS, it wasn't a prerequisite in NH. matt

[ryna 132]

it all depends on the particular state. i'm in NH & i did get a license with an expired i-94. i had to take the 40 ques multi-choice test, a practical test, (scary as i've held a uk licence for 20 years), show a notarized statement that i live in NH & have my social security Number. all this before applying for AOS, it wasn't a prerequisite in NH. matt

Yeah, NH took an anti-Real ID stance. It seems TN did too so, to the OP, check to see if it can be issued on the expired I-94 and/or the NOA1 for AOS when you get it.

Good luck!

On a related note, my wife is going for her Learners tomorrow. FL is a Real ID state so she had to wait for her EAD and name change on SS Card to be processed (although I've heard AOS NOA1 has worked but that may be pre-Real ID info..)

[Faith & Andz 3]

Thanks to everyone for the good advice. I'll take it up there to get her learner's permit and see if they will accept her visa and I-94 as evidence. If not, I guess I'll just have to wait for the GC, and hopefully it won't be too long.

[~happyndinlove~ 540]

Each state has different requirements. We live in Georgia and my wife needed her green card for drivers license. I really thought she could get it with just the EAD but it didn't work. I went to three different licensing centers and they wouldn't let her get the license.

Social security card was a must also, as well as proof of residency in Georgia. I thought that the mailing address on the NOA's would be proof of residency, but it had to be something like joint bank statement, or utility bill with address.

She has her final road test tomorrow lol.

Good luck

When I took my DMV written test, I was only asked for (2) two valid IDs. My passport and GC. And they only asked for my Learner's Permit when I had my road test.

We live in Oklahoma and I agree, each state has different requirements.

Good luck to your wife on her test.

[chicalifornia 0]

As everyone said, the requirements for driver's permit or license are different depending on where you live. I am in CA, and I had to wait for EAD and had to change my last name to married name on my Social Security Card. (I had one in from college days in US.) I advise you

-to get EAD (The paperwork is pretty easy to fill out. just 1 page.) even though you have applied for I-485 already, and

-print the requirement on DMV website as some people working there have no idea with what to do with non-residents. I encountered with a nasty lady who yelled at me and gave me the wrong information in DMV, CA. I know the one in CA is especially notorious but DMV workers are usually very frustrated and always try to make the things easy for them, not for people visiting there, so it may be a good idea to bring the proof that you are there for right reason.

Good luck!!

[simel1110 4]

Not sure where you live but PA needed to see ID, SS card, 2 proofs of residency (utility bill is his name and lease) OR me going in and signing that he lived with me.