Driver's license in California

[mad1nola 4]

If anyone here is in California please give my husband and I some advice on how to get his driver's license. He arrived in Dec '12 on K-1 Visa and his I-94 will expire in March. We has His SS# already but no card(it didn't come in mail and we had to go back to office to get #), still haven't received card and we had a difficult time trying to get his DL. We were told that he could take both tests, but could not get the license until he gets his green card, which may take anywhere from 3-6 months(if we're lucky) and by then the i-94 will have expired and so they couldn't issue it. Can he drive on his country's license until he get his license here or not?

[dreed 4]

If anyone here is in California please give my husband and I some advice on how to get his driver's license... Can he drive on his country's license until he get his license here or not?

It depends if your husband is a "resident" or a "visitor." If just "visiting" California, then he can drive on his country's license as long as it remains valid in the country that issued it. If he's a "resident" then he must get a California driver license within ten days of becoming a resident (if he wishes to drive).

By marrying and moving into California to be with you, he has likely established residency. Regardless, the act of applying for a California driver license is enough to establish the presumption of residency. It doesn't matter that it hasn't been issued.

[dreed 4]

If anyone here is in California please give my husband and I some advice on how to get his driver's license. He arrived in Dec '12 on K-1 Visa and his I-94 will expire in March. We has His SS# already but no card(it didn't come in mail and we had to go back to office to get #), still haven't received card and we had a difficult time trying to get his DL. We were told that he could take both tests, but could not get the license until he gets his green card, which may take anywhere from 3-6 months(if we're lucky) and by then the i-94 will have expired and so they couldn't issue it. Can he drive on his country's license until he get his license here or not?

To answer the rest of your question(s) check out this page at the CA DMV website. Basically, CA does not require the SSN if legally present in the United States and you can provide the necessary documentation. A valid foreign passport with I-94 should be enough.

[del-2-5-2014 1,339]

Maybe try a different office in an area where there are more immigrants.

[mad1nola 4]

To answer the rest of your question(s) check out this page at the CA DMV website. Basically, CA does not require the SSN if legally present in the United States and you can provide the necessary documentation. A valid foreign passport with I-94 should be enough.

Thanks for the response. I read on the DMV website tonight that he can drive on his country's license. However, you are correct re: residency law in CA. You must change to CA licensure after 20 days in state. The problem is that we have already applied for his license but he will not get it until he gets his green card because his legal presence in the states according to i-94 expires march 14 and we didn't apply until after we received his ssn which I find out now is not even needed.

So does this mean he will not be legally able to drive in California until he get the green card? Or will getting his EAD remedy this problem?

[reese1 68]

Have you filed for the AOS yet?

[newacct 688]

A valid foreign passport with I-94 should be enough.

However, his I-94 expires in March. According to this, he can't complete his licensing if his I-94 expires in less than 60 days; he can't even start the process if his I-94 expires in 30 days.

So does this mean he will not be legally able to drive in California until he get the green card? Or will getting his EAD remedy this problem?

Yes, EAD is listed as one of the accepted legal presence documents.

[dandk 72]

However, his I-94 expires in March. According to this, he can't complete his licensing if his I-94 expires in less than 60 days; he can't even start the process if his I-94 expires in 30 days.

Yes, EAD is listed as one of the accepted legal presence documents.

We were denied when we applied for CA State ID card back in December due to I-94 was less than 60 days from expiration. We were told to wait for either our EAD or GC to re-apply for either State ID or Driver License.

[mad1nola 4]

Have you filed for the AOS yet?

Yes, but just last week! It has been accepted so now we are just waiting. The EAD/AP or in initial review. We are awaiting the hard copies in the mail now.

[mad1nola 4]

We were denied when we applied for CA State ID card back in December due to I-94 was less than 60 days from expiration. We were told to wait for either our EAD or GC to re-apply for either State ID or Driver License.

We were denied also. but he doesn't have to re-apply unless it takes more than a year for him to get green card. They took the money $32. and said he could take both driving and written tests that day or whenever and they would stay on file for 1 year. He wouldn't have to do that again but after 1 year he would have to re-apply and do the tests again.

[Brother Hesekiel 2,236]

If anyone here is in California please give my husband and I some advice on how to get his driver's license. He arrived in Dec '12 on K-1 Visa and his I-94 will expire in March. We has His SS# already but no card(it didn't come in mail and we had to go back to office to get #), still haven't received card and we had a difficult time trying to get his DL. We were told that he could take both tests, but could not get the license until he gets his green card, which may take anywhere from 3-6 months(if we're lucky) and by then the i-94 will have expired and so they couldn't issue it. Can he drive on his country's license until he get his license here or not?

Yes,

he can drive on his current license until he has become a resident and can prove it, or for up to one year max, whatever comes first.

[TBoneTX 45,469]

*** Thread moved from main AOS/Family-Based forum to the Moving Here & Your New Life forum -- topic is not about the AOS process itself. ***

[bigdog 376]

As more states transtion to the enhanced DL's this will be a problem across the US. As usual get your Social ASAP, then attempt to get the DL, we got lucky in AZ, got the social, learners permit and DL before the expiration of the I94 by days.. Ca law applies and DMV rules RULE, EX CA resident.. Good Luck.

[I AM NOT THAT GUY 5,715]

To answer the rest of your question(s) check out this page at the CA DMV website. Basically, CA does not require the SSN if legally present in the United States and you can provide the necessary documentation. A valid foreign passport with I-94 should be enough.

Only if the I-94 is valid for a 60 days or more. K-1's usually cannot get a license until they physically possess an EAD or a green card. The license will expire when the lawful presence document does. The K-1 Visa is one use only, and expired upon entry at the POE.

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

[I AM NOT THAT GUY 5,715]

Yes,

he can drive on his current license until he has become a resident and can prove it, or for up to one year max, whatever comes first.

California residency is presumed. It is one of the easiest things to establish. Something as simple as having your name on a utility bill will do it.