what are the requirements for my fiance to apply for his drivers license

[GABY Y LUIS 2]

Hey guys my fiancé arrived to the US on May 12, 2013 on a K-1 visa and we applied for his SSN two days after his arrival. He received the SSN within 4 business days and we automatically went to the DMV to apply for his drivers license. When we arrived to the DMV we took his passport, chase bank card, the I-94 printed from online and his SSN card. The lady that attended us said that he needs a work authorization or a original I-94. I'm a little confused about this because according to the NY laws you just have to take valid documents that add up to six points and I have also seen a lot of cases here on visajourney that when the beneficiary arrives they can obtain their driver's license or permit without their work authorization. Can someone please tell me if the lady from the DMV was is not fully aware of the requirements to apply for a driver's license or whats the next step I should take in order for my fiancé to obtain it???

[JohnR! 5,495]

Hey guys my fiancé arrived to the US on May 12, 2013 on a K-1 visa and we applied for his SSN two days after his arrival. He received the SSN within 4 business days and we automatically went to the DMV to apply for his drivers license. When we arrived to the DMV we took his passport, chase bank card, the I-94 printed from online and his SSN card. The lady that attended us said that he needs a work authorization or a original I-94. I'm a little confused about this because according to the NY laws you just have to take valid documents that add up to six points and I have also seen a lot of cases here on visajourney that when the beneficiary arrives they can obtain their driver's license or permit without their work authorization. Can someone please tell me if the lady from the DMV was is not fully aware of the requirements to apply for a driver's license or whats the next step I should take in order for my fiancé to obtain it???

Each state has its own set of rules and regulations when it comes to the issuance of DL and ID cards. In this case the DMV is requesting proof of residence, which he can't yet provide for at this time he is not a resident of the US.

Your fiance can use his current DL in the US for the time being. Once you get married and start the AOS process he should receive his EAD which will afford him the status of resident and with which he will be able to get a DL.

It takes a little time and patience. Good luck!

[eapa34 0]

Is he going to school? My wife had to show them her I-20 and social security but she did has work authorization. Does his ss card say not allowed to work?

[Dave&Roza 748]

Hey guys my fiancé arrived to the US on May 12, 2013 on a K-1 visa and we applied for his SSN two days after his arrival. He received the SSN within 4 business days and we automatically went to the DMV to apply for his drivers license. When we arrived to the DMV we took his passport, chase bank card, the I-94 printed from online and his SSN card. The lady that attended us said that he needs a work authorization or a original I-94. I'm a little confused about this because according to the NY laws you just have to take valid documents that add up to six points and I have also seen a lot of cases here on visajourney that when the beneficiary arrives they can obtain their driver's license or permit without their work authorization. Can someone please tell me if the lady from the DMV was is not fully aware of the requirements to apply for a driver's license or whats the next step I should take in order for my fiancé to obtain it???

In looking here I see the foreign passport with I-94 being 3 points and the SSC adding 2. You are at 5 points. The bank card make it 6. You have to realize that until recently that the I-94 was a paper document and they are now switching to electronc and I bet most DMVs and State government agencies do not realize this. I see two options and maybe three. 1) go back to a CBP POE and get a paper version of the I-94 from them, 2) wait for the EAD or GC to arrive, 3) go back to the USCIS with the link to the I-94 electronic site and have her go there to verify that the paper copy you have is the same as on the website.

Good luck,

Dave

[GABY Y LUIS 2]

Each state has its own set of rules and regulations when it comes to the issuance of DL and ID cards. In this case the DMV is requesting proof of residence, which he can't yet provide for at this time he is not a resident of the US.

Your fiance can use his current DL in the US for the time being. Once you get married and start the AOS process he should receive his EAD which will afford him the status of resident and with which he will be able to get a DL.

It takes a little time and patience. Good luck!

thanks Gegel for you response. I now have a full understanding of what I need to do. one more question though, since now the I-94 is being processed electronically and this is something that is new should my fiancé attempt one more time to see if he can take out his drivers license. I have a feeling that the DMV employee was not aware of this change.

[GABY Y LUIS 2]

Is he going to school? My wife had to show them her I-20 and social security but she did has work authorization. Does his ss card say not allowed to work?

hello, eapa34

My fiancé is not going to school and the SSN card has a writing on it and it says "valid for work only with DHS authorization" was this the same writing on your fiancé's SSN card??

[JohnR! 5,495]

thanks Gegel for you response. I now have a full understanding of what I need to do. one more question though, since now the I-94 is being processed electronically and this is something that is new should my fiancé attempt one more time to see if he can take out his drivers license. I have a feeling that the DMV employee was not aware of this change.

If he has the time it will not hurt him to give it another try. If he does so, have him take along a printout of the USCIS page where they communicate the new procedures involving the electronic I-94. For all we know - and it may very well be the case - the DMV is not aware that 'original' I-94s are all but extinct...

[GABY Y LUIS 2]

In looking here I see the foreign passport with I-94 being 3 points and the SSC adding 2. You are at 5 points. The bank card make it 6. You have to realize that until recently that the I-94 was a paper document and they are now switching to electronc and I bet most DMVs and State government agencies do not realize this. I see two options and maybe three. 1) go back to a CBP POE and get a paper version of the I-94 from them, 2) wait for the EAD or GC to arrive, 3) go back to the USCIS with the link to the I-94 electronic site and have her go there to verify that the paper copy you have is the same as on the website.

Good luck,

Dave

Thanks Dave&Rosa these are awesome options and i'll consider them all until I obtain my goal.. if any of these work i'll keep you posted.

[GABY Y LUIS 2]

If he has the time it will not hurt him to give it another try. If he does so, have him take along a printout of the USCIS page where they communicate the new procedures involving the electronic I-94. For all we know - and it may very well be the case - the DMV is not aware that 'original' I-94s are all but extinct...

hahaha thanks once again you have been very helpful and I will definitely try one more time.

[Ms Hogan 295]

In OH they needed to see my SSN, Ontario license, proof of residency (I already had my green card but they would have accepted the stamp in my passport), and they also wanted to see mail in my name to show local residency. I had to do a written test and a driving test! Good times!

[TBoneTX 45,536]

*** Thread moved from CR-1 Process forum to Moving Here & Your New Life forum -- not a CR-1 process issue. ***

Edited May 31, 2013 by TBoneTX

[eapa34 0]

hello, eapa34

My fiancé is not going to school and the SSN card has a writing on it and it says "valid for work only with DHS authorization" was this the same writing on your fiancé's SSN card??

Yes it does say that.