Can my fiance apply for drivers license before he gets a greencard?

[Kimchua23 0]

Can my fiance apply for drivers license before he gets a grrencard/adjustment of status?

[Darnell 8,478]

varies by state - what are the state's requirements?

[the answer is usually not have enough duration of validity on the I-94, the governing doc on legal presence, but you can try]

helpful hint - chase the EAD with the I-485 app, filing fee is waived and he'll have something within 90 days of filing the big AOS set.

most states know what to do with the EAD card when issuing a state driver's license.

you've a computer - can hit yer state's dmv website and study more there?

Edited October 17, 2014 by Darnell

[Ian H. 207]

The validity of the I-94 is irrelevant once the AOS is submitted. Therefore, the pending AOS (NOA1), her EAD, and SSN would be enough to get a DL. If you are given a hard time make them aware of the requirements and ask to speak to a supervisor. If the supervisor also gives you a hard time, complain to their superiors. I will try and get you some info specific for CA.

[Darnell 8,478]

ya, EAD and SSN - only these two, are sufficient IN MOST STATES.

[Dan & Juan 12]

I know our experience in ohio they would issue a license for my wife for only the proof of time she was able to stay in the country. On a CR1 they gave her a 2 year license. When she got a letter extending her CR while she applied for removal they would only renew for one year based on the letter. After we removed conditions she was able to extend for 4 years DL

[Ian H. 207]

Birth date verification and legal presence requirements

The issue of identification reliability, integrity, and confidentiality is of prime concern to all citizens. Eligibility for government services, issuance of various licenses, assessment of taxes, the right to vote, etc., are all determined through evaluations based on identification documents. It is critical that identification documents be authenticated and accurate in identifying each individual. The California driver license and ID card have been declared as primary identification documents in this state by the California legislature.

State law requires every applicant for an original California identification (ID) card and driver license to show verification of birth date and proof of legal presence within the United States to help safeguard the accuracy and integrity of departmental documents.

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.

Only the original or a certified copy of one of the following documents is acceptable:

• US Birth Certificate (certified copy from state or local vital statistics office)

US Certificate of Birth Abroad or Report of Birth Abroad

Federal Proof of Indian Blood Degree

USCIS American Indian Card

Birth Certificate or passport issued from a US Territory

US Passport or US Passport Card

US Military Identification Cards (Active or reserve duty, dependent of a military member, retired member, discharged from service, medical/religious personnel)

Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)

Certificate of Naturalization or Citizenship

Northern Mariana Card

USCIS US Citizen ID Card

Permanent Resident Card

Temporary Resident Identification Card

Canadian Passport/Birth Certificate

Non-resident Alien Canadian Border Crossing Card

Valid foreign passport with a valid Record of Arrival/Departure (form I-94)

"Processed for I-551" stamped in a valid foreign passport

Permanent Resident Re-entry Permit

Refugee travel document

Certified court order or judgment issued from a court of competent jurisdiction. Must contain name, birth date, place of birth, legal presence status, and judge's signature.

Certification from California Department of Corrections or California Youth Authority

Employment Authorization Card

Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP

Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"

Notice of Action (I-797 Approved Petition) - must indicate approved extension of stay or change in status that grants temporary or permanent residency, or indicates that an original, duplicate or renewal Resident Alien card is forthcoming.

Immigration judge's order granting asylum

Mexican Border Crossing Card with valid I-94

U.S. Border Crossing Identification card with valid I-94

http://www.dmv.ca.gov/portal/dmv/detail/dl/dl_info/!ut/p/a1/lZBNa8MwDIZ_yw49GvljSduj2UqypmWHQRf7Ejw7bj0Sxy0mlP362d25lAkkEHp5pUcgoQXp1eyOKrrJqyH3suyat9cNqSvcVMWOY97U9fthc6DVmsEnSJDaxxBPIMw4d3rysfex6_0Cpz6VIWfnvJ2yNmhnQDBaElVYjfolseiZaYzW_ZdBxBLKDKbWsBUIEHJ5d3lRwsc_DbePaFoQ9LJ_2R-TrYondDu6NUPOP4KkcN_ns-SJOpNeY5o9wr49KW3Gd4JjCOO4YkWYf3b1MAf-9AsQLhUC/dl5/d5/L2dBISEvZ0FBIS9nQSEh/?urile=wcm%3Apath%3A%2Fdmv_content_en%2Fdmv%2Fdl%2Fdl_info

[Ian H. 207]

I don't think that was legal on their part because a conditional resident is entitled to the same privileges and immunities as an unconditional LPR. This reminds me of the thread about a guy who couldn't get a gun permit because the state thought that conditional resident aren't LPR's.

Yes, the status is conditional and understand their confusion but even CR's are allowed to petition family members and such. They do have to know the law if they are working for our government. When I experience a discriminatory experience like that I complain and always end up getting my way. I haven't had to take anyone to court yet, because I go prepared with the law by my side.

I know our experience in ohio they would issue a license for my wife for only the proof of time she was able to stay in the country. On a CR1 they gave her a 2 year license. When she got a letter extending her CR while she applied for removal they would only renew for one year based on the letter. After we removed conditions she was able to extend for 4 years DL

[Ian H. 207]

Darnell, you're right. Some state laws are just stupid sometimes. At least the OP lives in CA, which is ok with the EAD.

[Pitaya 2,576]

~Moved from K1 Progress to Moving to the US and Your New Life in America Forum!~

~Similar topics are often discussed at this forum, past K-1~

[7107 6]

Can my fiance apply for drivers license before he gets a grrencard/adjustment of status?

Just get your fiance an International Philippine Driving permit here.

http://www.aaphilippines.org/products.aspx?pages=international-driving-permit

[KrisandNika 1]

I actually tried getting a driver's license last September before submitting our AOS/EAD. But we were told i have to have my EAD first before i can actually apply because my I-94 is about to expire this November. State i live in is in California.