AOS, EAD, and Drivers License (California, K1)

[Jon&Margz 132]

Hi Folks!  Haven't posted in a while.. So far - so good:  Met online May 2016,  Met July 2016, Applied for K1,  Interview Jan 2017 (approved), Arrive US ... Married on Valentines day YAY

After my wife passed the written exam for CA drivers license to obtain permit.  I'm helping teach her to drive .. and she is taking lessons.  We also have applied for Adjustmt of Status and Work Permit (EAD).

 

QUESTIONs:  The CA Drivers permit expires the same date as her Fiance Visa date (5/9/17).  Does anyone know or have experience with CA Drivers License during the Adjustment of Status period?  Will DMV extend the Drivers License expiration with a work permit?  Or another document?  (I'm worried we have to wait until Green Card issued for valid Drivers License... which makes no sense because EAD comes w/in 90 days .. how does she "drive" to work?)

 

Thanks for any guidance! VJ is always helpful

[jakartausa 28]

I cant believe there is no answer for this. CA is one of the few states I think that actually allows and has provisions in the CA law for immigrants to obtain a drivers license who cannot prove legal residence in the USA

 

Assembly Bill (AB) 60 (Chapter 524: Statutes of 2013) requires the department to issue an original driver license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency.

 

Here are the steps to apply for the AB60 drivers license:

 

https://www.dmv.ca.gov/portal/dmv/detail/ab60

[sv3tka 5]

18 hours ago, jakartausa said:

I cant believe there is no answer for this. CA is one of the few states I think that actually allows and has provisions in the CA law for immigrants to obtain a drivers license who cannot prove legal residence in the USA

 

Assembly Bill (AB) 60 (Chapter 524: Statutes of 2013) requires the department to issue an original driver license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency.

 

Here are the steps to apply for the AB60 drivers license:

 

https://www.dmv.ca.gov/portal/dmv/detail/ab60

I wouldn't jump straight to an AB-60 license. From what I gather - the processing times are quite long for it. 

 

If the OP has their ducks in a row and can file all the paperwork ASAP, they may get the EAD within the "magic" 90 day window. Although at this stage, there will still be some lapse in DL validity, since it will expire before EAD comes in, plus to add any delay in processing the DL renewal forms once the EAD comes in. It really depends how much an uninterrupted driver's license is needed in this situation. Plus, part of me just doesn't want to apply for anything that is meant for people with no legal status. I know that by CA law it cannot be discriminated against, but go figure where else and how else that information is used. Just my suggestion.

[jakartausa 28]

2 hours ago, sv3tka said:

I wouldn't jump straight to an AB-60 license. From what I gather - the processing times are quite long for it. 

 

If the OP has their ducks in a row and can file all the paperwork ASAP, they may get the EAD within the "magic" 90 day window. Although at this stage, there will still be some lapse in DL validity, since it will expire before EAD comes in, plus to add any delay in processing the DL renewal forms once the EAD comes in. It really depends how much an uninterrupted driver's license is needed in this situation. Plus, part of me just doesn't want to apply for anything that is meant for people with no legal status. I know that by CA law it cannot be discriminated against, but go figure where else and how else that information is used. Just my suggestion.

Oh I agree yet I was just providing info in case they really wanted to pursue another avenue. In my case my wife is just taking the bus to school and back and to wherever she wants until she gets her EAD or at worst GC. Then I will get her into the DMV but for now everything is so close she can just take the bus. Plus we have only one car so she cant really drive anywhere anyways BUT it would be nice to have her DL in case I want to drink or I dont want to drive etc. 

[Jon&Margz 132]

Thanks for the feedback everyone.  A quick update:   When we initially went to get a driver's training permit (February) we took:  US Social Security Card, Marriage Certificate,  Philippines Passport.  The CA DMV representative said "it was fine".  When my wife got to the test window - the lady said "no".  UGH! (I had left to return to work already - so I had to run down to the DMV again).  They accepted my ID along with her paperwork to obtain a drivers permit.  The permit, however, expired on the same date as the K1 visa stamped in her passport (90 days), even though we had sent in AOS /EAD paperwork.   When we discussed the AB60 drivers license - the lady was very aggressive saying "If you tell us she has no papers ... this could later become a serious violation if the State learns she DOES have papers".   Maybe the lady wanted to scare us?  It just seems the State penalizes anyone doing immigration the RIGHT way... and accommodates any "undocumented" immigrants.

 

PS - we applied for AOS/ EAD late February (papers received in early March 2017).  We hoped/expected 90 days for EAD.  NOPE!  120 days later we received an RFE for the EAD asking my wife to send a notarized Statement of Name (where she lists her married name, maiden-name, and any other aliases).  No Government form is available - we just had to create something.  We wrote out a statement declaring her married name and prior maiden name.. notarized it .. sent the statement along with copy of marriage certificate.  2 weeks later we received letter saying EAD approved (we're now waiting for EAD card). 

 

Once we get the EAD card - we will again try to obtain her drivers license (fingers crossed).

 

Hope this info helps other struggling to know the right steps to take in CA. 

[Karlzy 20]

I just went through the joyful California DMV experience. haha. 

 

When your wife has her EAD card, she will be able to get her CA License again. The EAD card, is what "establishes residency" and legal status in CA, according to the DMV here. 

 

I'm afraid there's not much more to do, other than wait at this point. (As someone else mentioned, I think the AB60 wait times will exceed the time is takes to get the EAD). 

[JT4 3]

I just got my DL too last Wednesday (Aug 23rd) from Kauai DMV, HI. I got my permit a couple of weeks ago, and just got the time to do the road test last Wed and passed and got my DL. It expires Sept 8 LOL (in accordance to admission stamp on my passport or on I-94). But the lady said once I submitted my AOS application and received NOA1 from USCIS, I could try to go back and see if they could extend my DL. We'll see I guess.

[goodlulck52 69]

11 hours ago, JT4 said:

I just got my DL too last Wednesday (Aug 23rd) from Kauai DMV, HI. I got my permit a couple of weeks ago, and just got the time to do the road test last Wed and passed and got my DL. It expires Sept 8 LOL (in accordance to admission stamp on my passport or on I-94). But the lady said once I submitted my AOS application and received NOA1 from USCIS, I could try to go back and see if they could extend my DL. We'll see I guess.

Does that mean the money you spent only gets you through Sept 8? Hopefully you would not have to pay another fee for extending the driver's licence.

 

I think I am going to be in the same boat soon.

 

 

[JT4 3]

On 8/27/2017 at 8:33 PM, goodlulck52 said:

Does that mean the money you spent only gets you through Sept 8? Hopefully you would not have to pay another fee for extending the driver's licence.

 

I think I am going to be in the same boat soon.

 

 

I think so... I think I'm gonna have to pay again once I get to extend my DL, just because I think I won't get my NOA1 for AOS before my DL expires. Haven't sent the package, probs tomorrow morning.

 

I paid more for the permit, like $19, and the DL I paid $14

[ShibaYuri2428 14]

Reviving this topic as I'm also looking for answers. 

 

We're still waiting on our K-1 Visa to be approved.  Once it is, we will likely move to California and get legally married within 1-2 weeks. 

 

After we getting married, we will apply for Adjustment of Status (AOS) and the Combo card to get work authorization (EAD) and permission to travel out of the country.  From what I know, the wait time is several months.  

 

Within the several months, what is the best route for her to be able to drive?  We'll be in the suburbs, so if she can't drive, she will stuck at home when I'm not around which would suck. 

 

She has a valid Chinese drivers license.  So if she was just visiting, she could drive using that, but apparently after applying for AOS, she won't be considered "visiting the USA" and so then that wouldn't be valid anymore either.  

 

Looks like illegals are applying through AB60, but that's not advised because the wait times to get AB60 might exceed the wait times to get EAD and it's not intended for people following the normal legal process to apply the AB60 as there could be consequences. 

 

Any advice on the best path? 

 

 

[Jon&Margz 132]

19 hours ago, ShibaYuri2428 said:

She has a valid Chinese drivers license.  So if she was just visiting, she could drive using that, but apparently after applying for AOS, she won't be considered "visiting the USA" and so then that wouldn't be valid anymore either.  

 

 

 

For my situation (In CA) - DMV did not accept my wife's EAD (work permit) to issue a drivers license #.   They required her to present the green card and her driver's license issue/expiration date mirrors the dates of her green card.  We are at the point of filing to "remove conditions".  A  new green card isn't issued - rather an extension letter will be sent to us.  My understanding - DMV will accept the extension and continue her license. 

 

With respect to driving with an International License -  I don't know the State Laws which govern the legality or not (my wife didn't have an intl license). I suspect States vary on how they view an Intl License.  You indicated once you file the AOS she's not "visiting".. HOWEVER she's not a citizen and can be denied a green card.. so this is a gray area.   What I can tell you (I'm an insurance agent) - If she is going to drive - you will need to acquire auto insurance for you and her.  Not every auto insurance company will accept a driver with an Intl License - but there are some that do.   Making sure you have the financial protection (in case she were involved in an accident) with a company who approves the intl license is really important.  You don't want to be in a situation where your insurance company denies an accident claim and you're fully responsible for all damages.  

[ShibaYuri2428 14]

1 hour ago, Jon&Margz said:

For my situation (In CA) - DMV did not accept my wife's EAD (work permit) to issue a drivers license #.   They required her to present the green card and her driver's license issue/expiration date mirrors the dates of her green card.  We are at the point of filing to "remove conditions".  A  new green card isn't issued - rather an extension letter will be sent to us.  My understanding - DMV will accept the extension and continue her license. 

 

With respect to driving with an International License -  I don't know the State Laws which govern the legality or not (my wife didn't have an intl license). I suspect States vary on how they view an Intl License.  You indicated once you file the AOS she's not "visiting".. HOWEVER she's not a citizen and can be denied a green card.. so this is a gray area.   What I can tell you (I'm an insurance agent) - If she is going to drive - you will need to acquire auto insurance for you and her.  Not every auto insurance company will accept a driver with an Intl License - but there are some that do.   Making sure you have the financial protection (in case she were involved in an accident) with a company who approves the intl license is really important.  You don't want to be in a situation where your insurance company denies an accident claim and you're fully responsible for all damages.  

Thanks for the feedback!  I agree that insuring financial protection with a company who approves the international license is imperative. 

 

If your wife didn't get her driver's license, how long did it take to get from landing the US (via K-1) until receiving her drivers license?   That must have taken ages - 8 months?  For us, it be super painful and inconvenient for her if she has to wait more than 2-3 months, given our location. 

 

You didn't try any other DMW offices to get them to accept your EAD?  Seems other people were able to get the license after receiving the EAD, haven't heard of that being denied before.   

[Jon&Margz 132]

31 minutes ago, ShibaYuri2428 said:

If your wife didn't get her driver's license, how long did it take to get from landing the US (via K-1) until receiving her drivers license?   That must have taken ages - 8 months?  For us, it be super painful and inconvenient for her if she has to wait more than 2-3 months, given our location. 

 

You didn't try any other DMW offices to get them to accept your EAD?  Seems other people were able to get the license after receiving the EAD, haven't heard of that being denied before.   

My wife arrived in February 2017.   She had a Driving "Permit" (not the actual license) in March ... but the expiration date on the permit was May 2017 (the same as her K1 visa).    She was not able to drive until we received her green card (8-9 months).   We did speak with 2 different DMV offices - both gave us the same answer.  My wife's drivers license now has the same expiration date of her green card.   For those people who received a license using an EAD - what expiration date is listed on the license?     People who say DMV accepted the EAD:  1) could be in another state - not CA,   2)  we could have spoken with "less informed" workers - it's possible.   I was not able to find any details online at CA DMV to discuss legal immigrants and issuing licenses .. so we're forced to accept the word of a DMV employee each time.

 

We were fortunate to live near shopping and a business district.   My wife found employment with a Senior Living Center (She's an RN) close by where she could walk to work (1/2 mile away).   She did often complain about being home - so we often went out for meals,  shopping, weekend excursions.   

[ShibaYuri2428 14]

12 hours ago, Jon&Margz said:

My wife arrived in February 2017.   She had a Driving "Permit" (not the actual license) in March ... but the expiration date on the permit was May 2017 (the same as her K1 visa).    She was not able to drive until we received her green card (8-9 months).   We did speak with 2 different DMV offices - both gave us the same answer.  My wife's drivers license now has the same expiration date of her green card.   For those people who received a license using an EAD - what expiration date is listed on the license?     People who say DMV accepted the EAD:  1) could be in another state - not CA,   2)  we could have spoken with "less informed" workers - it's possible.   I was not able to find any details online at CA DMV to discuss legal immigrants and issuing licenses .. so we're forced to accept the word of a DMV employee each time.

 

We were fortunate to live near shopping and a business district.   My wife found employment with a Senior Living Center (She's an RN) close by where she could walk to work (1/2 mile away).   She did often complain about being home - so we often went out for meals,  shopping, weekend excursions.   

Thanks for the info.  Can I ask what identity document you provided to get the Driving Permit? 

 

I see some information here, but the "Identify" link is not working.  https://www.dmv.ca.gov/portal/dmv/detail/dl/checklists/permit_over18

 

 

 

 

 

[Jon&Margz 132]

6 hours ago, ShibaYuri2428 said:

Thanks for the info.  Can I ask what identity document you provided to get the Driving Permit? 

 

 

 

 

 

 

We brought to DMV:  

1. Passport showing K1 Visa

2. Marriage Certificate

3. Social Security Card

 

I would advise your being with her at the DMV.   They required to see my ID card as well  (I can't remember why but it had something to do with verifying the Marriage Certificate or one of the "necessary" items on their DMV checklist)