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L and E

CA DMV drivers license

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Filed: K-1 Visa Country: Colombia
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I have made an appointment at the DMV for my husband to get his drivers license. He has his social security number but I was wondering.. what proof do we have that he is here legally? We received the action notice that says they received his i485 and work and travel applications... Is that what he needs to prove that he is here legally? Also same question applies to airlines.. is it a good idea to fly within the US before he gets his approvals? Just sort of in limbo here as to his legal status.

 

If anyone has experience getting a drivers license in CA after arriving on a k-1 I would greatly appreciate anyone to share their experience/tips

 

Thanks!

 

 

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Filed: K-1 Visa Country: Wales
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EAD is usually what they want to see. CA does have AB60.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Immigration is controlled at the federal level, not at the state level. So he is allowed to travel domestically.

 

CA DMV is unlikely to even recognize NOA's and what they mean. Their website also doesn't list NOA's as proof of residency or identity. Best to wait for the EAD.

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Filed: K-1 Visa Country: Colombia
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36 minutes ago, mushroomspore said:

Immigration is controlled at the federal level, not at the state level. So he is allowed to travel domestically.

 

CA DMV is unlikely to even recognize NOA's and what they mean. Their website also doesn't list NOA's as proof of residency or identity. Best to wait for the EAD.

is TSA state level or federal? Idk the flying without documents scares me.. anyone have experience flying domestically while awaiting EAD? am I worried about this for no reason?

 

 

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18 minutes ago, L and E said:

is TSA state level or federal? Idk the flying without documents scares me.. anyone have experience flying domestically while awaiting EAD? am I worried about this for no reason?

TSA is federal but their job is security and safety of air travel, not immigration checks. CBP takes of immigration when people enter the US from international travel. They're the only ones who ask about your status upon entry. I traveled domestically last year only 3 months after filing. No EAD and nobody asked me about my status. So yes you're worrying for no reason. Carry his NOA's though if you wanna be safe.

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Filed: Citizen (apr) Country: Canada
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Filed: K-1 Visa Country: Colombia
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6 hours ago, mushroomspore said:

TSA is federal but their job is security and safety of air travel, not immigration checks. CBP takes of immigration when people enter the US from international travel. They're the only ones who ask about your status upon entry. I traveled domestically last year only 3 months after filing. No EAD and nobody asked me about my status. So yes you're worrying for no reason. Carry his NOA's though if you wanna be safe.

Cool, makes complete sense. Thanks for explaining. I think we'll leave the NOAs at home in a safe place 😉

 

 

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Filed: K-1 Visa Country: Colombia
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8 hours ago, Boiler said:

EAD is usually what they want to see. CA does have AB60.

So would it be beneficial to use our appointment to get just a CA id card instead of a driver's license which now I see he is not eligible to get yet?

 

 

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Filed: Citizen (apr) Country: Brazil
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He can travel domestically with his passport from his country of origin as proof of identification.  No need for anything else.  And California DMVs are difficult so make sure you have all the documentation listed on their website and have plenty of patience for the long wait once you get there, even with an appointment it can take hours.  Good luck!

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  • 2 weeks later...
Filed: K-1 Visa Country: Colombia
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Just wanted to update the info here... went to the CA DMV office today and my husband was able to get his permit. He will be able to get his license after passing his behind the wheel test but just fyi, they accepted his I-797C (gave them all of those related to the AOS process) and they said because it is "in process" and not "denied" they will be able to use the documents to issue him a DL valid for one year. When he gets his EAD we can go back and update the length of validity of his license. 

 

Long story short, if you are waiting on EAD, you DO NOT have to wait to get a DL in California. Bring your Notice of Actions (along with all other required documents) and they should accept those for the time being :) 

 

 

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