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Erik_and_Angela

Drivers License after Fiancee gets to U.S.

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Hey everyone,

 

My fiancee came to the U.S. on her K1 Visa last Friday and we had a question about drivers licenses. We have been working with an immigration lawyer (a family member of mine) and I think he said my fiancee could not get a drivers license until she got her Employment Authorization Document. He might have said she can get it but it would only be valid for the 90 days, but I can't fully remember. We live in Maryland and he is in Pennsylvania so he said he thinks the rules are a little different, but still he doesn't think we can get a license until we get that document.

 

Meanwhile, my fiancee and I went to the MVA today to get her a regular ID in the meantime. We went up to the woman at the counter and were told we needed to bring my fiancee's social security card and I-94 before she could issue a ID. However, the woman said she would be able to renew my fiancee's Maryland drivers license if it was less then a year expired (my fiancee had a J1 Visa that ended in October of 2018).

 

So we are a little confused on the situation. Is my fiancee allowed to get a drivers license and drive a vehicle before she gets her Employment Authorization Document or do we have to wait for that? For those in Maryland (or outside), what has been your experience with getting a drivers license with the K1 visa?

 

 

Thank you!

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1 hour ago, Erik_and_Angela said:

Is my fiancee allowed to get a drivers license and drive a vehicle before she gets her Employment Authorization Document or do we have to wait for that?

According to this web page he would not need to wait for the EAD.  His foreign passport + the "I-797 Receipt Notice" should suffice.  

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~~Moved to Moving Here and Your New Life, from K1 P&P - as this is no longer a K1 topic but a driver license process.~~


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15 hours ago, RLA said:

According to this web page he would not need to wait for the EAD.  His foreign passport + the "I-797 Receipt Notice" should suffice.  

Would it only be good for the 90 days of the K1 Visa or would she be good for the duration until her AOS/green card is complete and onward?

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28 minutes ago, Erik_and_Angela said:

Would it only be good for the 90 days of the K1 Visa or would she be good for the duration until her AOS/green card is complete and onward?

The Maryland driver license pages say:

Immigrants with temporary lawful status in the U.S. will be issued a limited term driver's license or ID card, valid for the duration of their lawful status in the U.S.

 

Her proof of lawful stay will be 90 days which will be noted in her passport at POE. When she gets an EAD card valid for 1 year, that will be proof of valid status for a year.

 

It also says:

Immigrants, presenting foreign documentation without valid accompanying United States Citizenship and Immigration Services documentation, can obtain a federally noncompliant Maryland driver's license or ID card.  Please visit the online document guide for more detailed instructions.

 

They speak of issuing a non Real ID license so go visit the page and figure out what to bring. 

http://www.mva.maryland.gov/drivers/apply/apply.htm

 

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1 hour ago, Wuozopo said:

The Maryland driver license pages say:

Immigrants with temporary lawful status in the U.S. will be issued a limited term driver's license or ID card, valid for the duration of their lawful status in the U.S.

 

Her proof of lawful stay will be 90 days which will be noted in her passport at POE. When she gets an EAD card valid for 1 year, that will be proof of valid status for a year.

 

It also says:

Immigrants, presenting foreign documentation without valid accompanying United States Citizenship and Immigration Services documentation, can obtain a federally noncompliant Maryland driver's license or ID card.  Please visit the online document guide for more detailed instructions.

 

They speak of issuing a non Real ID license so go visit the page and figure out what to bring. 

http://www.mva.maryland.gov/drivers/apply/apply.htm

 

So if I'm not mistaken, it sounds like she can get a license valid until her K1 Visa 90 day period expires, then she can get it once she gets a EAD card. But does that mean she won't be able to drive in between the period where the K1 expires and the EAD is issued?

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