CA DMV refused to let me take my driving test because k1 expires in a month

[ClickityClackity 133]

They said that even if I take the driving test they wouldn't be able to submit anything, so that I have to wait until my green card comes through. Is this correct? Shouldn't they honor the validity of the visa?

 

Thank you!

[igoyougoduke 1,604]

Unfortunately DMV is correct.  you could try getting an AB licence if DL is a must 

[ClickityClackity 133]

9 minutes ago, Donald120383 said:

Unfortunately DMV is correct.  you could try getting an AB licence if DL is a must 

that might take longer than just wait for the NOA1..

[DaveAndAnastasia 2,078]

On 12/6/2019 at 2:08 PM, ClickityClackity said:

They said that even if I take the driving test they wouldn't be able to submit anything, so that I have to wait until my green card comes through. Is this correct? Shouldn't they honor the validity of the visa?

 

It's not exactly correct, but it's true you can't get a regular CA driver's license (or state ID or learner's permit) with just a K-1 visa. You'll need an EAD or green card; depending on where in CA you live you could get the GC first, get EAD shortly before your GC interview, or get EAD months or even a year or more before GC interview. You'll also need a social security number, and something official with your SSN on it (usually your social security card -- also if you keep it as originally mailed rather than tearing off the card, it's a proof of residence too). If you changed your name with your marriage and want to use your card as proof of SSN, you'll need to get your card updated with your married name; they won't consider a marriage certificate sufficient to update it (or at least it didn't work for my wife; we had to get an updated card and try again).

 

The expiration date of the K-1 doesn't matter; you've got a legal stay for 90 days whether you enter the US the day the visa is issued or the day before it expires. If CA were one of the states that let you get a drivers license while the stay granted by the K-1 is valid (and it's not), it would be going by expiration of the I-94 (aka 90 days from POE), not the K-1.

 

[JonSeattle 201]

For others reading this, Washington, Illinois, and New Mexico do allow drivers licenses regardless of visa: https://www.immigrationdirect.com/immigration-articles/can-i-get-a-drivers-license-without-having-a-green-card/

 

I think New York has also recently joined the list.

[Punn 5]

Do you guys have any idea regarding New York State laws... I entered USA on October 1st and still my Green card not arrived yet.... 

for state id and DMV test I need 6 points ...

how can I make it