Ohio Driver's license with IR1 visa and I551 stamp

[garebear397 104]

Just wanted to share experience getting my wife's Ohio driver's license after recently immigrating with a IR1 visa, in case it is helpful to others. In Ohio driving is very necessary to live regular life (no good public transportation), so we wanted to make sure my wife could drive soon after immigrating. I am still not 100% if she would have been able to drive with her foreign Chilean license before getting Ohio license -- because visitors are permitted to drive for up to 90 days with a foreign license, but she technically is not a "visitor". And even if legally allowed to drive, there is also a question if my insurance would cover her, because they require everyone living in the same household to be named in the policy (and with local a local driver license) -- insurance will typically cover someone borrowing your car, but again my wife is not "borrowing", she is living with me. All that to be said, that getting her Ohio driver's license ASAP was a big priority for us, i.e. before she would receive her physical green card. 

 

So for Ohio, for a new driver's license (no reciprocal agreement with Chile), you need to first get your "temps" (temporary permit) -- which requires passing the written test, either online (proctored) or at the BMV (no typo, it is BMV not DMV in Ohio). Once you pass the test you have to go to the BMV and show proof of the following: legal presence in the US, photo ID with proof of name / DOB, proof of SSN, and proof of Ohio Residence. Foreign passport / US visa works for photo ID, and luckily we had been married a while so we already had my wife's name on bank accounts and credit cards that showed her Ohio residence, because sometimes that can be a bit tricky as a new immigrant. And because my wife had lived in the US previously, we had her SSN before she even immigrated again -- though they even list that requirement as "if assigned", so may not be 100% needed. The big question was how the local BMV officers would handle the I551 stamp with her IR1 visa as "proof of legal residence".

 

For all of us experts in immigration, and for USCIS, it is abundantly clear that the I551 stamp serves as proof of residence, as even on the IR1 visa it says: "UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR." But this is not so clear to the BMV workers. The first time we went to the BMV, the first worker my wife interacted with didn't seem sure at all, and kept asking her for her green card. But she was finally able to speak to the office manager, and she was much more familiar with the process and cleared her to get her "temps." After getting the temps, you need to pass a driving and maneuverability test, after which we had to go back to the BMV -- and the fun part is we have to present all the same proof again, for some reason. This second time, again the initial worker seemed to have 0 idea what this visa and stamp was, and spent a lot of time on the phone talking to someone about if it was acceptable. After the phone call she was ready to accept it, but said we needed to mark that my wife was a "temporary resident". I tried a bit to explain that she isn't a "temporary resident", rather the stamp is "temporary evidence for permanent residence" -- but it was no use, and I wasn't going to push it too hard anyway. 

 

So after all that, she was issued her Ohio Driver's License, though it does only have validity up until the 1 year mark on her I551 stamp -- which I was expecting. So she will have to go back after a year to renew, with her physical green card in hand to get the normal 4 or 8 years of validity. 

 

Again just wanted to share, because there is limited information on this topic state-by-state, so hopefully can help someone in the future! 

 

 

[Tesco 103]

I had a similar experience with my Florida ID Card. Eventually the DMV issued the state ID after well over an hour of discussion with the ‘back office’. It’s REAL ID, so at least the documentation is complete for when I go and eventually take my driving test. Need to get used to driving on the right with a steering wheel on the left! Not a priority for me right now though.