Hi all

I've just got my learner's driving license from the California DMV which is really exciting but they have only granted it till my K1 visa expires, in early July. If I don't take my test before then, I'll have to do the whole application again. Furthermore, they said that it would be a waste of time applying anyway, as they will not grant me the full license with my current immigration status as I'm not legally allowed to stay for long enough.

I'll by filing my AOS in a few weeks, I understand that after that, I'll have a NOA from USCIS - but the DMV won't accept this as proof of legal residence, however temporary. So, as far as I can see I'll have to stop learning to drive and stay out of the car until my EAD card arrives, which could be three months - then do my provisional test again. Quite inconvenient as I'll probably be looking to do the test around July anyhow.

Does anyone know if there is a way around this? Can I get some letter from USCIS to provide the DMV that says I have a right to remain at least until the AOS has been processed?

To my knowledge, no.

We had similar issues with my husband's Arizona State ID after his arrival on a K-1.

Rene

You say "I'll have to stop learning to drive" - this means you do not have a drivers license in the country you came from?

When my wife came to the USA, because she faced the same issue of the BMV considering her to be in the USA temporarily until she became a PR, she drove on the basis of her foreign license. Most, if not all, states allow a 'visitor' to drive in the USA if they are licensed in their home country.

Regards, JEff

Terminology is important here... while you are allowed to remain in the US under "color of law", I don't believe you actually have the right to remain in the US until your AOS is adjudicated.

I'm sure someone will be along shortly to nitpick about this.

Ian

Yes, that's correct. I never needed, or wanted particularly, to learn to drive in England, and I have no license anywhere. But living here in LA, driving is pretty much a necessity so I want to get licensed as soon as possible.

Right to remain, legal residence, whatever you call it I'll be living here with their knowledge, under their terms, so surely I have some legal right to be here that allows me to drive a car?

Your notice of receipt for AOS might suffice?

"Notice of Action (I-797 Approved Petition) – must indicate approved extension of stay or change in status that grants temporary or permanent residency, or indicates that an original, duplicate or renewal Resident Alien card is forthcoming. "
http://dmv.ca.gov/dl/dl_info.htm#BDLP

Certainly your EAD, when it arrives. Do you need to get a learner's permit first?

Sounds like that's what she has, a learner's permit which will expire in a couple of months.

Rene

At least they are going by the K-1 expiration date. For my husband, they first went by his I-94 expiration date. Then when he didn't have his EAD by that date, they used the K-1 expiration date. Then he got his EAD and got an ID valid for 1 year. Then he got his conditional green card and they gave him an ID valid for 2 years. Then he got his 10 year green card and he skipped replacing the ID altogether until be became a USC, and now he has an ID that's valid "indefinitely". Only took 6 years to get that. LOL

Rene

I don't think the Receipt Notice meets the requirement as stated. The Receipt Notice does not indicate "approved" nor does it indicate that a green card is "forthcoming" - those things would require an Approval Notice. Although, DMV people who don't understand immigration might not appreciate the difference between a Receipt Notice and an Approval Notice - seeing "Notice of Action" and "I-797" on the paper might be all they have to see.

An EAD might very well work.

Regards, JEff

It varies somewhat by state. I was in the same situation here in Vermont, I couldn't get a learners permit of any kind at all until my green card arrived. I'm now learning to drive :-O

See if you can talk to somebody senior who will call the main office for your state. I was able to use my AOS receipt in OH but it took some convincing. You may get lucky, you may not but you will only lose time (and maybe patience) by trying.

Last year I took my Notice for AOS to the DMV in Virginia and they said that was good enough to give me a drivers license for 1 year. Virginia is a very hard state to get a license from what I've read, even your EAD isn't good enough here.....Hopefully it'll be the same in Cali.

Edit: Just to be clear it wasn't one saying that I was approved. Just the one saying that I had applied for AOS and they had received my application.

Don't confuse federal and state government jurisdiction. While the federal government may allow you to stay, state government is the one that sets the terms for driving in that state. Their sandbox, their rules.

And, respectfully, there is no "legal right to be here that allows [you] to drive a car". Being here is a federal process... driving a car is a state process. There is not now, nor has there ever been a right to drive a car.

Ian

It's a bit unclear, but there's no harm in going along there with my notice of reciept and trying it on. The wose that could happen is they say no.

[quote=meauxna]For sure, it's on the list. But that could take months.

Ooops, I said that wrong before, I meant that they went by the I-94 date as they did for your husband. But your story gives me hope that I might be able to persuade them to extend it till my K1 expiry, by which time I really should have my EAD card.

Thanks, that gives me hope too!

I'm not sure if you get what I'm trying to say. After my I-94 expires, but before any EAD or green card is issued, I have a right to be in the USA, right? But no paperwork to prove that is the case. The DMV need proof that am entitled to be living in the USA before they will extend my license. I'm aware that they have different legislation to follow, but that's not really the point. The point is that during that period, I will have no such proof (from federal govt.) to prove my "legal presence" (or whatever technical term you want to use) to the DMV.

However, the suggestions in the thread have been very helpful, thanks all.

I too live in CA and went to the DMV to get a licence --- i was told i could drive on my UK licence till i became a PM then i would have to take the test --however i cant get a permit to drive on my uk licence cos i have less than 60 days left on my I-94! I was told that i can contact whoever i need to to get it extended......hmmm the date on the I-94 is just the date as i understand it by which i have to get married and apply to AOS......I dont get the correlation between this date and driving.......so no driving for me right now!! Im going to forget how to drive let alone pass a test 30 years after my first one!