Help With Driver's License

[brad]

I took Amy (my SO) to the Texas Department of Motor Vehicles this morning to take her written driver¡¯s test. The government clerk looked at her passport noticed that the K1 visa was good for 90 days and told us she could not start the process of obtaining a driver¡¯s license for a period of one year after she entered the country. She also mentioned we need a green card. We left not knowing the law well enough to debate the process.

 

Amy arrived in the US on a K1 visa, March 25, we married April 25th. We have applied for AOS, which is pending.

 

I am not sure what the law is concerning obtaining a drivers license and am looking for advice, preferable from someone in Texas with a similar K1 experience.

[Randy W]

Get her an SS card NOW, if she doesn't already have one. I'm not sure if it's necessary, but they do ask for it. You need to apply before 75 days have passed from her arrival.

 

Then go to a different office. That 1 year business is BS, as is the green card (not needed).

Edited May 23, 2007 by Randy W (see edit history)

[dnoblett]

Sounds like either they changed the rules, or did not know how to handle the K-1 holder.

 

New residents from out-of-country:

• Proof of Identity. 37 Texas Administrative Code 15.24.
  
• Proof of Social Security Number. (If you do not have a Social Security Number, you will need to complete a Social Security Affidavit (DL-13) form.) 37 Texas Administrative Code 15.42, Texas Transportation Code 521.044.
  
• Proof of Texas vehicle registration and liability insurance, if you own a vehicle. Texas Transportation Code 521.143.
  
• Complete required forms available at any Texas Driver License office.
  
• Pay the required fee. 37 Texas Administrative Code 15.40, Texas Transportation Code 521.421.
  
• Pass the written, driving* and vision examinations. 37 Texas Administrative Code 15.51, 37 Texas Administrative Code 15.52, 37 Texas Administrative Code 15.56, Texas Transportation Code 521.161.
  
• Application must include photograph and thumbprints; however, thumbprints are not included on the driver license. 37 Texas Administrative Code 15.44, 37 Texas Administrative Code 15.45, Texas Transportation Code 521.142.
  

http://www.txdps.state.tx.us/administratio...swers_dl_id.htm

 

Many states require either EAD or Green-Card before they will issue a driver's license.

Edited May 23, 2007 by dnoblett (see edit history)

[brad]

What is "EAD"?

[dnoblett]

What is "EAD"?

Employment Authorization Document, is needed to work while waiting for AOS to be approved, and green card being issued.

[tywy_99]

The EAD card and SS card is one way to get a DL but there are other ways.

A SS card is needed but with a USCIS I-797 receipt letter for AOS, this should be able to get a DL too. Look at the DMV website and search "legal Presence". You'll be able to find what is needed for a DL. Check it out and print what you think can be of assistance to you. Alot of these DMV workers don't have a clue what's going on when it comes to immigrant issues. You have to stand adamantly strong with them sometimes. I know from experience!

 

Four (4) items of information are needed:

• Identification
  
• Proof of Legal Presence
  
• Proof of Residence
  
• Social Security Number
  

These are what is needed. Identification will be her passport. Proof of legal presence will be the I-797. Proof of residence will be any mail with her name and address on it and of course, her SS card.

 

 

-good luck

Edited May 23, 2007 by tywy_99 (see edit history)

[Randy W]

The EAD card and SS card is one way to get a DL but there are other ways.

A SS card is needed but with a USCIS I-797 receipt letter for AOS, this should be able to get a DL too. Look at the DMV website and search "legal Presence". You'll be able to find what is needed for a DL. Check it out and print what you think can be of assistance to you. Alot of these DMV workers don't have a clue what's going on when it comes to immigrant issues. You have to stand adamantly strong with them sometimes. I know from experience!

 

-good luck

 

 

Nope - not needed in Texas. All you need is an address to receive the license at. I know someone who brought her parents over on a six month visa. Her father was able to get a TDL during that visit. The SS will help, whether it's necessary or not.

[tywy_99]

http://www.txdps.state.tx.us/ftp/forms/DLhandbook.pdf

 

The DL handbook covers it on page 10. Most DMV's show the I-797 as secondary documentation.

The four items I listed is what DMV wants before issuing a DL. Armed with the four, I would certainly give it a try.

[Randy W]

http://www.txdps.state.tx.us/ftp/forms/DLhandbook.pdf

 

The DL handbook covers it on page 10. Most DMV's show the I-797 as secondary documentation.

The four items I listed is what DMV wants before issuing a DL. Armed with the four, I would certainly give it a try.

 

 

revised Oct. 2004, so apparently they tightened it up a little bit.

 

I was told about that time (2004) to come in with my SS card and birth certificate because the SS number I gave them when I got my first TDL in 1966 was off by one digit!

Edited May 23, 2007 by Randy W (see edit history)

[yuehan123]

... Alot of these DMV workers don't have a clue what's going on when it comes to immigrant issues. You have to stand adamantly strong with them sometimes. ...

Yeah, and don't be afraid to ask for a second opinion from a supervisor. We went through three front desk workers and one supervisor on our first office visit to get my wife's D/L, after we had the I-797c. Ok, ok it wasn't in Texas but the advice still holds.

[brad]

tywy 99

 

Page 10 says I need one of the following;

 

1) Valid or expired (less than 2 years) Texas driver license or

identification card;

2) Valid United States Passport, United States Citizenship

(Naturalization) certificate with identifiable photo;

3) Valid United States Immigration and Naturalization

Service document with verified date and identifiable photo;

or

4) United States Military identification card with identifiable

photo of member of a military service.

 

Item 3 is the only possibility. I am not sure what a Immigration and Naturalization Service document is? We only have her visa with entry stamp. We do have a SS, mariage license and wating for a case file number ofr the AOS process.

 

Do you know what is meant by item 3?

Edited May 24, 2007 by brad (see edit history)

[Randy W]

tywy 99

 

Page 10 says I need one of the following;

 

1) Valid or expired (less than 2 years) Texas driver license or

identification card;

2) Valid United States Passport, United States Citizenship

(Naturalization) certificate with identifiable photo;

3) Valid United States Immigration and Naturalization

Service document with verified date and identifiable photo;

or

4) United States Military identification card with identifiable

photo of member of a military service.

 

Item 3 is the only possibility. I am not sure what a Immigration and Naturalization Service document is? We only have her visa with entry stamp. We do have a SS, mariage license and wating for a case file number ofr the AOS process.

 

Do you know what is meant by item 3?

 

 

basically the EAD card or green card.

 

Jiaying got hers with only her passport w/visa and SS card. Use the "two or more pieces of supporting identification" and it falls back to pretty much what I said. Foreign passport and Social Security card is enough.

[tywy_99]

tywy 99

 

Page 10 says I need one of the following;

 

1) Valid or expired (less than 2 years) Texas driver license or

identification card;

2) Valid United States Passport, United States Citizenship

(Naturalization) certificate with identifiable photo;

3) Valid United States Immigration and Naturalization

Service document with verified date and identifiable photo;

or

4) United States Military identification card with identifiable

photo of member of a military service.

 

Item 3 is the only possibility. I am not sure what a Immigration and Naturalization Service document is? We only have her visa with entry stamp. We do have a SS, mariage license and wating for a case file number ofr the AOS process.

 

Do you know what is meant by item 3?

You're right. Number 3 is it. It says Immigration and Naturalization Service document which would be the I-797C receipt notice for AOS (the I-485). Most DMV's state "I-797". That is what I used to get my wife's DL. I'm concerned, however, where it says about a photo. Nevertheless, take the four items I listed to the DMV and talk up a storm if you have to. Print that page and take it with you. Emphasize that the receipt notice is proof of legal presence. You might have to make a good case about it. Depends on what they think and who you talk to first. Ask to speak to the supervisor if need be. Good luck to you. I hope it works. It works in other states, I have posted this information before for other members in other states. Texas is the first state I've seen that didn't directly say "I-797".

Let us know how you fair!

 

-good luck!

[SirLancelot]

Hi TY99.

 

The I-797, is that equivalent to the NOA1 when filing an I-129F or equivalent to NOA2? That is to ask, do I need to wait until my wife is approved for her GC (NOA2 for AoS) to obtain her license or only have to wait until after we have filed for the AoS and received an acknowledgment of our AoS application (NOA1 for AoS)?

 

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

 

tywy 99

 

Page 10 says I need one of the following;

 

1) Valid or expired (less than 2 years) Texas driver license or

identification card;

2) Valid United States Passport, United States Citizenship

(Naturalization) certificate with identifiable photo;

3) Valid United States Immigration and Naturalization

Service document with verified date and identifiable photo;

or

4) United States Military identification card with identifiable

photo of member of a military service.

 

Item 3 is the only possibility. I am not sure what a Immigration and Naturalization Service document is? We only have her visa with entry stamp. We do have a SS, mariage license and wating for a case file number ofr the AOS process.

 

Do you know what is meant by item 3?

You're right. Number 3 is it. It says Immigration and Naturalization Service document which would be the I-797C receipt notice for AOS (the I-485). Most DMV's state "I-797". That is what I used to get my wife's DL. I'm concerned, however, where it says about a photo. Nevertheless, take the four items I listed to the DMV and talk up a storm if you have to. Print that page and take it with you. Emphasize that the receipt notice is proof of legal presence. You might have to make a good case about it. Depends on what they think and who you talk to first. Ask to speak to the supervisor if need be. Good luck to you. I hope it works. It works in other states, I have posted this information before for other members in other states. Texas is the first state I've seen that didn't directly say "I-797".

Let us know how you fair!

 

-good luck!

[tywy_99]

I'm in CA and the CA DMV does accept I-797 as secondary evidence of legal presence but I'm not sure exactly which I-797 they're referring to. Notice of receipt or Notice of Action?

 

Thanks!

SL

Hi Lance

 

The "I-797" as shown on several of the state's DMV websites is the "I-797C" notice of receipt of the I-485 application for adjustment of status. This notice stands as proof of "legal presence."

With this receipt notice and the other 3 documents I listed should be enough proof for any DMV office.

Print what information you think can help you in explaining your situation to the DMV rep should you need to. Some of the DMV reps don't have a clue, as was in our case. You can't really blame them if they don't know but don't let them push you around either. Show them what "their employer" says.