Confused about Drivers License during AOS

[RogerJune]

We got June's SSN last week and went down to the DMV to see about getting her an instructional permit for driving in TX but they pointed out we had to have an "unexpired form I-94 with a defined expiration date: Form I-94 must have been issued for a period of at least one year and have at least six months validity remaining." On the K1 visa, you only get 90 days on the I-94. We pointed out that we are married and that according to the INS, she is in the country legally as she waits for the AOS with intention of family-based immigration. We were told we don't have acceptable identification documentation for getting her a drivers license in Texas.

 

Oh and they said it made no difference that she had a driver's license in China. She still has to start from square one.

 

So, it seems that the only way we can get what the DMV requires on the I-94 is if we wait out the AOS approval and get her green card or EAD right? Gosh, so she will be unable to drive for several months according to the wait times at the Texas processing office, right? That's a real hardship on us. Somebody please tell me there is an angle I am not seeing here.

 

P.S. This is new regulation that was enacted as of March 2008 in Texas.

 

Thanks a bunch!

[jim_julian]

The Texas crew will comment more definitively but this is the same situation we faced in California. A K-1 can't get a license or learner's permit until GC or EAD is in hand.

 

The Chinese DL may come in pay when you add her to your auto insurance ... be sure to let them know she's an experienced driver ... not a newbie.

[Randy W]

All you need is the EAD, which comes in about 60 days. In the meantime, she's a stuck at home Momma.

 

Jiaying was able to get a state of Texas ID the first month she was here (exp. 2011), and then use that to get her TDL, which arrived the same day as her EAD (not sure how we got the ID), but they apparently don't do that anymore.

[dnoblett]

This is the same for us in NY State, we had to wait for EAD or Green-card to apply for driver's license.

 

All states require SSN, but for evidence of residence the standards vary greatly by state, some are fine with a bill showing name and address, others require I-94, but will set driver's license to expire same time as I-94, so a very short DL for a K-1, others require I-94 with at least 1 year's validity (TX, NY) (This works fine for a K-3), other states need EAD or Green-card.

 

I read a post on VJ where a tester in TX denied a license because EAD card was valid for 364 days instead of 365.

 

http://www.visajourney.com/forums/index.php?showtopic=144044

Edited August 27, 2008 by dnoblett (see edit history)