Drivers License

[Tn Vol]

I took my wife for her written drivers license test yesterday in Tennessee. I took all the information required on the Tennessee drivers testing website. Once at the testing center we were told that my wife cannot apply for a drivers license because her visa has expired. My wife arrived in the US on March 26, 2009 on a K1 visa, we were married on April 25, 2009. My wife¡¯s visa expiration date is September 16, 2009. The drivers license testing center will not consider any date beyond the June 25, 2009 date shown on the I-94. I told them the June 25 date no longer applies since we were married within the ninety days but they said whether we are married or not means nothing to them, only the date on the I-94. I showed them our biometrics appointment letter (July 21) but they said this means nothing to them. My wife can only apply for a drivers license when she gets a new visa. She is not happy with this answer.

 

Has anyone else had a similar experience? If so what did you do and/or is there anything we can do?

[samsong]

She should be able to get the license with a EAD card.

[Randy W]

Yes - my wife was able to get her DL, but they are tending to require proof of legal presence in the form of the EAD or green card these days.

 

And they will sometimes use the expiration date of the card as the expiration for the DL

 

If Tennessee really does not require the EAD, you might try talking to a supervisor, or going to a different office.

Edited July 9, 2009 by Randy W (see edit history)

[whome?]

In the state of Alabama you have to have a SSN. The EAD is only consider secondary evidence. However even if you have the SSN you also need a valid IV. If the I-94 is past the expiration date it is not considered valid.

 

I know two people who brought the I-797 showing that they had applied for AOS (I-485 I think) and even a copy of their AOS paperwork. One office accepted that as proof of legal IV status and one office did not.

 

If you have your SSN maybe you can try bringing your AOS proof if you didn't already.

 

Also I looked on the TN DMV website and found that you can get a temporary DL with proof of temporary legal residence (i.e. work or student visa).

 

To prove temporary legal presence, applicants must provide one of the following:

Conditional Resident Alien Card (I-551)

Valid Foreign Passport with Valid Visa and I-94 attached

(Note: The passport must have an English translation)

Valid Foreign Passport with I-94W attached

Holders of F1, F2, M1, or M2 status should also present a valid SEVIS I-20

Holders of J1 or J2 status should also present a valid DS-2019

Temporary Resident Identification Card (I-688)

Employment Authorization Card (I-766)

 

So if you have the EAD card you should at least be able to get the Temp. DL one would think.

 

Geez ... Easier to get a DL on a NIV than on a spousal visa .. who would have thought? ph34r:

 

Seems there should be some way for the I-94 to be extended once you get married and apply for AOS since it is being required as legal proof of residence in the USA. She is not considered here illegally because she has filed for AOS but that is exactly how the TN DL office is treating here.

[dnoblett]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

Edited July 9, 2009 by dnoblett (see edit history)

[whome?]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

So to sum it up:

 

K1: you can get a SSN without a EAD card BUT you still need to get an EAD card to get USA DL if I-94 is expired (only valid for 3 months)

 

K3: you have the valid visa required for a USA DL BUT you need to get a EAD card in order to get a SSN.

 

Is this correct or do you always have to apply for the EAD to get a SSN? How do you get a SSN if you enter on a CR-1 or IR-1?

Edited July 9, 2009 by whome? (see edit history)

[samsong]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

So to sum it up even though you can get a SSN with K1 visa without a EAD card you still to get one to get a USA DL. With the K3 you have the valid visa for USA DL but you need to get a EAD card to then get a SSN which is required also for USA DL. Is this correct??

HUH?...

[whome?]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

So to sum it up even though you can get a SSN with K1 visa without a EAD card you still to get one to get a USA DL. With the K3 you have the valid visa for USA DL but you need to get a EAD card to then get a SSN which is required also for USA DL. Is this correct??

HUH?...

Ai yi .... your right ... it makes no sense. I cleaned up my questions.

[dnoblett]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

So to sum it up:

 

K1: you can get a SSN without a EAD card BUT you still need to get an EAD card to get USA DL if I-94 is expired (only valid for 3 months)

 

K3: you have the valid visa required for a USA DL BUT you need to get a EAD card in order to get a SSN.

 

Is this correct or do you always have to apply for the EAD to get a SSN? How do you get a SSN if you enter on a CR-1 or IR-1?

Correct, True immigrant visas have less of a problem, a person that enters the USA on IR-1 or CR-1 can apply for SSN a few weeks after arrival and can then bring the SSN card and passport with I-551 stamp to the DMV and apply for DL or Permit.

 

K-Visas are NON-immigrant, they have a single NON-Immigrant purpose, K-1 is to enter the USA and marry and then adjust status, K-3 is to enter the USA and waith for I-130 approval so that they can either return to home country and interview for immigrant visa, or adjust status. Once status has been adjusted to IMMIGRANT only then will many DMV will deal with the IMMIGRANT.

 

To sum this up a K-Visa holder is a NON-Resident, and an IMMIGRANT visa holder is a RESIDENT.

Edited July 9, 2009 by dnoblett (see edit history)

[whome?]

Driving privileges are a state by state thing.

 

Most want SSN and evidence of legal presence (I-94 card valid more than 90 days, EAD card, or Green-card).

 

For example, NY State will only accept EAD, I-94 card valid 1 year or longer (K-3 has this) or Green-card. NY state will allow driving using a foreign driver's license until the person gets green-card.

 

NOTE, the expiration date on the K-1 has only to do with when a person must use the K-1 visa to enter the USA, once the vis has been used to enter the USA the visa is considered to be VOID. The I-94 card is what determines legal presence after entry to the USA, and it is the expiration date on the I-94 card that the DMV uses to determine if they can issue a DL or not.

So to sum it up:

 

K1: you can get a SSN without a EAD card BUT you still need to get an EAD card to get USA DL if I-94 is expired (only valid for 3 months)

 

K3: you have the valid visa required for a USA DL BUT you need to get a EAD card in order to get a SSN.

 

Is this correct or do you always have to apply for the EAD to get a SSN? How do you get a SSN if you enter on a CR-1 or IR-1?

Correct, True immigrant visas have less of a problem, a person that enters the USA on IR-1 or CR-1 can apply for SSN a few weeks after arrival and can then bring the SSN card and passport with I-551 stamp to the DMV and apply for DL or Permit.

 

K-Visas are NON-immigrant, they have a single NON-Immigrant purpose, K-1 is to enter the USA and marry and then adjust status, K-3 is to enter the USA and waith for I-130 approval so that they can either return to home country and interview for immigrant visa, or adjust status. Once status has been adjusted to IMMIGRANT only then will many DMV will deal with the IMMIGRANT.

 

To sum this up a K-Visa holder is a NON-Resident, and an IMMIGRANT visa holder is a RESIDENT.

Thanks. This also helps me understand the steps to take for AOS if I bring my wife over on a K3 visa instead of the CR-1.

 

Ironically then it also means that in the state of TN, and others, you can get a temporary license quite easily if you have a student or work NIV (non resident) but if you have a spousal NIV (awaiting AOS to resident status) you have to wait until you have LPR status.

 

This makes perfect sense to me ....

[Randy W]

 

Thanks. This also helps me understand the steps to take for AOS if I bring my wife over on a K3 visa instead of the CR-1.

 

Ironically then it also means that in the state of TN, and others, you can get a temporary license quite easily if you have a student or work NIV (non resident) but if you have a spousal NIV (awaiting AOS to resident status) you have to wait until you have LPR status.

 

This makes perfect sense to me ....

 

 

Most (if not all) states will still require the EAD or the green card.

 

It is NOT necessary to adjust status to get the EAD (even for K3)

[whome?]

 

Thanks. This also helps me understand the steps to take for AOS if I bring my wife over on a K3 visa instead of the CR-1.

 

Ironically then it also means that in the state of TN, and others, you can get a temporary license quite easily if you have a student or work NIV (non resident) but if you have a spousal NIV (awaiting AOS to resident status) you have to wait until you have LPR status.

 

This makes perfect sense to me ....

 

 

Most (if not all) states will still require the EAD or the green card.

 

It is NOT necessary to adjust status to get the EAD (even for K3)

 

That is true for a permanent license. I was talking about a temporary license that is offered to NIV holders. Unfortunately the short valid time of a K1 visa prohibts the OP in TN from even getting a temporary license.

 

However the laws differ widely by states. For example AL requires both EAD/SSN AND valid NIV (more than 160 days left) or green card. This makes it very difficult for a K1 visa holder...basically they have to wait until they get their green card.

[Randy W]

 

Thanks. This also helps me understand the steps to take for AOS if I bring my wife over on a K3 visa instead of the CR-1.

 

Ironically then it also means that in the state of TN, and others, you can get a temporary license quite easily if you have a student or work NIV (non resident) but if you have a spousal NIV (awaiting AOS to resident status) you have to wait until you have LPR status.

 

This makes perfect sense to me ....

 

 

Most (if not all) states will still require the EAD or the green card.

 

It is NOT necessary to adjust status to get the EAD (even for K3)

 

That is true for a permanent license. I was talking about a temporary license that is offered to NIV holders. Unfortunately the short valid time of a K1 visa prohibts the OP in TN from even getting a temporary license.

 

However the laws differ widely by states. For example AL requires both EAD/SSN AND valid NIV (more than 160 days left) or green card. This makes it very difficult for a K1 visa holder...basically they have to wait until they get their green card.

 

 

If you mean the instructional, "licensed driver in the front seat" learner's permit, then no, I don't think you have to wait for the EAD in most cases(But again, depending on your state's laws)

[whome?]

 

Thanks. This also helps me understand the steps to take for AOS if I bring my wife over on a K3 visa instead of the CR-1.

 

Ironically then it also means that in the state of TN, and others, you can get a temporary license quite easily if you have a student or work NIV (non resident) but if you have a spousal NIV (awaiting AOS to resident status) you have to wait until you have LPR status.

 

This makes perfect sense to me ....

 

 

Most (if not all) states will still require the EAD or the green card.

 

It is NOT necessary to adjust status to get the EAD (even for K3)

 

That is true for a permanent license. I was talking about a temporary license that is offered to NIV holders. Unfortunately the short valid time of a K1 visa prohibts the OP in TN from even getting a temporary license.

 

However the laws differ widely by states. For example AL requires both EAD/SSN AND valid NIV (more than 160 days left) or green card. This makes it very difficult for a K1 visa holder...basically they have to wait until they get their green card.

 

 

If you mean the instructional, "licensed driver in the front seat" learner's permit, then no, I don't think you have to wait for the EAD in most cases(But again, depending on your state's laws)

No. See post 4 and this information from TN ...

 

http://www.state.tn.us/safety/driverlicense/tdl.htm

[Bert]

If she has a driver's license in China, you might want to look into getting an international driver's license. Someone from Pennsylvania did this. It allowed his wife to drive for 3 months until she was able to apply for a learner's permit, IIRC. It cost about $70. You just have to send a copy of her passport and Chinese license and they will translate everything. I don't know if it will work where you are, but it might be worth a try. I haven't looked into it, but I am told you can search for such a place on the internet.