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Guest ShaQuaNew

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?

 

 

We are K1. My wife never got an EAD card, but we did get her SSN a short time after she arrived in the US. I recall there being a bit of a paperwork challenge when we first applied for my wife's learner's permit in Florida, but after I showed them all the original forms and approvals, accompanied by the American Visa affixed in her passport, with a clearly legible expiry date of one year of the date of issue, she was awarded her learner's permit. This was well after the 90-days expired, but before one year, and before she received her two-year green card.

 

I also recall going the the Florida State driver's license Web site, and found a list of requirements to get your driver's license and learner's permit. We had more than what was required.

 

After being awarded her learner's permit that day, my wife took driving lessons from a certified company for a few weeks. Later, she passed the driving test and exam and got her Florida driver's license.

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We are K1. My wife never got an EAD card, but we did get her SSN a short time after she arrived in the US. I recall there being a bit of a paperwork challenge when we first applied for my wife's learner's permit in Florida, but after I showed them all the original forms and approvals, accompanied by the American Visa affixed in her passport, with a clearly legible expiry date of one year of the date of issue, she was awarded her learner's permit. This was well after the 90-days expired, but before one year, and before she received her two-year green card.

 

I also recall going the the Florida State driver's license Web site, and found a list of requirements to get your driver's license and learner's permit. We had more than what was required.

 

After being awarded her learner's permit that day, my wife took driving lessons from a certified company for a few weeks. Later, she passed the driving test and exam and got her Florida driver's license.

You were in Florida NOT Tennessee as the OP is.

 

Again the rules vary greatly by the 50 states of the USA, DMV and driving privileges is not a Federal thing.

 

For example in NY, NON-Resident can use their foreign driver's license until the become a resident, an international DL is recommended if foreign driver's license is not in English.

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Guest ShaQuaNew

We are K1. My wife never got an EAD card, but we did get her SSN a short time after she arrived in the US. I recall there being a bit of a paperwork challenge when we first applied for my wife's learner's permit in Florida, but after I showed them all the original forms and approvals, accompanied by the American Visa affixed in her passport, with a clearly legible expiry date of one year of the date of issue, she was awarded her learner's permit. This was well after the 90-days expired, but before one year, and before she received her two-year green card.

 

I also recall going the the Florida State driver's license Web site, and found a list of requirements to get your driver's license and learner's permit. We had more than what was required.

 

After being awarded her learner's permit that day, my wife took driving lessons from a certified company for a few weeks. Later, she passed the driving test and exam and got her Florida driver's license.

You were in Florida NOT Tennessee as the OP is.

 

Again the rules vary greatly by the 50 states of the USA, DMV and driving privileges is not a Federal thing.

 

For example in NY, NON-Resident can use their foreign driver's license until the become a resident, an international DL is recommended if foreign driver's license is not in English.

 

It appears the laws in Tennessee are similar to those in Florida. As you can see in their list of document requirements, you are not required to have everything on the list as proof. In this case, a valid foreign passport with Visa and valid I-94:

 

http://i27.tinypic.com/v6sshe.png

 

http://www.state.tn.us/safety/driverlicens...ireddocsign.htm

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The key here is "valid" I-94. In our case (K-1) even though we are married, my wife's I-94 expired June 25 and she is not allowed to take her drivers test after that date. I guess now we will wait for her I-766 Employment Authorization card.

 

A heads-up to others in this situation, take the drivers test before the I-94 expires.

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The key here is "valid" I-94. In our case (K-1) even though we are married, my wife's I-94 expired June 25 and she is not allowed to take her drivers test after that date. I guess now we will wait for her I-766 Employment Authorization card.

 

A heads-up to others in this situation, take the drivers test before the I-94 expires.

 

 

Although in most states, the I-94 is not enough - you will need the EAD or green card

 

Also, I think the temporary driver's license is not offered in most states.

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The EAD worked for my wife the first time and was good as long as the EAD was but after the EAD expired we ran into a little trouble. I took the I-797C acceptance notice for the I-485 to DMV and crammed that into their face. After argueing with them they accepted it, so the I-797C will work in most cases. It proves legal presence. You have to stand strong with these people and let them know because they don't know. But do yor research on your DMV website first, search word -legal presence-. Study it and print what you think you need to take to the DMV. Show them that you've done your "homework".

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