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Getting a driver license in California

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I found the following on the CA DMV website:

If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid.

Fair enough. I have a Polish license and can drive. Unfortunately:

If you take a job here or become a resident, you must get a California driver license within 10 days.

I need a SSN to get a licence, and we all know what are my chances of getting it within ten days. But, let's see how the DMV defines "residency":

Residency is established by voting in a California election, paying resident tuition, filing for a homeowner's property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.

What do you think ? Does entering the US using a K-1 visa make me a resident according to this definition ? If it does, will it mean that I won't be able to use my old license after ten days ?

I have already accepted that I will have to wait a few months before working. But if I am unable to drive as well, then I am going to be seriously pi*sed off :angry:

Bartek

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Filed: K-3 Visa Country: Canada
Timeline

Hello,

The way I read that is you can drive on your home country license as long as it is valid. If you get a job then you must get a CA license within 10 days which shouldn't be a problem because to get a job you should have a SSN.

I'm not sure about the resident thing. The USCIS says that you are not a resident yet...

"Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage."

So I would read that is until you get your green card you are not a permanent resident.

I would help you out more if I could but I'm not really sure of the laws in California. Maybe someone else who has gone through this can give more info. You also might want to try going to the license office in person. I live in Florida and went there with just my K3 visa, my passport and my Canada drivers license and they gave me a Florida license valid for 2 years.

Good luck to you.

K3 Timeline

Oct. 12 2005 Applied for K3 (Day 1)

Jan. 9th 2006 Received packet 3 (Day 89)

Jan. 19th 2006 Sent back packet 3 (Day 99)

March 20th 2006 Received packet 4 (Day 159)

April 20th 2006 K3 Appointment in Montreal (Day 190)

April 21st 2006 Received K3 (Day 191)

April 22nd 2006 Arrived in Florida!!!!! (Day 192)

EAD Timeline

May 3rd 2006 Chicago receives my application (Day 1)

May 8th 2006 NOA received (Day 5)

May 22nd 2006 Biometrics appointment letter received (Day 19)

June 3rd 2006 Biometrics complete (Day 31)

June 13th 2006 EAD card received in Mail!!!!!!!!! (Day 41)

June 13th 2006 Applied for SSN (Day 41)

July 13th 2006 SSN card arrives in the mail (Day 71)

AOS Timeline

Oct. 30th 2006 Sent in our paperwork to Chicago (Day 1)

Nov. 11th 2006 NOA Received (Day 12)

Nov. 13th 2006 Touched (Day 14)

Nov. 18th 2006 Biometrics taken (Day 19)

Dec. 14th 2006 Case transferred to California (Day 45)

Dec. 31st 2006 File arrived in California (Day 62)

Jan. 20th 2007 Touched (Day 82)

May 8th 2007 Case trasnferred to National Benefits Center (Day 190)

May 16th 2007 Case arrived at National Benefits Center (Day 198)

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K-1 does not make you a resident. I believe as a K-1 you cannot get a drivers license, unless you have EAD and SSN, so I think it is OK to drive on your Polish license for now. Certainly I know plenty of people who have done this for ages without issue.

I'm not sure about the resident thing. The USCIS says that you are not a resident yet...

The federal definition of "residency" differs from the State's one. I was told that after living in California for a year I was considered a California Resident, despite the fact that I am a non-resident alien. I had a job/drivers license/SSN and that was good enough for them. I also had a drivers license that expired way past when my Visa did, which is a shame because I had to give it up when I moved to PA, where they only gave me a license to the end of my H1-B.

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Filed: Citizen (apr) Country: Jamaica
Timeline

I think you are still considered to be an immigrant until AOS has been approved. But as far as taxes are concerned, you are considered a Permanent Resident. I drove in NJ with my international license until SSN and EAD was issued, since I did not have the required 6 points to conduct any form of business with the DMV.

*Karen -- Jamaica ....... Courtney -- New Jersey*

09-12-05 - AOS filed

04-21-06 - AOS Interview

04-27-06 - Approval

05-17-06 - Green Card in hand

02-11-08 - File to remove conditions

03-15-08 - Biometrics

03-18-09 - Approved - No interview (Card production ordered)

03-24-09 - 10-year card arrives!

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JimminiCricket.jpg

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It would appear that there is a huge "gray area", as there are many different definitions of "residency". I guess I am going to get SSN and CA license as soon as possible, and use my old license until then, without worrying too much.

My fiancee called her insurer and was told that they will be happy to add me to her policy for six months - after that I will need a CA license.

Bartek

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