Foreign Drivers Licenses - traveling before GC

[thongd4me 69]

From NYS - DMV

A valid driver license from another country is also valid in NYS. You do not need to apply for a NYS driver license unless you become a resident of NYS.

A resident in my view means AOS - until that time my wife is only a K-1 visa holder, not a resident.

That means she can use her Thai license until her AOS, correct?

[Anh map 2,098]

Resident means where you live. I would imagine that the DMV website would have their rules regarding residency.

Have you checked with your insurance carrier to verify that she's covered? Don't want to get tripped up by some small print.

So many little things to take care of when our spouses arrive.

[thongd4me 69]

Resident means where you live. I would imagine that the DMV website would have their rules regarding residency.

Have you checked with your insurance carrier to verify that she's covered? Don't want to get tripped up by some small print.

So many little things to take care of when our spouses arrive.

Yes I will check with my insurance. It's not imperative that she drive at this time

but it would be nice for her to have that flexibility.

Thanks

[Krikit 1,164]

In Florida, for K-1 visa holders, the DMV doesn't consider you a resident for driver's license purposes until you receive your AOS NOA. They told me it was okay to continue to drive on my out-of-country license until then.

[thongd4me 69]

In Florida, for K-1 visa holders, the DMV doesn't consider you a resident for driver's license purposes until you receive your AOS NOA. They told me it was okay to continue to drive on my out-of-country license until then.

I'm guessing that should be the standard; the NYS DMV says non-residents can use their

national drivers licenses but when they provide a link that should say more it only covers

out-of-state, not out-of-country policy. I think we only need to contact my insurance

company if she needs to drive before the AOS.

Thanks

[baron555 934]

In Florida, for K-1 visa holders, the DMV doesn't consider you a resident for driver's license purposes until you receive your AOS NOA. They told me it was okay to continue to drive on my out-of-country license until then.

Same applies for Illinois.....however.....what tripping us up is that since she does not have a Illinois DL, my insurance (Allstate) will not insure her.

Rather than shop around for other high priced insurance, we are just stepping up her studies to get her IL DL.

[Krikit 1,164]

GEICO covered me, and my Canadian car, until I was able to get my State DL and car registration. They just told me to update my information with them when everything was changed over. I believe there were one or two other insurance companies who have done the same for other Canadians. I think State Farm was one of them. There are a few who won't even touch them. Most Canadians have gone with GEICO.

[thongd4me 69]

GEICO covered me, and my Canadian car, until I was able to get my State DL and car registration. They just told me to update my information with them when everything was changed over. I believe there were one or two other insurance companies who have done the same for other Canadians. I think State Farm was one of them. There are a few who won't even touch them. Most Canadians have gone with GEICO.

I also have GEICO - I'll see how their Tuk-Tuk coverage stacks up.

Edited January 14, 2010 by thongd4me

[thongd4me 69]

I couldn't resist this one

[lucyrich 20]

From NYS - DMV

A valid driver license from another country is also valid in NYS. You do not need to apply for a NYS driver license unless you become a resident of NYS.

A resident in my view means AOS - until that time my wife is only a K-1 visa holder, not a resident.

That means she can use her Thai license until her AOS, correct?

That's a reasonable view, but your view isn't what matters at all. It's what the definition of "resident" is according to NY vehicle law. BTW, they may have another definition of "resident" for the purpose of taxes, and still another for the purpose of paying in-state tuition at universities. All these definitions of "resident" may not be coordinated well or at all, depending on the whims of the NY legislature. Some of the definitions may also be further refined in case law.

I don't know about NY law. I do know about California law. The California Vehicle Code defines "resident" completely without regard to one's immigration status. If your primary home is in California, you are a California resident according to the Vehicle code, whether or not you have any immigration status. And you are required to get a California license ten days after you become a resident, or else you cannot legally drive in California. They arrest a lot of illegal immigrants that way. Unfortunately, that also causes problems for people here legally with pending immigration status.

So I don't know about NY law, but I'd suggest you research it (or ask an attorney) before relying on the common sense view that residence doesn't start until AOS is complete.

[thongd4me 69]

That's a reasonable view, but your view isn't what matters at all. It's what the definition of "resident" is according to NY vehicle law. BTW, they may have another definition of "resident" for the purpose of taxes, and still another for the purpose of paying in-state tuition at universities. All these definitions of "resident" may not be coordinated well or at all, depending on the whims of the NY legislature. Some of the definitions may also be further refined in case law.

I don't know about NY law. I do know about California law. The California Vehicle Code defines "resident" completely without regard to one's immigration status. If your primary home is in California, you are a California resident according to the Vehicle code, whether or not you have any immigration status. And you are required to get a California license ten days after you become a resident, or else you cannot legally drive in California. They arrest a lot of illegal immigrants that way. Unfortunately, that also causes problems for people here legally with pending immigration status.

So I don't know about NY law, but I'd suggest you research it (or ask an attorney) before relying on the common sense view that residence doesn't start until AOS is complete.

I'll call or visit the DMV before I take any action on the insurance. I believe insurance

companies will accept payment for coverage no matter if the status of a driver is legal or not.

I think a lawyer would tell you to ask the DMV.

I'm hoping she can get at least a little practice in driving on the right hand side of the road

before she is obliged to turn in her national license & take a drivers' test in NY.

[Boiler 45,525]

I'll call or visit the DMV before I take any action on the insurance. I believe insurance

companies will accept payment for coverage no matter if the status of a driver is legal or not.

I think a lawyer would tell you to ask the DMV.

I'm hoping she can get at least a little practice in driving on the right hand side of the road

before she is obliged to turn in her national license & take a drivers' test in NY.

Why would she want to give them her license?

[VanessaTony 3,567]

I think it's pretty obvious given what the DMV told you that she can't get her US drivers licence till she has her greencard, oh well, doesn't matter.

What DOES matter is, "is her license valid in the US" because not all are. There is this link: http://www.justlanded.com/english/USA/USA-...Driving-Licence that says that she should be okay 'cause Thailand's part of the "Vienna Convention on Road Traffic" but I know my Malaysian ex-boyfriend needed to carry a translation for it to be valid even though Malaysias party of the convention too.

She may need an International Drivers Permit which might help with the insurance issue, and doesn't matter whether she's a resident or not. The only issue will be insurance as others have mentioned. The link I posted said this:

If your foreign licence doesn’t contain a photograph or is written in a language other than English, it’s wise (but not mandatory) to obtain an International Driver’s Permit (IDP). Always carry your foreign licence as well as your IDP. Without an IDP it may be necessary to obtain a certified English translation of your foreign driving licence, usually obtainable from your country’s embassy in the US.

As an Aussie I'm able to drive here but again, the issue is insurance. I'm fine with a hire car, but personal car insurance for my husbands town doesn't work unless I have a state licence, so I have to wait. It's okay, I can wait

Anyway, look into that link and maybe that'll help

Edited January 15, 2010 by Vanessa&Tony

[HeatDeath 430]

Why would she want to give them her license?

A lot of places say that you have to surrender your out-of-state or out-of-country license when you apply for a local one. Utah says this on their website. I was honestly surprised that they let me keep my Canadian license after I passed the road test and got the Utah temp license. 'Course it was expiring within the week so I guess it didn't matter too much to them anyways.

Edited January 15, 2010 by HeatDeath

[thongd4me 69]

A lot of places say that you have to surrender your out-of-state or out-of-country license when you apply for a local one. Utah says this on their website. I was honestly surprised that they let me keep my Canadian license after I passed the road test and got the Utah temp license. 'Course it was expiring within the week so I guess it didn't matter too much to them anyways.

I have heard that too but not sure if it's applied in New York;

I think the rationale is to not allow someone to give their national license to

someone else who may want to use it without authorization by the DMV.