Proving legal residence

[Archeon 0]

Hi,

I will hopefully within the next few months be moving to america permanently with my K-1 visa. My question is that in order to take an american driving test you have to show that you are a permanent resident. Now I can't do this by showing my visa, as the only evidence i will have (to my knowledge) is an I-94.

How do I prove to the DMV (and anyone else that needs to know) that I am a permanent resident? SSN?

Thanks,

Arch

[bakofoil 27]

Licensing requirements vary by state and you'll have to check the DMV website for the state you are moving to. You can drive on a UK License until you become a permanent resident and in some states this is allowed for up to a year. However, some states require that you obtain a state driving license within a defined period after becoming a permanent resident regardless of whether the year is up or not. For a K1 visa entrant permanent residency is officially achieved via adjusting status and being in receipt of a conditional green card.

If you post what state you will be living in someone may be able to give you more specific advice because you may actually be able to apply for a driving license with an SSN and an unexpired I-94, your EAD or even, in some cases, the NOA1 from your AOS application. I live in California and used my UK license until after my AOS was approved. It is a requirement in California that a CA state license is obtained within so many days of becoming a permanent resident.

The only document that will prove residency though, for anyone who needs to know, is a conditional green card. Until your AOS is approved you do not have residency status.

[Archeon 0]

I will be moving to NC.

You are allowed to drive there on a UK licence indefinitely while not a legal resident, and for 60 days after you are a legal resident.

However after talking to the guy at the DMV he said that i would have to show him my visa (which i obviously cant do) in order to get a licence for the duration of said visa (thought getting a licence for the 90 day period of the I-94 seems a little silly)

The point is I want to get my US licence asap (to take motorcycle licence as well, as i only have a restricted licence in the UK which wont transfer to america).

What does a normal US resident have to show to get a driving licence short of a SSN?

[bakofoil 27]

http://www.ncdot.org/DMV/driver_services/d...c/applying.html

Looks like NC will accept your birth certificate and an unexpired passport in place of an SSN, and utility bill or lease agreement to prove residency.

[bakofoil 27]

Your visa is stuck into your passport by the way, so you would be able to show it. It's academic though since there are a number of other documents that are considered 'acceptable proof'.

[Archeon 0]

Many thanks.

[alex and astrid 38]

Licensing requirements vary by state and you'll have to check the DMV website for the state you are moving to. You can drive on a UK License until you become a permanent resident and in some states this is allowed for up to a year. However, some states require that you obtain a state driving license within a defined period after becoming a permanent resident regardless of whether the year is up or not. For a K1 visa entrant permanent residency is officially achieved via adjusting status and being in receipt of a conditional green card.

If you post what state you will be living in someone may be able to give you more specific advice because you may actually be able to apply for a driving license with an SSN and an unexpired I-94, your EAD or even, in some cases, the NOA1 from your AOS application. I live in California and used my UK license until after my AOS was approved. It is a requirement in California that a CA state license is obtained within so many days of becoming a permanent resident.

The only document that will prove residency though, for anyone who needs to know, is a conditional green card. Until your AOS is approved you do not have residency status.

I am in Los Angeles, and I have an Australian Licence. Does this mean that I can drive on my Australian Licence until I get my green card, or at least my EAD? I was looking on the DMV website and it was making me think that I would not be able to prove legal presence...unless I showed my I-94, which expires the end of next month anyways....

[Brother Hesekiel 2,236]

Just for the record, you don't have to be a permanent resident in order to get a US State driver license. Aside from the fact that I got mine way back when as a tourist with a B1/B2, it is perfectly fine for students and treaty traders, none of which are LPRs, to apply for a license.

Now that we have that out of the way, why don't you drive with your UK license, like any tourist does it, until you become a documented LPR? That will be the case once you have married your finance and get your AOS petition approved.

Patience is a virtue.

[alex and astrid 38]

Just for the record, you don't have to be a permanent resident in order to get a US State driver license. Aside from the fact that I got mine way back when as a tourist with a B1/B2, it is perfectly fine for students and treaty traders, none of which are LPRs, to apply for a license.

Now that we have that out of the way, why don't you drive with your UK license, like any tourist does it, until you become a documented LPR? That will be the case once you have married your finance and get your AOS petition approved.

Patience is a virtue.

I am married now, and sent off for my AOS yesterday. I am aware that F1 visa holders can get a licence, I have been a F1 student and almost all my F1 friends had a California licence. The thing was though, all our licences and California ID's had an expiry date that matched the date our visas expired. So, keeping that in mind, if they did the same again when I get my licence while I am still pending AOS, are they going to put an expiry on my licence for a few months time?

Maybe I should just drop into the DMV and get it from the horses mouth.....

[HeatDeath 430]

I am in Los Angeles, and I have an Australian Licence. Does this mean that I can drive on my Australian Licence until I get my green card, or at least my EAD? I was looking on the DMV website and it was making me think that I would not be able to prove legal presence...unless I showed my I-94, which expires the end of next month anyways....

There was a post here a couple of months ago, http://www.visajourney.com/forums/index.php?showtopic=196639 , from someone who had just moved to California, was still driving on a foreign driver's license, who got pulled over. When he told the officer he had moved to California and was living there and had been there for more than 10 days, he got a ticket. Apparently the State of California requires all state resident to have a California driver's license 10 days after "entering the state with the intention of living there" even if you have previously visited and drove around for months, as a visitor. The poster was quite put-out, to put it mildly.

Now it just may have been that one cop being a bit of a jerk, but they are legally entitled to do that sort of thing. It's probably in your best interest to get the local driver license as soon as possible.

Edited March 11, 2010 by HeatDeath

[alex and astrid 38]

There was a post here a couple of months ago, http://www.visajourney.com/forums/index.php?showtopic=196639 , from someone who had just moved to California, was still driving on a foreign driver's license, who got pulled over. When he told the officer he had moved to California and was living there and had been there for more than 10 days, he got a ticket. Apparently the State of California requires all state resident to have a California driver's license 10 days after "entering the state with the intention of living there" even if you have previously visited and drove around for months, as a visitor. The poster was quite put-out, to put it mildly.

Now it just may have been that one cop being a bit of a jerk, but they are legally entitled to do that sort of thing. It's probably in your best interest to get the local driver license as soon as possible.

I am going to try and get one asap, as I don't want to be driving around on my Aussie licence, but, it all depends if the DMV will give me one with the paperwork I have.