status during AOS

[TBoneTX 46,417]

Jim's answer, as always, is excellent. According to a sharp immigration attorney whom I consulted when the Mrs. was at your wife's stage, the official term for her status is "applicant for Adjustment" or simply "Adjustment applicant." Technically, she's fine while the AOS is waiting for adjudication, but it's still crucial that she keep a copy of the NOA1 and of your marriage certificate on her person at all times. Do not underestimate or trifle with CBP or ICE!

[matuk tuokan 2]

Driving with foreign DL is permitted unless accompanied by a California Driver Licencee for a certain period of time.She can't drive a vehicle alone.If she will caught for traffic violation like,beating the red light or speeding,and ask her to pull over by a traffic enforcer,The vehicle she's driving might be impound by the authority,not only that she'll be cited and get a ticket for driving without license if she drive alone.Then she'll have to pay for each violation charge against her.Friendly advice before she drive is to let her apply for a CA DL (risk free).I think she can get an interim CA.drivers license after Biometrics,EAD,SSN.

[Helen Louise Pile 80]

Driving with foreign DL is permitted unless accompanied by a California Driver Licencee for a certain period of time.She can't drive a vehicle alone.If she will caught for traffic violation like,beating the red light or speeding,and ask her to pull over by a traffic enforcer,The vehicle she's driving might be impound by the authority,not only that she'll be cited and get a ticket for driving without license if she drive alone.Then she'll have to pay for each violation charge against her.Friendly advice before she drive is to let her apply for a CA DL (risk free).I think she can get an interim CA.drivers license after Biometrics,EAD,SSN.

Check the rules for CA. I was pulled over in Vermont with my UK drivers license and given a ticket for "Operating without a valid license". I contested the ticket in court and didn't have to pay anything and my record is clean now. Licenses from certain countries are legal for non-residents.

For your wifes sake I would check it out to make sure. It is intimidating to have to deal with the authorities when they often do not know about immigration rules. After that incident (which happened while I was AOS pending) I carried my NOA1, my Marriage certificate, my Passport and a printout of what the K1 visa is. I also carried a photocopy of the "Foreign reciprocity guide" pages which states that Vermont allowed foreign drivers to drive http://www.aamva.org/aamva/DocumentDisplay.aspx?id={E0CFB3C6-88F0-4FC3-959B-6BD1B9D5FF31}(Page 141/142). I also had a lady at the AAA photocopy some pages from the "Digest of Motor Laws" as that stated that UK drivers could drive and the terms of this agreement. (A VJ member kindly pointed me in the direction of this info).

It sounds like I went overboard But it was just so unpleasant to be trying to explain to the police lady that I was not a resident. (She just looked at my POE stamp and took residency date from there) She did not want to hear anything I said and it was upsetting for me. I wanted to avoid that happening again.

Good luck and congratulations on getting married!

Edited June 8, 2011 by Helen Louise Pile

[newlyweds2010 208]

My wife entered US on April 29th on K1. We got married on May 4th and submitted the AOS package with NOA1 dated May 23rd. Her I-94 expires July 28th. It is obvious that she will not have green card yet. What is her status? She drives the car using Russian DL (which is legal in CA as long as you are not resident). What is police officer stops her on July 29th? What is her status? What would you recommend carrying with you for this type of situations? Passport with expired I-94 and K-1? copy of NOA1 for AOS? Sorry if question is stupid or obvious, just bothers me, specifically while driving vehicle. Another complication: she changed her last name after marriage. Thus, her DL and passport and visa and I-94 is on her maiden name while her NOA1 is on her married (my) last name. Should she also carry copy of marriage certificate??

Which is not legal when your status is something other than "tourist". For driving purposes, a person is not considered a resident when he or she has a green card, but merely when he or she makes California his or her place of living. In California you can only drive with a foreign license for 10 days. Past those, she will be subject to criminal prosecution because unlicensed driving in California is a misdemeanor. I did all my research already when it was my turn to stop driving, and if you check in the forum you will find a few threads about it.

The only solution is to stop driving and wait to be allowed to take the driving test (when she receives the EAD). It will be a few months from now, but it's well worth waiting.

[newlyweds2010 208]

Driving with foreign DL is permitted unless accompanied by a California Driver Licencee for a certain period of time.She can't drive a vehicle alone.If she will caught for traffic violation like,beating the red light or speeding,and ask her to pull over by a traffic enforcer,The vehicle she's driving might be impound by the authority,not only that she'll be cited and get a ticket for driving without license if she drive alone.Then she'll have to pay for each violation charge against her.Friendly advice before she drive is to let her apply for a CA DL (risk free).I think she can get an interim CA.drivers license after Biometrics,EAD,SSN.

In California driving with a foreign license is permitted for the first 10 days upon arrival. Then no more, no matter who is in the car with you. Once you pass the written test and until you take the behind-the -wheel test, the DMV will issue a temporary drive permit, which allows the holder to drive with someone else in the car. Was her license in English, pending the behind-the-wheel test she would get an interim DL, but it is probably not applicable to her case, as I guess her license will be in Russian. To be allowed to take the written test, you need to prove legal status in the US: for this purpose, EAD is enough.

[newlyweds2010 208]

[

Edited June 8, 2011 by newlyweds2010

[Helen Louise Pile 80]

AAA Digest of Motor Laws (page 467) says:

"Foreign DriversLicenses and Foreign License Plates/Registration Tags Recognised in the United States.

Foreign motorists from any of the countries on the following list who visit the United States as bona fide tourists can drive legally usingtheir valid domestic drivers license for a period not to exceed one year from date of arrival....

...This privilege is made possible as a result of the United Nations Convention on Road Traffic (Geneva, 1949, and, Vienna, 1968) and the Convention on the Regulation of Inter-American Motor Vehicle Traffic (Washington D.C. 1943)...

...If the visiting tourist accepts a job or attends school in the United States,he or she then loses tourist status and may be required to obtain a state driver's license...

...In addition to having a valid foreign driver's license,visitors are advised tocarry anInternational Driving Permit, as authorised by 1943/1949 or 1968Conventions, or attach anEnglish translation to their normal driving license.

(Russia is on the aforementioned list)

As a K1, you are not a resident. You ARE a visitor (Non-Immigrant). The term tourist does not seem correct since the intention is immigration, I know. The judge in my case accepted that this IS what we are as a K1 until such time as we accept employment or receive a Greencard. The police officer I dealt with decided residency occurs when you enter...but as a K1 it does not.

However,

The AAMVA Foreign Reciprocity Resource Guide (Page 141) states that California does not rocognise "Only Specific Foreign Driver's Licenses for Non-Residents Temporarily in your Juristiction".

Vermont does (as does some other States). (Despite local police officers often being unaware of such matters)

I suggest the OP do more research on this matter before allowing his wife to drive. If you go to a AAA store they should have a copy of the Digest of Motor Laws and may allow you to photocopy the pages if you ask nicely. If in doubt, don't drive. "First traffic ticket" and "First court appearance" was not an intended or particulary pleasurable part of my immigration journey.

Helen

[san diego 407]

Check the rules for CA. I was pulled over in Vermont with my UK drivers license and given a ticket for "Operating without a valid license". I contested the ticket in court and didn't have to pay anything and my record is clean now. Licenses from certain countries are legal for non-residents.

For your wifes sake I would check it out to make sure. It is intimidating to have to deal with the authorities when they often do not know about immigration rules. After that incident (which happened while I was AOS pending) I carried my NOA1, my Marriage certificate, my Passport and a printout of what the K1 visa is. I also carried a photocopy of the "Foreign reciprocity guide" pages which states that Vermont allowed foreign drivers to drive http://www.aamva.org/aamva/DocumentDisplay.aspx?id={E0CFB3C6-88F0-4FC3-959B-6BD1B9D5FF31}(Page 141/142). I also had a lady at the AAA photocopy some pages from the "Digest of Motor Laws" as that stated that UK drivers could drive and the terms of this agreement. (A VJ member kindly pointed me in the direction of this info).

It sounds like I went overboard But it was just so unpleasant to be trying to explain to the police lady that I was not a resident. (She just looked at my POE stamp and took residency date from there) She did not want to hear anything I said and it was upsetting for me. I wanted to avoid that happening again.

Good luck and congratulations on getting married!

Thank you for the tip!

[newlyweds2010 208]

AAA Digest of Motor Laws (page 467) says:

"Foreign DriversLicenses and Foreign License Plates/Registration Tags Recognised in the United States.

Foreign motorists from any of the countries on the following list who visit the United States as bona fide tourists can drive legally usingtheir valid domestic drivers license for a period not to exceed one year from date of arrival....

...This privilege is made possible as a result of the United Nations Convention on Road Traffic (Geneva, 1949, and, Vienna, 1968) and the Convention on the Regulation of Inter-American Motor Vehicle Traffic (Washington D.C. 1943)...

...If the visiting tourist accepts a job or attends school in the United States,he or she then loses tourist status and may be required to obtain a state driver's license...

...In addition to having a valid foreign driver's license,visitors are advised tocarry anInternational Driving Permit, as authorised by 1943/1949 or 1968Conventions, or attach anEnglish translation to their normal driving license.

(Russia is on the aforementioned list)

As a K1, you are not a resident. You ARE a visitor (Non-Immigrant). The term tourist does not seem correct since the intention is immigration, I know. The judge in my case accepted that this IS what we are as a K1 until such time as we accept employment or receive a Greencard. The police officer I dealt with decided residency occurs when you enter...but as a K1 it does not.

However,

The AAMVA Foreign Reciprocity Resource Guide (Page 141) states that California does not rocognise "Only Specific Foreign Driver's Licenses for Non-Residents Temporarily in your Juristiction".

Vermont does (as does some other States). (Despite local police officers often being unaware of such matters)

I suggest the OP do more research on this matter before allowing his wife to drive. If you go to a AAA store they should have a copy of the Digest of Motor Laws and may allow you to photocopy the pages if you ask nicely. If in doubt, don't drive. "First traffic ticket" and "First court appearance" was not an intended or particulary pleasurable part of my immigration journey.

Helen

As a K1 you are not a resident for immigration purposes, but you are for driving purposes. At least this is the consensus among the police departments in California. I have read of so many people who were pulled over and ended up with a citation and had to go to court. You can't convince the cops. You may convince a judge, but maybe not. I read of one person who had to make a deal with the prosecutor and paid about $1,000 to avoid 6 months in jail (the prosecutor obviously threatened to seek the maximum sentence). I don't think it's worth taking the risk. Even if you get away with that, it's still a huge pain in the neck.

[JimVaPhuong 4,863]

I suggest the OP do more research on this matter before allowing his wife to drive. If you go to a AAA store they should have a copy of the Digest of Motor Laws and may allow you to photocopy the pages if you ask nicely. If in doubt, don't drive. "First traffic ticket" and "First court appearance" was not an intended or particulary pleasurable part of my immigration journey.

Not necessary to go to AAA, and probably not even advisable. AAA is not an established authority on motor vehicle law, and I've found many of their guides to be outdated.

You can search all current California laws here (this is an official California government site):

http://www.leginfo.ca.gov/calaw.html

Click on the "Vehicle Code" check box to restrict your search to the motor vehicle code.

[Helen Louise Pile 80]

Not necessary to go to AAA, and probably not even advisable. AAA is not an established authority on motor vehicle law, and I've found many of their guides to be outdated.

You can search all current California laws here (this is an official California government site):

http://www.leginfo.ca.gov/calaw.html

Click on the "Vehicle Code" check box to restrict your search to the motor vehicle code.

Yes.

AAA was very helpful for me for my specific issue, but Vermont laws Motor laws are different from California Motor laws.

The OP seems to be under the impression that the Reciprocity agreement will allow his wife to drive in CA. (as it does in VT and some other States)

It is not worth assuming this and is definitely worth checking out the above link (posted by Jim) and doing State specific research!

Helen

[EmmillJ 1]

It may be annoying but I think the safest thing for your wife to do is not to drive until she can get a CA driver's license. Why attract unnecessary attention when you're this close to being free and in the clear, y'know?