Driving in Nevada

[arh1 2]

Hi all,

Jut in the applying for AOS stage from my K1 visa and living in Reno, Nevada.

I was looking to get a driving license at DMV today who declined on the basis I don't have an EAD or GC yet - fair enough - it states that on their website:

http://www.dmvnv.com/dlresidency.htm

Unfortunately Nevada appears to only allow "out of state" drivers 30 days on their current license. My 30 days is up as I entered on 12th December. I have a full UK licence expiring 2015.

Obviously not being a "resident" yet as AOS is still pending, can one, if pulled over claim you are visiting?? Or does this lead to more trouble.

Any insights would be appreciated.

Thanks

[Dan & Jenni 457]

your insurance company could use it as an excuse to make your insurance invalid if you have an accident i imagine

[bigdog 376]

Proof of Identity Social Security Number

• Certified U.S. Issued Birth Certificate or Certified Abstract (hospital copies are not accepted)
• U.S. Passport (valid or expired less than one year)
• U.S. Military Identification or DD-214 Report of Separation
• Certificate of Citizenship or Naturalization
• Certificate of Degree of Indian Blood
• Consular Report of Birth Abroad
• Permanent or Temporary Resident Card
• Resident Alien Card or I-551 Receipt
• Valid Foreign Passport stamped “Processed for I-551”
• Arrival-Departure Record (I-94) with Visa or Passport
• Permit to Reenter the U.S.
• Refugee Travel Documents

It appears that our K1 if still valid apply so you can get a DL? Not SO? http://www.dmvnv.com/dlresidency.htm#Proof And if you got your SSS with your K1 that apply also. Did I miss something here? Go to main office ask for a supervisor.

[arh1 2]

Proof of Identity Social Security Number

• Certified U.S. Issued Birth Certificate or Certified Abstract (hospital copies are not accepted)
• U.S. Passport (valid or expired less than one year)
• U.S. Military Identification or DD-214 Report of Separation
• Certificate of Citizenship or Naturalization
• Certificate of Degree of Indian Blood
• Consular Report of Birth Abroad
• Permanent or Temporary Resident Card
• Resident Alien Card or I-551 Receipt
• Valid Foreign Passport stamped “Processed for I-551”
• Arrival-Departure Record (I-94) with Visa or Passport
• Permit to Reenter the U.S.
• Refugee Travel Documents

It appears that our K1 if still valid apply so you can get a DL? Not SO? http://www.dmvnv.com/dlresidency.htm#Proof And if you got your SSS with your K1 that apply also. Did I miss something here? Go to main office ask for a supervisor.

They said I94 is invalid as it expires tomorrow - 9th March.

[Chris2991 0]

Hi there,

I had a similar situation in Orlando Florida - but there was a workaround! They told me to come back once I'd received my NOA for my Adjustment of Status. They realise that it can take a long time for that green card to be delivered, so they issue a licence which expires a year from the issue date of your NOA - giving you a full year to get back there with your green card.

Another note - I also asked about the 30 day rule, but they explained to me that I'd be fine if i got pulled over as a K-1 is officially a non-immigrant visa. As a non-immigrant (technically same as a tourist), you can drive for 90 days on your foreign license. Problem solved for me!

Hope some of this applies in your state. Good luck.

[Nich-Nick 3,354]

Obviously not being a "resident" yet as AOS is still pending, can one, if pulled over claim you are visiting?? Or does this lead to more trouble.

That's what I would do. You're not a resident of the US until you get a greencard. Everything you are experiencing and imagining happened to my husband. Ticketed on his UK license for speeding. Much explanation of the limbo a K1 is in where you can't get a license yet but you have nothing to say you are legal in the US either once the I-94 expires. The cop doesn't know immigration nuances. An AOS NOA receipt doesn't say your legal. It says you applied for AOS. Cop has no clue what AOS is anyway. After much discussion the charge of failure to get a TX license in 30 days was scratched off the ticket because we appeared to know what we were talking about, but he was going to go ask the DVM if that was true when they opened the next day. It would have been much quicker to say "I'm visiting."

[arh1 2]

That's what I would do. You're not a resident of the US until you get a greencard. Everything you are experiencing and imagining happened to my husband. Ticketed on his UK license for speeding. Much explanation of the limbo a K1 is in where you can't get a license yet but you have nothing to say you are legal in the US either once the I-94 expires. The cop doesn't know immigration nuances. An AOS NOA receipt doesn't say your legal. It says you applied for AOS. Cop has no clue what AOS is anyway. After much discussion the charge of failure to get a TX license in 30 days was scratched off the ticket because we appeared to know what we were talking about, but he was going to go ask the DVM if that was true when they opened the next day. It would have been much quicker to say "I'm visiting."

Thanks.

Nevada DMV will let me apply with my EAD/AP card apparently... or so a supervisor says. Interestingly the suupervisor was of the opinion that the GC "only takes about a month from date of application" - not sure where he gets his info from

[Nich-Nick 3,354]

Thanks.

Nevada DMV will let me apply with my EAD/AP card apparently... or so a supervisor says. Interestingly the suupervisor was of the opinion that the GC "only takes about a month from date of application" - not sure where he gets his info from

The thing behind all this is illegal immigration. People used to get a DL good for maybe 6-10 years with any proof of authorized stay in the US. It provided id for them that made them look as legal as USCs even after their stay expired. The feds put pressure on the states to amend their regulations to check visas, I-94s, etc and not give a license valid beyond that authorized stay. K1s are the oddity that are only given 90 days. Some states give a 90 day license. Some won't bother with a stay less than 6 months. Your EAD will show expiration one year after issue. That's a proof you are legal for 1 year and will probably get you a DL that expires on the same day as the EAD. My husband got a 1 year TX license with EAD, then went back with the greencard, paid again and got a 6 year license. Yours may be similar in NV.

[arh1 2]

The thing behind all this is illegal immigration. People used to get a DL good for maybe 6-10 years with any proof of authorized stay in the US. It provided id for them that made them look as legal as USCs even after their stay expired. The feds put pressure on the states to amend their regulations to check visas, I-94s, etc and not give a license valid beyond that authorized stay. K1s are the oddity that are only given 90 days. Some states give a 90 day license. Some won't bother with a stay less than 6 months. Your EAD will show expiration one year after issue. That's a proof you are legal for 1 year and will probably get you a DL that expires on the same day as the EAD. My husband got a 1 year TX license with EAD, then went back with the greencard, paid again and got a 6 year license. Yours may be similar in NV.

I did a bit more research, and while (if I get pulled over) I will maintain I am a visitor if I need to, I found this online:

NRS 483.141 Resident defined.

1. Resident includes, but is not limited to, a person:

(a) Whose legal residence is in the State of Nevada.

(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this State, as the home state of such vehicles.

© Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State.

(d) Who declares that he or she is a resident of this State to obtain privileges not ordinarily extended to nonresidents of this State.

2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.

3. The provisions of this section do not apply to drivers of vehicles operated in this State under the provisions of NRS 482.385, 482.390, 482.395 or 706.801 to 706.861, inclusive.

(Added to NRS by 1973, 1569; A 1989, 706; 1997, 1221)

From http://www.leg.state.nv.us/nrs/NRS-483.html#NRS483Sec141 about how Nevada classifies residents - I think, from reading this that I wouldn't be a resident anyway? In that my legal residence is still UK...:S

Agreed?

Edited March 20, 2012 by arh1