Driving California K1 AOS

[Cam54 84]

I know this topic has been done to death but after reading through all the previous posts im no closer to figuring out when my UK license stops being a legal license for me and when I can apply for my California license. Some people are saying use I94, some saying use EAD and others are saying wait for green card. I really don't want to have a gap in driving as I have a car and its a nightmare to get around without one here so would really like to get california license as soon as I can and before I can get in trouble for using my UK one.

[Jeremy12095 8]

Heres some basic information from CA DMV's website.

http://www.dmv.ca.gov/dl/dl_info.htm#BDLP <drivers license requirements

https://www.dmv.ca.gov/pubs/vctop/d06/vc12502.htm <foreign drivers licenses

[Cam54 84]

it really all comes down to when they consider me a resident, any idea when that is, although the first link was helpful in telling me what they will need from me it doesn't remove the question of 'am I considered a resident before I get my green card or EAD or petition approval notice?'

[Nich-Nick 3,354]

  On 2/27/2014 at 9:32 PM, Cam54 said:

it really all comes down to when they consider me a resident, any idea when that is, although the first link was helpful in telling me what they will need from me it doesn't remove the question of 'am I considered a resident before I get my green card or EAD or petition approval notice?'

How about this from the driver handbook

New California Residents

When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days. Residency is established in a variety of ways, including the following:

Being registered to vote inCalifornia elections.

Paying resident tuition at a California college or university.

Filing for a home owners property tax exemption.

Receivinganyotherprivilegeor benefit not ordinarily extended to nonresidents.

Adults Visiting California

Visitors over 18 years old with a valid driver license from their home state or country may drive in California without getting a California driver license as long as their home state driver license is valid.

[khwaidee1 196]

While California considers you a resident as soon you set up domicile (you have a mailing address essentially) they will require you to be a legal resident before issuing you a CDL. Technically your EAD gives you this status but, you will need to get SS status changed before as well as the DMV works off that data base as well. What we did and probably is easiest. Get GC, change status (and name if necessary) on SS card and then take your written test for your temporary permit which is supposed to be good for only 2 months (some have said 6 but my wife had two temps both 2 months each) and take your driving test. Good luck.

Edited February 28, 2014 by khwaidee1

[Cam54 84]

  On 2/27/2014 at 11:43 PM, Nich-Nick said:

How about this from the driver handbook

New California Residents

When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days. Residency is established in a variety of ways, including the following:

Being registered to vote inCalifornia elections.

Paying resident tuition at a California college or university.

Filing for a home owners property tax exemption.

Receivinganyotherprivilegeor benefit not ordinarily extended to nonresidents.

Adults Visiting California

Visitors over 18 years old with a valid driver license from their home state or country may drive in California without getting a California driver license as long as their home state driver license is valid.

I believe I can get resident tuition after a year but I have no idea about the others, need to do some research I guess

  On 2/28/2014 at 12:01 AM, khwaidee1 said:

While California considers you a resident as soon you set up domicile (you have a mailing address essentially) they will require you to be a legal resident before issuing you a CDL. Technically your EAD gives you this status but, you will need to get SS status changed before as well as the DMV works off that data base as well. What we did and probably is easiest. Get GC, change status (and name if necessary) on SS card and then take your written test for your temporary permit which is supposed to be good for only 2 months (some have said 6 but my wife had two temps both 2 months each) and take your driving test. Good luck.

Thanks, do you think my UK license is ok until I get EAD?

[Nich-Nick 3,354]

  On 2/28/2014 at 12:44 AM, Cam54 said:

Thanks, do you think my UK license is ok until I get EAD?

My personal opinion is yes. I would drive. Doesn't mean it's right or wrong. You have nothing from the USCIS that grants you permanent residency in the US. You have not been granted any of those things mentioned above. If stopped by a police officer who asked if I was visiting, I would say yes but I am currently applying for permanent residency or will be applying for residency. Once you file for AOS, you could have the EAD within 60 days. Then you could get a driver license that would expire in one year on the same day as the EAD. Get a greencard with a later expiration than the EAD and you have dated proof of a longer legal presence and could extend the first license. Not sure of the particular requirements in CA. Don't know if they will extend only to the greencard expiration of 2 years or just give you a regular license. Most states these days probably end your license on the same date your legal presence expires. It's all to combat unlawful aliens.

Again, a personal opinion. Others may disagree.

[NigeriaorBust 4,087]

Getting married can trigger resident status. Years ago someone got popped on the way home from Vegas and was declared a resident. Also once you are added to your wife's auto insurance could trigger issues. Visitors usually aren't specifically insured on a California registered car.

[khwaidee1 196]

  On 2/28/2014 at 12:44 AM, Cam54 said:

I believe I can get resident tuition after a year but I have no idea about the others, need to do some research I guess

Thanks, do you think my UK license is ok until I get EAD?

Technically no, you are no longer a "visitor" entitled to use your foreign license. You're kind of in limbo until you get your EAD. On the bright side, when my wife got her license we used her green card with a typo (they put the wrong expiration date 1/15/14 instead of 1/15/15) When she got the license in the mail it was good for four years just like anyone else.