Obtaining NYS drivers licence

[KPea 0]

Hi! I entered on a K-1 and was civilly married in July. Submitted I-485, I-765 and I-131 in August and currently waiting for green card/residency approval.

We moved to New York (upstate) last week, and was hoping I could go to the DMV and get my NYS licence (I have a Australian drivers licence, but understand I have to take the written test, pre-licencing sourse and driving test), but I have a little confusion about when I can do this. I saw on the DMV website I can drive on foreign licence until I become a NYS resident, within 30 days...well...I am currently living in NY, but I am not yet a permanent resident.

Which does it mean? Does it mean I have to wait until I have US residency status, then apply within 30 days? Or within 30 days of moving and living in NY?

[Boiler 45,525]

You will come across many different definitions of resident.

DMV definition does not equal immigration definition.

I am sure the NY DMV site gives examples of what they deem to be resident.

[nitsirk7562 82]

This is from the NYS DMV website:

To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a NYS driver license or vehicle registration.

It's pretty friggin confusing if you ask me. I was just trying to figure out what my fiancé needs to do when he gets here and I'm still unsure. I think the 30 day thing doesn't matter because their definition is kind of vague (within 30 days of being there for 90 days? really- what are they going to do- deny you?). I think once you can provide the 6 points of evidence that you need to get a license, you can get one? Someone please correct me if I'm wrong!

http://dmv.ny.gov/driver-license/exchange-out-state-driver-license

[Boiler 45,525]

You could be resident on Day 1, after Day 90 you run out of excuses.

Edited August 18, 2014 by Boiler

[gwenstar 66]

Resident after living in NYS for 30 days regardless of your pending visa paperwork.

It is one of those things - the state of NY did not know when my (Canadian) husband actually got to NYS. The CR1 POE is from Washington state and we took 2 weeks to drive across country - there is no way for the DMV to "prove" the length of time he has been living in NYS. However, we chose to get it done as soon as possible just because after all the effort and visa paperwork, we didn't want to have any issues on a technicality/misinterpretation.

Basically, as soon as you have your 6 points go get the license. Immigration permanent resident is not the same as being a resident of a state. Also, one thing we learned - if you have not applied for your SSN yet, do that - it helps with 'points'.

http://dmv.ny.gov/node/63

Edited August 18, 2014 by gwenstar